Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
Our Site is owned by Testwells Limited, (“Testwells”, “Us” “We”, “Our”).
A contributor is someone who either uploads content to our Site for the general information and education of our guests and registered users or provides online training courses for our registered users to purchase, (“Contributor”). As well as these Terms applying to a Contributor they shall be bound by the terms of the Schedule.
Please read these Terms carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print or store a copy of this for future reference.
By using our Site, even if you do not register with us, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Site.
Other applicable terms
These Terms refer to the following additional terms, which also apply to your use of the Site:
If you purchase Services (as defined below) from the Site, our terms and conditions of supply of Services to consumers will also apply to your purchase.
Information about us
www.testwells.com is a site operated by Testwells Limited. We are registered in England and Wales under company number 08757988 and have our registered office at 27 Old Gloucester Street, London WC1N 3AX.
We are a limited company.
Changes to these terms
Please check this page from time to time to take notice of any changes we have made, as they are binding on you. We may revise these Terms from time to time, including but not limited to the following circumstances:
- In respect of Services, changes in how we accept payment from you;
- To reflect changes in relevant laws and regulatory requirements.
Every time you order Services from us, the Terms in force at that time will apply to the contract between you and us.
Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Changes to our site
We may update the Site from time to time, and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
Accessing our site
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Your account and password
If you choose to register with us, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
Intellectual property rights
We are the owner or the licensee of all intellectual property rights on the Site, including but not limited to all documents, course materials, software and the other material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant you a non-exclusive, non transferable, non sub-licensable licence to the contents of the Site. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these terms, 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.
If we design a product specifically for you, we will own the copyright, design right and all other intellectual property rights in that product and any drafts, drawings or illustrations we make in connection with that product for you.
No reliance on information
The free content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, relying upon, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these Terms 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 excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
We will not be liable to any user 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:
- use of, or inability to use, the Site; or
- use of or reliance on any content displayed on the Site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any indirect or consequential loss or damage;
- any indirect or consequential loss; or
- loss or corruption of data, information or software.
If you are a consumer, please note that we only provide the Site for your private use.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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.
We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Services to you, which are set out in our terms and conditions of supply of Services to consumers below.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out below.
You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to publicly available areas of the Site (this does not include content uploaded via our secure file transfer service) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy or is defamatory.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site.
We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out herein.
The views expressed by other users on the Site do not represent our views or values.
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.
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 the 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.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Site in any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to make any use of content on the Site other than that set out above, please contact [email protected].
Third party links and resources in our site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site;
- any equipment or network on which the Site is stored;
- any software used in the provision of the Site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on the Site, including, without limitation:
- Chat rooms; and
- Bulletin boards.
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any Interactive Services provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to the Site (“Contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms, constitutes a material breach of the terms upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
- Issue of a warning to you.
- Issuance of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Issuance of further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
If you use the free services on the Site, we may suspend your access to these services at our sole discretion, whether or not these Terms have been breached.
SUPPLY OF SERVICES TO CONSUMERS
SERVICES – ONLINE TRAINING
We provide annual subscriptions to online training videos to assist you, whether as a student or a professional in learning and staying connected with the latest tools and techniques in well pressure transient analysis (“Services”).
From time to time, we may amend the Services, by uploading new training videos, or amending existing training videos.
SERVICES – OUR CONTRACT WITH YOU
These additional Terms also apply where you purchase Services from us.
When you submit your order to us, this does not mean we have accepted your order for Services. Our acceptance of the order will take place as described below. If we are unable to supply you with the Services, we will inform you of this and we will not process the order.
The contract to which these Terms apply, will be formed when your payment is processed. Shortly thereafter, you will receive an invoice from us.
We shall assign an order number to your order and this will be confirmed on the invoice you receive. Please quote the order number in all subsequent correspondence with us relating to your order.
As a consumer, you have legal rights (including under the Distance Selling Regulations) in relation to Services generally, or Services not provided with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
It is your responsibility to ensure that the Services are appropriate for your individual learning requirements, and the Services we offer are not accredited or recognised by any third party organisation. You will not receive a recognised certification or other qualification by purchasing the Services.
SERVICES – PRICE AND PAYMENT
The price of the Services will be set out in our price list in force at the time we confirm your order. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you.
Payment for Services, is taken at the point of order, prior to receipt of an invoice. As soon as we receive payment, you have instant access to the Services.
SERVICES – OUR LIABILITY TO YOU
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract for Services.
We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
SERVICES – YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
If you are a consumer, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000. You also have rights under the E-Commerce Regulations. If you change your mind or for any other reason you decide our course is not suitable, you can notify us of your decision to cancel the contract within 14 days and receive a full refund. Advice about your legal right to cancel the contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
- Services specifically tailored to your requirements;
- If applicable, software, DVDs or CDs which have a security seal which you have opened or unsealed.
The annual subscription is automatically renewed each year on the anniversary date of the signing of the contract. To cancel the contract, please contact us in writing to tell us by sending an e-mail to [email protected] or by sending a letter to 27 Old Gloucester Street, London WC1N 3AX.
You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
You will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above.
We refund you on the credit card or debit card used by you to pay.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
To contact us, please email [email protected] or by telephone on 0800 368 9010 (freephone)
For technical support, email [email protected]
Additional contact information is available under the “Contact Us” tab.
TERMS APPLICABLE TO A CONTRIBUTOR
The terms contained in this Schedule apply to a Contributor who uploads information to our Site for the use and education of our guests and registered users or offers online training courses for sale. For the avoidance of doubt the Terms above apply to a Contributor. The definitions used in the Terms shall apply to this Schedule.
A Contributor may also be required to enter into a separate Contributor Agreement. If this is the case the terms of the Contributor Agreement shall prevail.
Uploading content and training courses to our Site
Any content that is uploaded by a Contributor is subject to the content standards set out in the Terms above. You warrant that such content complies with those standards and you will be liable to us and indemnify us for any breach of that warranty. You also warrant to us that any content or online training course does not breach any third party intellectual property rights and fully indemnify us against any breach of this warranty.
Intellectual Property Rights
A Contributor shall own all intellectual property rights in any content they wish to upload and any online training courses they offer for sale through our Site. The Contributor grants to Testwells non-exclusive, royalty free, perpetual, sub-licensable licences to any content or online training courses you wish to offer through our Site.
Content and Online Training Courses
Any content and online training courses that you wish to upload or offer through our Site will be subject first to our approval. We reserve the absolute right not to upload or offer any content or online training courses without liability to you. In addition we reserve the right to remove any content or online training at our sole discretion and without liability to you.
A Contributor is solely responsible for updating any content and online training courses that they upload and ensuring that, without limitation, it is always relevant and up to date. This may, amongst other things, involve removing obsolete sections or updating with new technology.
Price and Payment
We have the absolute right to set the price of any online training courses you wish to offer. Such prices will be set out in our price list and are subject to the Terms.
We shall be responsible for taking payment for any online training courses that you provide and we agree to offer via our site.
Any revenue that is received from the sale of online training courses provided by You shall be split between us as follows: [80%] of the price shall be paid to you, [20%] will be retained by us.
We shall forward yours share of the price on a quarterly basis. Any banking charges will be split on an equal basis between us.