General Terms & Conditions and Online Course Terms of Use

Ascenso Consulting S/L trading as Aaen Care Terms & Conditions

General Terms & Conditions

Access to and use of learn.aaencare.com’ (including any on-line courses, training material and live tutorials) (‘the Service’) within the US, UK and internationally is provided by Ascenso Consulting SL (‘we’, ‘us’ or ‘our’) on the following Terms and Conditions.

By using the Service you agree to be bound by these Terms and Conditions, which shall take effect immediately on your first use of the Service. If you do not agree to be bound by all of the following Terms and Conditions please do not access, use and/or contribute to the Service.

1. Use of the Service

  1. You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
  2. You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of learn.aaencare.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.
  3. We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth, or your use of the Service is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account.

2. Amendments

  1. Ascenso Consulting SL reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
  2. If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service (including community rules) then the latter shall prevail.

3. Registration

  1. In order to participate in and contribute to learn.aaencare.com courses and communities you may be required to register with aaencare.com. Any personal information supplied to aaencare.com as part of this registration process and/or any other interaction with aaencare.com will be collected, stored and used in accordance with Ascenso Consulting’s Privacy Policy.
  2. To register on this website, you must be over sixteen years of age unless you have the explicit permission of your parent or guardian.
  3. You must ensure that the details provided by you on registration or at any time are correct and complete.
  4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
  5. All user accounts must be registered with a generic business email address. Each user account is strictly for use within one care home or care at home service or by an individual user. Companies with more than one care home or care at home service must purchase an individual licence for each service.
  6. You must keep your service’s password and user name confidential and not disclose them or share them with another service. If you know or suspect that someone else knows your password, you should notify us by contacting courses@aaencare.com immediately.
  7. If Ascenso Consulting SL has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
  8. Ascenso Consulting SL reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.

4. Intellectual property

  1. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Service shall remain vested in Ascenso Consulting SL.
  2. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use learn.aaencare.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any learn.aaencare.com content except for your own personal, non-commercial use. Any other use of learn.aaencare.com content requires the prior written permission of Ascenso Consulting SL.
  3. The names, images and logos identifying Ascenso Consulting SL or third parties and their products and services are subject to copyright, design rights and trademarks of Ascenso Consulting SL and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of Ascenso Consulting SL or any other third party.

5. Availability of the Service

  1. Although we aim to offer you the best service possible, we make no promise that the services available at learn.aaencare.com will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service, you should report it to courses@aaencare.com and we will attempt to correct the fault as soon as we reasonably can.
  2. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

6. Ascenso Consulting SL’s right to suspend or cancel your registration

  1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
  2. You can cancel your registration at any time by informing us in writing
    at courses@aaencare.com. If you do so, you must stop using the Service.
  3. The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.

7. Disclaimers and limitation of liability

  1. All content provided on or through the service, including the information, names, images, pictures, logos and icons regarding or relating to Ascenso Consulting SL its products and services (or to third party products and services), is provided “as is” and on an “as available” basis. To the extent permitted by law, Ascenso Consulting SL excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Ascenso Consulting SL does not guarantee the timeliness, completeness or performance of any aspect of the service or any of its content. While we try to ensure that all content provided by Ascenso Consulting SL is correct at the time of publication no responsibility is accepted by or on behalf of Ascenso Consulting SL for any errors, omissions or inaccurate content on the service.
  2. Nothing in these terms and conditions limits or excludes Ascenso Consulting SL liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, neither Ascenso Consulting SL nor any of its officers or employees shall be liable for any of the following losses or damages (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity or anticipated savings; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the service regardless of the form of action.
  3. Ascenso Consulting SL does not warrant that functions available on or through the service will be uninterrupted or error free, that defects will be corrected, or that

the service or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

8. Applicable law

1. These Terms and Conditions will be subject to the laws of Scotland. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Scotland.

9. International use

1. We make no promise that materials available on or through the Service are appropriate or available for use in locations outside the United Kingdom and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

  1. Miscellaneous
    1. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
    2. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
    3. If you breach these Terms and Conditions and Ascenso Consulting SL chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
    4. Ascenso Consulting SL shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
  2. Publicity
    1. The Service is owned and operated by Ascenso Consulting SL, a company registered in Andorra and whose registered office address is at Aldosa Parc, Carretera de l’Aldosa, La Massana AD400
    2. If you have any queries, please contact courses@aaencare.com.

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Online Course – Terms of Use

These terms relate to the paid-for on-line training services supplied to you through the learn.aaencare.com website (the “Online Course Service(s)”) and should be read in conjunction with our General Terms & Conditions above which shall also apply save where they are inconsistent with these terms.

1. Prices and payment

  1. Your order is an offer to purchase an Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorised and the course session has started. There will be no contract of any kind between you and us unless and until you make authorized payment for an Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.
  2. The fee for an Online Course Service is calculated and payable in advance of the course start date as set out on aaencare.com. The Company shall be under no obligation to provide an Online Course Service until the fee has been paid.
  3. All prices are expressed inclusive of any VAT payable unless otherwise stated.
  4. Payment can be made by direct bank transfer or credit/debit card. Your credit/debit card details are not handled by Ascenso Consulting SL. All credit card handling is through the third party, Stripe. We do not store any credit card details. Authority for payment must be given at the time of placing your order.

2. Delivery

  1. Within 5 working days of receipt of payment, a confirmation email will be sent to the customer acknowledging payment and successful enrolment in the course.
  2. Customers will then be notified by email of an online URL where the course materials will be located. Customers will be sent a username and password for logging into the site and accessing the course content.
  3. Users of subscription courses will have unlimited access to the course content for 12 months with the option to renew at the end of the 12-month period.

3. Using the Online Course Service

  1. Please read the description for the Online Course Service carefully before placing your order as refunds cannot be given (see section 7 below).
  2. Ascenso Consulting SL warrants that it has the right to provide the Online Course Service and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Ascenso Consulting SL does not give any other warranties in respect of the Online Course Service.
  3. Ascenso Consulting SL is continually seeking to improve the Online Course Services. Ascenso Consulting SL reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.

4. In the event that Ascenso Consulting SL withdraws or is permanently unable to deliver a particular Online Course Service a partial refund will be given covering the portion of the course that remains undelivered.

4. Posting of content

  1. Some Online Course Services allow you to post content to the learn.aaencare.com website including asking questions about the course, posting completed assignments, and taking part in discussion boards.
  2. All content which you provide or upload to our website shall be subject to the relevant provisions of our General Terms & Conditions.

5. Fair use policy

1. We operate a ‘fair use’ policy to protect the quality of our Online Course Services. If we believe your use of the Online Course Service is taking up excessive bandwidth or your use of the Online Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Online Course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.

6. No commercial use

1. Subject to clause 4.2, all Online Course Services are available for non-commercial use only. Ascenso Consulting SL reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of Ascenso Consulting SL.

7. Cancellation and refunds

  1. Refunds cannot be made for downloadable digital items.
  2. Cancellation and refunds are available for subscribers to the Online CourseService only with 14 days of starting the course. If you need to request a refund

    for any reason, please contact courses@aaencare.com.

  3. It is not possible to cancel or postpone your course, apart from under thecircumstances in item 2 above.
  4. Your access to the Online Course Service may be terminated by written notice ifyou are in material breach of these terms and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these terms affects our lawful operation of the Online Course Service or third-party customers, we may suspend your access to the Online Course Service at any time.

8. Interpretation

  1. In these terms “Ascenso Consulting”, “we”, “us” or “our” refers to Ascenso Consulting SL a company registered in Andorra and whose registered office address is at Aldosa Parc, Carretera de l’Aldosa, La Massana AD400
  2. If you have any queries, please contact courses@aaencare.com.

Company Registration No. 18511 (Registre de Societats)