Please read this agreement carefully. It sets out the terms under which the Association of Costs Lawyers Training (ALCD (Training) t/a ACL Training) offers you use of its services as defined in Clause 1.1 of this agreement by means of the ACL Training website (the “website”). By using the website, you (the “the user”) are deemed to accept these terms and conditions. This agreement is made between you and ALCD (Training) t/a ACL Training, a company registered in England and Wales (04158593), whose registered office is: 16 Broad Street, Eye, Suffolk IP23 7AF.

1. The Services

    ACL Training is a provider of courses that lead to qualification as a Costs Lawyer and our courses are accredited by the Costs Lawyers Standards Board. Our website provides guidance to prospective and current students on ACL Training courses and also provides access to an online application form for prospective students seeking to apply for ACL Training courses (the “services”).
    To the extent that ACL Training is a data controller of user personal data, attention is drawn to our privacy policy.

    2. Use of the website and the services

    2.1 The website and the services are for personal and non-commercial use only. Users of the site may copy electronically and print portions of the website and/or the services for personal and non-commercial use only. Any other use of materials on the website and/or the services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution, or republication) without the prior written permission of ACL Training is strictly prohibited.

      2.2 Users agree that they shall not use the website or the services to transmit or receive (or authorise or permit any other person to receive or transmit) material which is obscene, threatening, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm ACL Training ‘s computer systems or any third party computer system.

      2.3 Save to the extent required by law, no representations, warranties, or terms of any kind are made in respect of the website and/or the services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the website, the services and/or in any listings made available on or by the website and/or the services has been so made available for guidance only. Users’ usage of such information and/or data is therefore entirely at their own risk. All liability of ACL Training, its directors, employees, or other representatives howsoever arising for any loss suffered as a result of a user’s usage of the website and/or the services is expressly excluded to the fullest extent permitted by law.

      2.4 ACL Training make no warranty that the contents of any and all emails communicated through the site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
      2.5 – The website and/or the services may include links to websites and/or services owned and/or operated by third parties. These are provided for user convenience only and ACL Training is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services and is not responsible for or liable in relation to the content or usage of such websites (save to the extent required by law).

      2.6 – Users acknowledge that ACL Training is not responsible for third party content on the website and that ACL Training cannot ensure that material presented via the internet is legal. ACL Training will not limit access to material unless notified that it is illegal. However, ACL Training shall have the right to remove any materials or other items on the website which it believes may be illegal or which it determines to be inappropriate.

      2.7 – Save to the extent permitted by this agreement, ACL Training does not grant any licence or other authorisation to use any of its trademarks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the website or the services.

      3. Availability of the website and the service

      ACL Training does not promise full, uninterrupted or error free operation of the website and/or the services. All liability of ACL Training, its representatives or employees howsoever arising for any loss whatsoever arising from a user’s use of or inability to use the website and/or the services is excluded, insofar as it is possible to do so in law.

      4. Registration

      Where users are asked to complete an online registration form or online application form, the personal details that users provide must be true, accurate and complete. Users agree to notify us of any changes which are relevant to registration or application.

      5. Data protection and use of personal information

      ACL Training processes personal data in accordance with UK data protection legislation. Processing is conducted on an appropriate lawful basis, which may include compliance with legal obligations, performance of a contract, and legitimate interests or public task where applicable. The personal data collected may include, without limitation, a user’s name, address, telephone and email address and other data obtained from users from time to time.

      Learning Records Service (LRS)

      ACL Training may access and use your Personal Learning Record (PLR) via the UK Government’s Learning Records Service (LRS) to verify your prior qualifications and support your learning journey. The LRS is operated by the Department for Education. Information from your PLR may include details of your previous education and achievements. ACL Training will only access your PLR where it has a lawful basis to do so and in accordance with the LRS terms and conditions.

      6. Fair processing notice

      All information received in electronic means for processing by ACL Training will be processed in accordance with the documented purposes as defined below.

      By submitting your application, you agree to ACL Training processing your personal data within the application on an appropriate lawful basis as outlined above. Where consent is required for specific activities, this will be requested separately.

      You declare that the information given in the application is true, complete, and accurate and no data requested has been omitted.

      You consent to the processing of the application by ACL Training and the use of the information contained within the form to be used for statistical analysis.

      You agree that a copy of the application may also be retained for official use and reference in line with data retention rules outlined in our privacy policy.

      Further information about the way in which ACL Training will use submitted data and regulate access to it, is set out below and in our privacy policy, and users should read and understand this before submitting data to ACL Training.

      All information will be managed in accordance with the data protection principles set out in c UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 and listed below.

      • Personal data shall be processed fairly, lawfully, and transparently.
      • Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
      • Personal data shall be collected for specific, relevant, and legitimate purposes which is not excessive in relation to the purpose or purposes for which it is processed.
      • Personal data shall be collected in an adequate, relevant, and limited manner in accordance with what is necessary to fulfil the purposes for which the data is processed.
      • Personal data shall be accurate and, where necessary, kept up to date with every reasonable step taken to ensure inaccurate personal data, with regard to the purposes for which the data is processed, is erased or rectified as soon as practicably possible.
      • Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
      • Personal data shall be processed in accordance with the rights of data subjects under this Act.
      • Personal data which permits identification of data subjects shall be stored for no longer than is necessary to fulfil the purpose or purposes for which the personal data is obtained, and where such data is archived to fulfil statistical purposes and other legal obligations incumbent upon ACL Training, technical and organisational measures will be taken to ensure that the data is stored safely in order to safeguard the rights and freedoms of data subjects.
      • Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
      • Personal data will not be transferred outside the UK unless appropriate safeguards are in place in accordance with UK GDPR.

      7. Termination

      ACL Training may terminate, suspend, or deny access to the website and/or services immediately for any reason without incurring any liability whatsoever to users.

      8. Claims

      Users agree to indemnify ACL Training for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by ACL Training in or as a consequence of a user’s breach of any provision of this agreement and/or their use of the website and/or services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of ACL Training).

      9. Force majeure

      Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.

      10. Notices

      Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by email or first-class post to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email shall be deemed to have been delivered on the next working day following transmission.

      11. Assignment

        • This agreement shall be personal to users who may not assign, transfer, sublet, lease, or delegate all or any of their rights and obligations, without ACL Training ‘s prior written consent.
        • ACL Training reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as ACL or ACL Training. In the event of assignment or transfer, notification will either be given to the user by e-mail or posted on the website.

        12. No waiver

        Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

        13. Severability

        If any provision of this Agreement or part thereof is determined to be invalid, unlawful, or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

        14. Variation of terms

          • This agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.
          • ACL Training reserves the right to change these terms and conditions at any time. Changes in this manner shall be deemed to have been accepted if users continue to use the website and/or the services following this amendment.

          15. Law and jurisdiction

          This agreement shall be governed by the laws of England and Wales and all users hereby submit to the exclusive jurisdiction of the English courts.