Read these conditions carefully before you place an order. If you have any questions relating to them please contact Us at [email protected]
- Cookies – files which Our Website places on your computer’s hard drive to store information about your visit and to identify your computer.
- Despatch – notification, to the email address you have registered with Us, of the online link to the Product that You have purchased.
- Personal information – information that you provide to Us through the Website.
- Product – a product made available for purchase on Our Website.
- Product Description – terms and conditions specific to the relevant Despatch, as displayed on the Website.
- We/Us – Purple Sky Futures Limited (Company registration number 09583637) whose registered office is at 50 Ripple Road, Barking, Essex IG11 7PG and Our shall have the corresponding meaning.
- Website – the website located at www.clinicalskillspro.com or any replacement URL.
Changing the Terms & Conditions
We may modify or withdraw this Website, or any part of it, temporarily or permanently and without notice. We shall not be liable to you or any third party for any such modification or withdrawal.
We may change these terms and conditions from time to time by publishing an amended version on the Website. Any such change published prior to you placing an order shall be binding on you.
It is your responsibility to check the Website regularly to see whether these conditions have been changed. If you do not agree to a change We have published on the Website you should not place an order. If you have already placed an order but your Product has not yet been Despatched, You should notify us immediately by email to [email protected] that you wish to cancel. Your order will be cancelled if We have changed the terms and conditions after you placed it. Those are the only circumstances in which you may cancel an order you have placed.
The version of these conditions published on our Website at the time your Product is Despatched shall be binding on you and Us in respect of your purchase of that Product and may only be changed by written agreement signed by you and one of Our directors. If, in Our discretion, We waive any of the conditions in relation to your purchase of any Product the remaining conditions shall remain in full force. We shall not be taken to have agreed to waive that or any other condition in relation to any other order you may place with Us.
Third Party Links
We may provide links to other websites or resources that We think may be useful for you. You access any such sites or resources at your sole discretion, and at your own risk. We are not responsible for the availability of such external sites or resources, nor for any loss, expense or liability resulting from their use or from reliance on them by you or anyone else.
You must not create a link to Our Website or any page on it without the prior written approval of one of Our directors including (without limitation) the context in which the link will appear.
Access to Our Product
You must not pass to anyone else the log-in details by which the Product that you purchase is accessed. We may terminate your subscription if you breach this clause. This shall not affect any other rights We may have.
We may keep performance data from your subscription after it has ended, but are not obliged to do so. We may delete data from expired subscriptions in Our discretion.
Intellectual Property and Rights of Use
All copyright, trademarks and other intellectual property rights in any material or content forming part of the Website, or that We provide by any other means, shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised by Us or Our licensors.
The material and content contained within the Website is made available for your personal, non-commercial use only. Any other use, reproduction or transmission of it is strictly prohibited.
Compliance with Laws
You must comply with all laws, statutes and regulations applicable in the England and in the jurisdiction in which you use the Website and any Product you buy from Us. It is your responsibility to ensure that your use of the Website and your acquisition and use of any Product that We provide to you is lawful.
Limitation of Liability
We may use a variety of means to portray particular medical symptoms and diagnostic techniques in Our Products including, without limitation any or all of the following:
- Patients actually having the relevant symptoms
- Actors and other volunteers
- Photographs, video images and other depictions digitally altered
- Sound recordings
- Sounds created by digital or other means
- Living persons cosmetically treated
Where living persons are portrayed in Our Products they have agreed to Our use of their images or the images used are already in the public domain.
We take reasonable care, by deploying suitably-qualified medical personnel to supervise and direct the creation of Our Products, to ensure that they convey a reasonable representation of the symptoms or diagnostic techniques that they seek to describe.
We take reasonable care to ensure that the description and price appearing on the Website of each of Our Products are correct at the time when the relevant information is entered onto the system.
No other warranty or representation whatsoever is given. In particular (but without limitation) unless otherwise stated in the Product Description on the Website or in the materials comprised in the Product, no representation is made that Our Product portrays authentic symptoms of any person actually having the relevant condition or that techniques are portrayed by medically-qualified persons.
No representation or warranty is given that the Website or the Product is suitable for your requirements or that they are free from error or defect. No interruption in their availability resulting from any cause beyond Our reasonable control shall give rise to any liability on Our part.
Although We aim to keep the Website up to date, the information (including Product Description) appearing on the Website at a particular time may not reflect the position at the moment you place an order. We cannot confirm the price of a Product until your order is accepted, in accordance with Our order acceptance policy.
We will not be liable in contract, tort or otherwise for any economic or consequential losses. Our liability in connection with any Product is strictly limited to the purchase price of that Product.
In no circumstances shall our liability arising from any order exceed the purchase price of the Product(s) which are the subject of that order.
Nothing in these terms and conditions limits Our liability for death or personal injury caused by Our negligence, or Our liability for fraud. Your statutory rights are not affected.
Prices and Product Descriptions are subject to change from time to time, without notice. Immediately prior to placing an order you must check the Website for all relevant details about the Product you have selected.
We will take reasonable care, in so far as it is in Our power to do so, to keep the details of your order and payment secure, but We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract Formation and cancellation policy
Our procedure for placing and accepting an order is:
- You place the order on the Website for the Product you require by clicking the Confirm button at the end of the checkout and payment process
- Your order constitutes an offer to Us to buy the specified Product(s). You cannot cancel your order unless We change these terms and conditions to your disadvantage after you have placed your order and before We Despatch the Product to you.
- We will acknowledge your order by email detailing the Products you have ordered. This does not amount to confirmation or acceptance of your order.
- The contract between you and Us is formed only on Despatch to you of the Product(s) ordered
- Once Despatched to you, no refund or compensation will be paid in the absence of proof to Our reasonable satisfaction that the Product was materially defective or substantially different from the Product Description on our website
Non-acceptance of an order may be a result of one or more of the following:
- Our inability to obtain authorisation for your payment
- The identification of a pricing or Product Description error
- We reserve the right to decline any order for any reason in Our discretion
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system.
The total cost of your order is the price of the Products ordered plus delivery charges as set out in the delivery section of this Website. Payment can be made by any of the methods specified in the payment section of this Website and payment will be debited and cleared from your account as set out in the payment section of the Website.
Your payment by credit or debit card represents to Us that the card is yours or that you have the authority of the cardholder to use it to pay for the Product, and in any event that your use of the card to purchase the Product is authorised by the issuer.
We shall have no liability to you for delay or non-delivery of the Product if for any reason your payment is not authorised.
By making an offer to buy a Product, you specifically authorise Us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Security and Privacy
Information We collect from you when you purchase a Product from the Website is held on secure servers. We do not store your financial information such as credit/debit card details. We will treat your personal information as confidential. We use internet standard encryption technology to protect your personal information including credit or debit card number, name and address. Your privacy is important to Us, and We will not pass your personal details to any third party except:-
- to collect payment from your card issuer or bank; or
- where We are required by law (or requested by any law enforcement authority) to disclose your information; or
- to seek professional advice from Our advisors who are under an obligation to keep the information confidential; or
- information which is already in the public domain.
Our online ordering system uses a Cookie to record a unique reference on your computer so that We can keep track of your order as you use the system. This Cookie is only valid for a single visit and will be overwritten by a new one for each new visit to the Website.
If your internet browser is set to reject cookies or if your network firewall won’t allow them, unfortunately you will not be able to use Our online purchasing facility. Please refer to your internet browser Help file to see how to enable Cookies on your PC or Mac.
We may gather certain information about you when you use the Website, including details of your domain name and IP address, operating system, browser version and the Website that you visited prior to this site. Any personal information which you provide (or which is available on public registers) and any user information from which We can identify you, is held in accordance with the registration We have with the Information Commissioner’s Office.
We use your information only for the following purposes:
- For statistical or survey purposes to improve this Website and its services to you
- To serve Website content and advertisements to you
- To administer the Website
- To process your order for any of Our Products and collect payment from you
- For Our own marketing purposes to notify you of Products or special offers that we think may be of interest to you
You agree to Us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
We may send you information about new Products, special offers and improvements to this site. If you decide you do not want Us to contact you, you can request that We cease using your information and that We stop mailing information to you by emailing Us to that effect at [email protected] quoting your full name and address and postcode.
Zero Tolerance Policy
We reserve the right not to respond to abusive or threatening communications whether over the telephone, face to face or in any written form. Aggressive, abusive or threatening behaviour may be reported to the police or to the General Medical Council. We shall take such other action in respect of it as We think fit to protect Our customers and personnel.
If any part of these conditions is found to be unlawful, void or for any reason unenforceable, the validity and enforceability of any of the remaining conditions shall not be affected.
These conditions shall be governed by the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England but this shall not prevent Us from taking or defending legal action in any other jurisdiction.
Who we are
Our website address is: https://clinicalskillspro.com.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Data Collected to Manage Your Membership
At checkout, we will collect your name, email address, username, and password. This information is used to setup your account for our site. If you are redirected to an offsite payment gateway to complete your payment, we may store this information in a temporary session variable to setup your account when you return to our site.
At checkout, we may also collect your billing address and phone number. This information is used to confirm your credit card. The billing address and phone number are saved by our site to prepopulate the checkout form for future purchases and so we can get in touch with you if needed to discuss your order.
At checkout, we may also collect your credit card number, expiration date, and security code. This information is passed to our payment gateway to process your purchase. The last 4 digits of your credit card number and the expiration date are saved by our site to use for reference and to send you an email if your credit card will expire before the next recurring payment.
Who we share your data with
We don’t share your data with anyone.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
How we protect your data
Your data is held on encrypted servers in the European Union.
Affiliate programme terms and conditions
Our affiliate programme will reward you for new customers that you, as one of Our Affiliates refer to Us in accordance with the Programme published on the Website from time to time and who purchase from Us products or services to which the Programme applies.
These terms and conditions constitute the entire agreement between Us and you in relation to the Programme. Any pre-existing such agreement or arrangement terminates forthwith upon participating in the Programme on the Website. This Agreement does not affect any agreement you may have with Us for the purchase by you of any of Our products or services. In the event of any conflict between the two, that agreement shall prevail.
By registering for an affiliate account you agree to abide by these terms and conditions.
- “Affiliate” means an individual who registers for an affiliate account on the Website and who is accepted as an Affiliate
- “this Agreement” means the agreement between you and Us constituted by your acceptance of these terms and conditions.
- “the Code” means the code, unique to you, which We provide to you at your request as part of the Programme
- “the Link” means the HTML link to the Website provided from time to time by Us to you as part of the Programme and which shall be unique to you.
- “The Programme” means the arrangements published on the Website from time to time under which We will (subject to the terms of this Agreement) pay commission to Affiliates referring new customers to Us and/or allow discounts to new customers referred to us by Affiliates.
- “We” and “Us” shall mean Purple Sky Futures Limited (Company No. 9583637), whose registered office is at 50 Ripple Road, Barking, Essex, IG11 7PG and “Our” shall have the corresponding meaning.
- “the Website” means the website at www.clinicalskillspro.com or any replacement URL.
- We may vary, amend or cancel the Programme by publishing any revised terms on the Site. Any such variation, amendment or cancellation shall take effect upon such publication without the need for any separate notification to you.
- The Programme is expressly a business-to-business relationship. You acknowledge that you enter into it in a business capacity and not as a consumer.
- Neither the Programme nor your acceptance as an Affiliate entitles you to represent yourself as an agent, partner or any other form of associate of Ours other than as an Affiliate as expressly provided for in this Agreement.
Suitability for Our Affiliate Programme
- We reserve the right to terminate this Agreement and your status as an Affiliate at any time for any reason whatsoever in Our sole discretion.
- Non-exhaustive examples of cases in which We may choose to terminate this Agreement include your use or promotion of any material (in any format) in connection with the Programme that:
- is sexually explicit or violent; or
- depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
- contains unlawful material including (but not limited to) materials that We consider may possibly violate another’s intellectual property rights, or
- is in Our opinion (as to which our decision is final) illegal or
- disparages Us or any of Our products or services or the Website
- compares or directly or indirectly invites comparison of any of Our products or services or the Website with any product service or website that We in our sole discretion consider competes with Ours
- We consider (in Our sole discretion) to be unsuitable.
- Acceptance into the Programme does not mean that We have approved you or any website of yours or any other materials you use in relation to the Programme.
Legitimate methods of advertising
- To receive commission for referring customers to Us, you may only engage in proper advertising. If We (in our sole discretion) consider you have engaged in, or failed to prevent others from engaging on your behalf in, improper advertising We may terminate this Agreement and your status as an Affiliate without notice.
- Non-exhaustive examples of improper advertising include (without limitation):
- the forwarding of any URLs direct to www.clinicalskillspro.com (including mis-spells of the above trademark domain); and
- forcing cookies through iframes;
- advertising through third party networks; with the exception arising from Clause 4.3 below;
- brand bidding (including mis-spells) for PPC advertising,
- including the Link within Unsolicited Commercial Email (UCE) or SPAM,
- including Our URL in search adverts.
- You may promote Us through social media communities, as a limited exception to Clause 4.2.3 above but must not create groups or web pages in social communities purporting or holding yourself out to be Our representative.
- We may conclude that you have engaged in improper advertising even if our conclusion is based only upon Our opinion or mere suspicion or belief. We shall not be obliged to prove that our conclusion, suspicion or belief is well-founded.
- Any sales that we conclude have been generated through improper advertising will not qualify for commission or credit under the Programme.
- You must repay to Us any such commission already paid together with an amount equal to any discount allowed to customers that We consider (in our sole discretion) have been referred to Us by you when you were engaging in improper advertising. Our election not to enforce this right in any particular case shall not be deemed to waive any other rights We may have under this Agreement.
- Subject to the terms of this Section, We will provide to you the Link, and/or the Code (as requested by you) and any related banners, posters, business cards graphics, or text advertisements necessary to for the Programme to apply to you. You may not use any materials to promote Us or Our products except those we have supplied to you. The Link may contain any picture, text, logo, graphic, that maybe be applicable to the relevant products or services.
- We reserve the right to change the content and or display of the Link from time to time in our sole discretion. The Link will connect your site with the area on our site (the landing page) where a customer referred by you may apply directly to us to purchase Our products or services. The presence of the Link on your site will serve to identify you as a member of the Programme.
- If, having become an Affiliate, you submit to Us a request by email from your email address for a Code then We shall within a reasonable time reply to that email address with a Code unique to you and will configure it on the Website so as to record and process for payment of commission for all relevant orders for Our products received from new customers who quote that Code in when placing their first order.
Payment of Commission
- Once a customer has arrived at the Website having followed the Link, their actions on the Website will be tracked for 14 days using a cookie. You will earn commission on their first order that is placed during the 14 day period. We will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link or the Code.
- You will only earn commission in respect of sales made through the Website directly through the customer’s use of the Link or the Code when so purchasing one of Our products or services.
- We will only make a payment to you when the level of commission due at the end of a calendar month is above the commission balance threshold.
- The commission balance threshold for the purpose of this agreement is £25 or such higher sum as We determine from time to time and publish on the Website.
- We reserve the sole right to change the commission balance threshold at any time without your consent. In the event of such a change We shall notify you. If you do not wish to accept the new commission balance threshold you may terminate this Agreement by giving Us written notice to that effect. No commission is payable in respect of any sale made after you have terminated this Agreement.
- Your continuing participation in the Programme after publication of the change on the Website constitutes your acceptance of the new commission balance threshold.
- If you have earned commission in excess of the commission balance threshold We will pay the appropriate amount by each month by PayPal or such other means as we determine in our discretion. Commission not exceeding the commission balance threshold can be applied as credit against fees for the renewal of your account with Us or against the price of Our products or services, or can be carried over until you exceed the commission balance threshold.
- We will only pay out commissions on sales that are 90 days old. Commissions for sales over 90 days old will be paid once the commission balance threshold is reached after you submit a payment request to us.
- You will only be paid commission for the first order made by your referral customer. Commission will not be not paid for orders made by existing customers. We will not pay commission for products that you purchase through the Link. Our system will simply not recognise this as a sale qualifying for commission.
- The rates of commission payable from time to time shall be published on the Website and may be amended or varied at any time. Any revised rate(s) shall take effect from publication on the Website.
- If you have subscribed for a Link, provide all information necessary to allow you to make the Link to the Website from your site,
- Process all orders for Our products or services placed by a referral following the Link,
- Track the number and amount of relevant sales generated through the Link,
- Provide information to you regarding commission payments,
- Manage credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Us for the purpose of our business, and
- Establish the commission balance threshold and payment frequency, and pay earned commissions as contained in Section 6 of this Agreement.
- You agree to be solely responsible for the following and to keep Us fully indemnified in respect of:
- The content of your website and any website to which it or you may be connected,
- Any misrepresentation of Us or Our products or services,
- Any false claims, representations or warranties made by you or on our behalf in relation to Us,
- Ensuring that your website and all products and services promoted or made available from it comply with all applicable copyright, trademark, intellectual property right, data protection, anti-spam and other applicable laws,
- Obtaining permission to use another party’s copyright or other proprietary material,
- The development, operation and maintenance of your website and all materials that appear on it. For the purposes of this Agreement this shall include, but not be limited to, the technical operation of such site and all related equipment; the accuracy and propriety of materials posted on it; and ensuring that materials posted on the your website do not violate or infringe the rights of any third party and are not defamatory or otherwise unlawful or illegal. We disclaim all liability for all such matters,
- You also agree to indemnify Us, any parent, subsidiary or associated company, and their respective directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise from any breach by you of this Agreement,
- Complying with all applicable EU and national laws and regulations in force from time to time including, but not limited to, the EU-directive 2002/58/EC, and
- The payment of all tax and national insurance contributions payable on any payments made by Us to you or at your direction.
- You agree to be solely responsible for the following and to keep Us fully indemnified in respect of:
Right to Name as a Reference Customer
- You shall not create, publish, distribute, or permit any written or graphical material that makes reference to Us (other than any expressly authorised by this Agreement) without Our prior written consent. We reserve the right to refuse any request for such consent under this Agreement in Our absolute discretion.
- With effect from your acceptance as an Affiliate We grant you a non-exclusive, non-transferable, revocable right to access the Website through the Link solely in accordance with the terms of this Agreement. This licence shall be used solely in connection with the Link, and will extend to the use of those of Our logos, trade names, trademarks and similar identifying material which We shall provide to you. You may use them for the sole purpose of establishing the Link to the Website so customers can purchase Our products and services.
- You must not modify or change the Link or any other materials provided by Us.
- Other than establishing the Link, you must not make any use of any of the licensed materials noted in clause 10.1 without first obtaining Our prior written consent. You must not use the licensed materials in any manner that is in any way detrimental to Our brand or any other brand.
- We reserve all of Our rights in the materials provided and all of Our other proprietary rights. We shall be entitled to revoke this license to use the Link or the licensed materials at any time and at Our sole discretion.
- The licence described in this Section 10 shall expire upon the termination (however occurring) of this Agreement.
- Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Us may be cause for immediate termination of this Agreement in our absolute discretion.
Commission on termination of this Agreement
- If you have reached the commission threshold We will pay the commission due via PayPal upon the termination of this Agreement subject always to its terms in force at the relevant time.
- We reserve the right to modify or otherwise change the terms of this Agreement at any time as We see fit. We shall make such modifications by way of publishing revised terms on the Website. Your only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement within 28 days of such publication (time being of the essence). You shall otherwise be deemed to have accepted any modification to this Agreement as published from time to time.
Limitation of Liability
- We shall not be liable to you or to any other person for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential loss or damages, regardless of the form of action (even if We have been advised of the possibility of such damages) whether resulting from breach of Our obligations under this Agreement or otherwise.
- Our entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to you under this Agreement.
- We give no warranty, express or implied, concerning the performance or functionality of Our services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and We expressly disclaim all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
- Except insofar as liability cannot by law be excluded We shall not be liable to you or to any other person or entity for any loss, injury, death or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme.
- This Agreement is governed by, and is construed in accordance with the laws of England.
- The Courts of England shall have exclusive jurisdiction to hear any disputes arising from this Agreement.
- We shall not be liable for the legality of Our service in countries other than the United Kingdom.
- You are solely responsible for the legality of the use of Our service in a country other than the United Kingdom by you or anyone referred to Us by you and shall indemnify Us against all loss expense and liability in respect of any such illegal or unlawful use.
- By registering for an affiliate account on the Website You acknowledge that you have read these terms and conditions, understand them and agree to be bound by them.