1. Acceptance of Terms/User Restrictions

1. By accessing the Portal you agree to be bound by these Terms and accept our Privacy Policy. If you do not accept these terms you should not use the services offered by the Portal.
2. You agree that you will not use the Portal for any illegal purpose or in any way that may impair the performance, corrupt the content or otherwise reduce the functionality of the Portal. You also agree not to attempt to compromise the security of the Portal or attempt to gain access to secured areas or sensitive information.
3. These Terms apply to all users of the Portal who will contribute Content (training videos, photographs, images, documents and text). The terms also apply to recipients of Content.

2. Modification

1. We reserve the right to change these Terms without notice. The new Terms will be available on the Portal and your continued use of the Portal will be considered acceptance of them. You are advised to check these Terms regularly.
2. We may at any time modify or remove any part of or any Content from the Portal without warning or incurring liability as a result of such action.

3. Access to the Portal

1. To access the Portal you need to provide a unique user name, password and email address for verification. You may not use as a user name the name of any other person or legal entity or trade marked name. You may not use any name which is illegal, offensive or obscene.
2. You are responsible for maintaining the confidentiality of your account, user name and password and for preventing unauthorised access to your account. You accept responsibility for all activities that occur under your account or user name and password and will take all necessary steps to keep your user name and password confidential and secure. You must inform us immediately if you believe your user name and password has become known to another or is being used in an unauthorised manner.
3. You must ensure that the details you provide to us are correct and complete and you must tell us immediately of any changes.
4. We reserve the right to remove any material or Content from the Portal, refuse access to the Portal and in appropriate circumstances to terminate your account. You may be liable for our losses and the losses of third parties due to unauthorised use of your account.

4. Content

1. The Portal permits you to upload Content to its host server. This permission is strictly subject to your compliance with these Terms.
2. You alone are responsible for your own Content and for the consequences of uploading Content on the Portal. By uploading Content you confirm:
   1. You have created the Content or have permission from the owner to use the Content.
   2. You have written consent and release from every individual person featured in any Content which shows or identifies such individual.
3. You retain ownership rights in Content which you have created. By submitting Content to the Portal you grant us a worldwide royalty free licence to use your Content in connection with the Portal. We are also entitled to use Content in any media for promoting and redistributing any part of the Portal. You also grant to all other authorised users of the Portal a non-exclusive licence to have access to your Content through the Portal and to use your Content as permitted through the functionality of the Portal
4. "Use" for the purpose of these Terms in relation to Content means and includes use, reproduction, distribution, display and preparation of derivative works.
5. In relation to your Content you confirm that you will not:-
   1. Upload to the Portal any material that is the copyright of a third party or subject to the ownership or any other form of intellectual property rights of a third party.
   2. Submit Content which is defamatory, threatening or likely to harass, racially or ethnically offensive, pornographic, obscene or which might encourage violent or criminal conduct or which is otherwise inappropriate.
6. We are not responsible for the taste or accuracy of any Content. You agree that you have no claims or remedies against us in relation to any inaccuracy or offence caused by any Content uploaded to the Portal.

5. Your Use of the Portal

1. When you send Content to the Portal it is uploaded to our servers. Other Users of the Portal may view and have access to any Content you have uploaded in accordance with the terms of clause 4.3.
2. You may have access to and use Content uploaded to the Portal by other Users in accordance with the terms of clause 4.3.

6. Liability

1. We will not be liable to you for any direct, indirect, special or consequential damages including loss of business, revenue, profits, data or anticipated savings in relation to your use of the Portal.
2. Specifically we shall not be liable to you for any Content or for any defamatory, offensive or illegal conduct of any third party or Content posted by any third party.
3. We do not limit in any way our liability by law to you for death or personal injury caused by our negligence or breach of duty.
4. We do not limit or exclude any statutory rights you may have as a consumer.
5. We will not be liable to you for any interruption or cessation of transmission to or from the Portal; any viruses, bugs or similar which may be transmitted to or through the Portal by any third party; any errors or omissions or for any loss or damage incurred as a result of the use of any Content made available on the Portal
6. We are not liable for any loss or damage caused by you being unable to view the Portal or any of its contents owing to restrictions imposed by your internet service provider including firewalls, browsers, networks and limitations of your equipment.

7. Copyright

1. All our intellectual property rights and intellectual property rights relating to the Portal are and remain ours. This includes trademarks, trade names, patents, registered design and copyright including any intellectual property rights derived from the design or functioning of the Portal. We do not claim ownership of intellectual property rights in Content which we use under a licence granted to us under the terms of clause 4.3.
2. You agree to respect our intellectual property rights. Except as permitted by these Terms, you will not copy, download, transmit, reproduce, print or exploit for commercial purposes any Content uploaded to or transmitted by the Portal.

8. Copyright Complaints

1. If you see any Content on the Portal which you consider is an infringement of any copyright to which you claim to be entitled please contact us using the Copyright Infringement Notification procedure set out at clause 15 of these Terms.
2. We will take reasonable steps to remove copyright material from the Portal where complete and accurate information is supplied in respect of the suggested copyright infringement. You are not entitled to submit a copyright infringement notification where you do not own or you are not authorised to act on behalf of the owner of the copyright material.

9. Indemnity

1. You agree to indemnify us and our employees and agents from and against all claims for damages or losses and legal costs arising from:
   1. Your contravention of any of these Terms.
   2. Your breach of any third party rights in relation to Content you have posted or otherwise; this includes rights in relation to copyright, other intellectual property or privacy rights.
   3. Any claim we may make that your Content has caused damage to a third party.

10. Termination of Service (including Expired Subscriptions)

1. Package Subscriptions on the Portal have a 7-day cooling-off period from the date of subscribing, if you choose to cancel your Package Subscription in that 7-day period, we’ll refund the amount you’ve paid for the remaining time on your plan, minus the portion of the service you’ve already used. This ensures that you only pay for what you’ve benefited from.
2. If you wish to terminate the Portal account and delete personal details from our server, you must either email us ([email protected]) to request termination, or use the functionality under your account when logged in, browsing to Manage Subscriptions, and for the relevant Subscription, select Cancel Subscription. You will be given either the choice to Cancel Now if you are within the 7-day cooling-off period, from the date at which you subscribed to the Package Subscription, or the choice to Cancel At Period End. If you are not within the 7-day cooling-off period you will be given the choice to Cancel At Period End. Cancelling At Period End will schedule the cancellation when the Package Subscription Expires. However, deletion of your account does not remove Content you have uploaded which we reserve the right to retain upon the Portal.
3. Once you have requested termination, your account will be rendered inactive within three (3) working days if you have emailed us, or immediately if you have selected Cancel Now via the Portal, or it will be scheduled for cancellation when the Package Subscription Expires, if you have selected Cancel At Period End. We will retain the Portal account details on our servers for six (6) months after account termination. In this period you can reactivate your account by emailing a request to Support. After six (6) months all your account details will be permanently removed from our servers.
4. If your subscription expires you will be given seven (7) days from the expiry date to update your subscription. After this period of seven (7) days it will be marked as inactive. Furthermore, related data such as users on the course, training groups, and the course provider data will be marked as having an expired subscription.
5. After fourteen (14) days past the expiry date of inactive and expired subscriptions, for those that have not been set to be cancelled when the subscription period is at an end, the course provider and related data will be marked as inactive. Related courses, training groups, qualifications, and related records will be marked as inactive. Users on the courses will be marked inactive, but will remain on the elms system as users, and will be able to log in and download their certificates for CPD courses or qualifications they have been awarded.
6. After one hundred and eighty (180) days past the expiry date of inactive subscriptions, or for those set to be cancelled when the subscription period is at an end having been given seven (7) days after the expiry date, the course provider and related data will be subject to deletion. When your course provider's record is deleted the stripe subscription and Elms system subscription will be marked as deleted. Related courses, training groups, qualifications, and related records will be marked as deleted. Users on the courses marked as inactive, will be marked deleted, but will remain on the elms system as users, and will be able to log in and download their certificates for CPD courses or qualifications they have been awarded.

11. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

12. Events beyond our reasonable control/Invalidity

1. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
2. If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

13. Governing Law

The contract in relation to your use of the Portal shall be governed by and interpreted in accordance with English law and English Courts shall have jurisdiction to resolve any disputes.

14. Who Are We?

The Portal is created and operated by Sennon Limited, a company registered in England and Wales under number 5322524. Its registered office is at Stone Croft, Piccadilly Lane, Upper Mayfield, Ashbourne, DE6 2HP and its email is: [email protected].

15. Copyright Infringement Notification

If you see Content transmitted by the Portal which you consider is an infringement of any copyright to which you claim to be entitled in accordance with the Copyrights, Patents and Designs Act 1988 (as amended) please contact us at the address stated below to notify us of the alleged infringement and in doing so complying with the following requirements. Please supply:-

1. A physical or electronic signature of a person authorised to act on behalf of the copyright owner.
2. Identification of the copyright work that you claim has been infringed.
3. Definitive identification of the copyright material that you claim has been infringed and which you wish to have removed from the Portal. Providing a complete URL in the body of an email is the best way to help us locate such material quickly.
4. Full information regarding the person making the complaint including:
   1. Name (and company number and place of incorporation if appropriate).
   2. Address.
   3. Telephone and email contact.
   4. A statement that the person making the complaint owns the copyright material or is duly authorised to make this complaint on behalf of an identified copyright owner.

Your written notice should be sent to [email protected]

This website terms of use was published September 2019 (v1). It was last updated February 2025 (v1.1).