ACI Learning | Practice Labs

Usage Policy

Practice Labs Systems Ltd - Usage Policy

1. Introduction

1.1. The terms set out in this usage policy (“Policy”), together with our website Privacy Policy available at https://legal.practice-labs.com/usage-policy, govern how users may access and use the website at https://www.practice-labs.com/, and all other associated “practice lab” web pages and any associated mobile applications or other software applications (together the “Site”).

1.2. The Site is operated by Practice Labs Systems Limited, trading as Practice Labs (“we”, “us” or “our”). We are a company registered in England and Wales under company number 05939037 and have our registered office at 9 Waterside Court, Galleon Boulevard, Dartford, Kent, DA2 6NX, United Kingdom. References to us in this Policy also include our group companies from time to time.

2. Associated users and access to the Site

2.1. This Site is made available directly to users or via our customers, which include businesses, colleges, universities and other organisations (our “Customers”), and to the employees, students or other individuals employed by or enrolled or associated with our customers (“users” “you”).

2.2. Your use of the Site is dependent on you or the Customer that you are associated with having a current and valid subscription with us.

2.3. If you cease to be associated with a Customer, or if a Customer that you are associated with ceases to have a current and valid subscription with us, we may restrict or terminate your use of the Site.

3. Acceptable use

3.1. We permit you to use the Site only in accordance with the terms of use set out in this Policy (and any documents referred to herein). Use of the Site in any other way, including in contravention of any restriction on use set out in this Policy, is not permitted. If you do not agree with the terms of this Policy, you may not use the Site.

3.2. The Site, this Policy and any documents referred to herein have been prepared and are made available in accordance with applicable UK law. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

4. Restrictions on use

4.1. As a condition of your use of the Site, you agree:

  • 4.1.1. not to use the Site to carry out, promote or facilitate, in any way, any activity that is unlawful in any way under any applicable law;
  • 4.1.2. not to use the Site to distribute viruses or malware or other similar harmful software code in breach of clause 13 below;
  • 4.1.3. not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
  • 4.1.4. to comply with the provisions relating to our intellectual property rights and software set out in clause 12 below; and

4.1.5. not to use the site for any purpose that is prohibited by:

  • (a) this Policy; or
  • (b) any of the documents referred to herein; or
  • (c) any separate notice given by us or on our behalf from time to time either on the Site or in a separate communication relating to the Site.

4.2. In addition, your right to use the Site does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the Site, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the Site, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.

4.3. We may prevent, suspend or terminate your access to the Site if you do not comply with any part of this Policy, any documents referred to herein, or any applicable law.

5. Logins

5.1. In order to use certain features of the Site you will be required to create and manage a login account on the Site (a “Login”). Logins may be created on the Site by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Login Information”).

5.2. You agree that you are solely responsible for keeping your Login Information confidential. You must not disclose your Login Information to any third party. If you know or suspect that anyone other than you knows your Login Information you must promptly notify us.

5.3. We have the right to disable any Login at any time if in our reasonable opinion you have failed to comply with any of the provisions of this Policy.

5.4. You acknowledge and agree that you are responsible for all activity carried out on the Site through your Login.

6. Submission and usage standards

6.1. Any information or content you submit to or through our Site (your “Submissions”), or any use you make of the Site or any features thereon (your “Usage”), must conform to proper standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any such Submissions are lawfully submitted and that any such Usage is lawfully undertaken, and that neither will breach this Policy (or any documents referred to herein).

6.2. We are not obliged to monitor or moderate any Submissions or Usage, however we reserve the right to monitor or moderate Submissions and Usage in our discretion.

6.3. We may remove or edit any Submissions to any part of the Site or restrict any Usage of any part of the Site which breaches this Policy (or any documents referred to herein).

6.4. We will not be responsible, or liable to any third party, for the content or accuracy of any Submissions to, or for any Usage of, the Site by you or any other user of the Site.

6.5. We have the right to disclose your identity to any third party who is claiming that any Submission or Usage by you constitutes a violation of their rights, including their Intellectual Property Rights (as defined in clause 12 below) or their right to privacy.

7. Permission to use content

7.1. The content available to you through the Site (the “Content”):

  • 7.1.1. is non-exclusive to you and we may supply the same or similar Content to other users;
  • 7.1.2. is made available to you for the purposes of learning/teaching and training only;
  • 7.1.3. is, subject to 7.1.1, made available to you personally through your Login and you are responsible for all activity carried out on the Site through your Login (including ensuring that all such activity complies with local laws, see clause 3.2 above);

7.1.4. may not be:

  • (a) copied by you;
  • (b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract any background data, information or coding from it, including the source code, except where any of this is allowed by law, for which see clause 4.2 above);
  • (c) combined or merged with, or used in, any other computer program or system;
  • (d) distributed, sold, shared or otherwise made available by you to any third party; and

7.1.5. contains information and Intellectual Property Rights which are owned by us or third parties or both. Further information about our Intellectual Property Rights and your related rights and obligations is set out in clause 12 below.

8. Linking to our Site

8.1 You may create a link to our Site from another website without our prior written consent provided that no such link:

  • 8.1.1. creates a frame or any other browser or border environment around the content of our Site;
  • 8.1.2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
  • 8.1.3. displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos;
  • 8.1.4. is placed on a website that itself does not meet the acceptable use requirements of this Policy; or
  • 8.1.5. damages or is likely (in our reasonable opinion) to damage our reputation or take advantage of it.

8.2 We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

9. Links to third party websites

9.1. The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites other than the Site. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.

9.2. Your use of a third party site may be governed by the terms and conditions of that third party website. It is your responsibility to ensure you are happy with such third party terms and conditions.

9.3. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third party websites or for any transaction you may enter into with the provider of any such third party websites and we accept no responsibility for any loss or damage suffered by you as a result of the use of any such websites.

10. Using the Practice Labs name and logo

You may not use our trade marks, logos or trade names except in accordance with this Policy. Where we give permission to use our trade marks, logos or trade names, you shall do so only in accordance with such policies and documents and any other applicable terms or conditions that we notify to you in writing.

11. Ownership and use of your data

11.1. You are solely responsible for the accuracy and reliability of any data entered on or uploaded to the Site by you (“your Data”).

11.2. You retain ownership of your Data and all rights therein. Nothing in this Policy grants us, or transfers to us, any legal rights to or in your Data other than as necessary for us to process your Data in accordance with this Policy and the documents referred to herein, for example to provide you with access to the Site and any services made available through it. Subject to clause 11.3 below, we will only use your Data for these purposes.

11.3. We reserve the right to disclose your Data to law enforcement officials and/or HMRC in the investigation of fraud or other alleged unlawful activities.

11.4. While we try to make sure that the Site is secure, we cannot guarantee the security of any information or data that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable.

12. Ownership and use of intellectual property rights

12.1. References in this Policy to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar and related rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.

12.2. This Site and all Intellectual Property Rights in it (but not including Submissions from users of the Site) are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with this Policy. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

12.3. Nothing in this Policy grants you any legal rights in the Site other than as necessary to enable you to access the Site, and any further or additional use is strictly prohibited unless you have our prior written permission.

12.4. If you copy, download or otherwise use any part of the Site in breach of this Policy (or the documents referred to herein), your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. Viruses

13.1. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

13.2. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

13.3. We will not be liable for any loss or damage caused by a virus, denial-of-service attack (distributed or not), or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

14. Data protection

You and we shall provide each other with reasonable assistance in complying with our obligations under applicable data protection law (including the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any re-enactment, replacement or subsidiary data protection legislation in force from time to time) insofar as necessary to facilitate each of our compliance with this Policy and the documents referred to herein. Information about how we collect and process user data is set out in our Privacy Policy https://legal.practice-labs.com/privacy-policy.

15. Limitation of our liability

15.1. Nothing in this Policy excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

15.2. Subject to clause 15.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site.

15.3. The Content is designed for the purposes learning, teaching and training purposes only. We have no liability for any other use of the Content, in particular (but without limitation) any use that breaches this Policy or that it unlawful.

15.4. Subject to clause 15.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Site, or with reliance on any content displayed on the Site. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

16. Breach

We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

17. Disclaimer

17.1. The Site is provided on an “as is” basis. We may update the Site from time to time, and may change the Content at any time.

17.2. Although we try to make sure that the Site and Content are accurate, up-to-date and free from errors, we cannot promise that they will be. Any reliance that you may place on the information or Content on the Site is at your own risk.

17.3. Any information (including Content) placed on the Site by us or on our behalf is provided for general information purposes only. It does not, and is not intended to, constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on our Site.

17.4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us on +44 (0) 203 588 7250.

17.5. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

17.6. Access to the Site is permitted by us in our sole and ultimate discretion. While we will try to keep disruptions to a minimum, we may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

18. Disputes

18.1. If you are unhappy with us under this Policy please contact us as soon as possible by sending an email to disputes@practice-labs.com. We will try to resolve any disputes with you quickly and efficiently.

18.2. If you and we cannot resolve a dispute, we will let you know that we cannot settle the dispute with you and give you certain information required by law about the options available to you.

18.3. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Policy.

18.4. Relevant United Kingdom law will apply to this Policy.

19. Variation of this Policy

19.1. This Policy was last updated on September 2019

19.2. We reserve the right to vary this Policy from time to time. Our new Policy will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check this Policy from time to time to verify such variations.

19.3. No changes to this Policy shall be valid or have any effect unless agreed by us in writing.