Terms of Use

This document sets out the Terms of Use that govern the agreement between you and Watch Learn Drive.com Ltd. for the provision of the ‘Standards Check Success (SCS) product and associated content. Please read this document fully. If there is anything that you do not understand please contact us for clarification or seek professional advice.
 
By signing-up for SCS you confirm that you are bound by the Terms of Use including any changes to them or to the SCS service in accordance with the Terms of Use.
 
DEFINITIONS:
 
1. ‘SCS’ is name of product described below in ‘WHAT IS SCS’.
2. ‘You’ is you, the ADI Business using SCS on a business-to-business’ basis; this refers to all business types including self-employed franchisees, sole-traders, limited companies and any other business format (therefore ‘Consumer Regulations 2013 do not apply).
3. ‘Cross-Platform’ means all Apps and Tools can be accessed via internet on the following platforms: Web browser on Windows devices/PC/Mac (with latest version of IE, Safari or Chrome browser installed) Apple (iOS7 +), Android (4.1+), tablet or smartphone.
4. ‘Subscription’ means a 12-month agreement set up with a payment plan of 12 monthly payments.
5. ‘Current billing period’ is the period since Your last payment.
 

WHAT IS SCS?
 
SCS is an online, video based teaching/learning aid designed for use by Approved Driving Instructors (ADIs) to prepare for the ‘Standards Check’ (SC).
 
SIGN UP

Your debit/credit card will be debited immediately upon signing up for any SCS. You will get access to WLD immediately when payment is made.
 
The contract period for SCS is 12 months. You’ll continue to have access to SCS for 12 months.
 
FREE TRIAL
 
If you join SCS through a one-month free-trial offer, your debit/credit card will be debited one month after your initial sign-up for SCS. You will get access to your SCS product immediately.
 
The contract period for SCS is 12 months. You’ll continue to have access to SCS for 12 months..
 
PAYMENT PLANS
 
WorldPay will collect payments on the behalf of SCS. During the sign up process, you will need to provide WorldPay with any information needed to collect payments. You authorise WorldPay to collect payments on our behalf. If a payment fails, WorldPay will try again for a few days. If WorldPay is unable to process a payment you won’t be able to use/access the part of the SCS service the failed payment relates to.
 
Your month-to-month membership will continue and your card will be charged for the chosen amount each month unless you cancel, which you can do at any time (See HOW DO I CANCEL MY PAYMENT PLAN? below).
 
You can cancel SCS at any time and will continue to have access until the end of the current billing period, but the access will not be automatically renewed at the end of the billing period. You can of course re-set up at a later point.
 
SPECIAL OFFERS
 
If you take up a special offer the relevant parts of these Terms of Use will be varied to take account of the terms and conditions of the offer. We will not change the terms of any valid offer which applies to you once it has started and before it has ended, unless it’s to correct or clarify an obvious error or omission.
 
All of our prices are set out on the SCS website and may change from time to time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
 
If you purchase the 12 month’s access product in full by making a one-off payment (for example, by purchasing via a special-price offer), by clicking the ‘Pay now’ button, you acknowledge that you will lose any right to a refund should you cancel. By clicking the ‘Pay now’ button you are expressly requesting the start of the digital content and requesting SCS supply the digital service for a full 12 month period – there is no refund available after activation of the 12 month service.
 

WHO CAN SIGN UP TO SCS?
 
Anyone aged 18 or over living in the UK (including the Isle of Man and Channel Islands) can sign up to use SCS. It is designed for sole-trading ADIs and driving school businesses on a ‘business-to-business’ basis therefore ‘Consumer Regulations 2013’ do not apply.
 
WHAT HAPPENS IF SCS CHANGES THE SERVICE?
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From time to time we might make changes to SCS. While we will always try to notify you in advance of any changes this might not always be possible. We will not make changes that materially disadvantage you during a pre-paid billing period (unless it’s for reasons beyond our control).
 
We will give you notice of changes which are likely to affect you during future billing periods – we’ll aim to notify you at least 21 days before the start of the affected period, this will give you sufficient time to cancel payment for future billing periods before the change takes place should you so wish.
 
If you don’t cancel any subscription in the period between any notification of change and the date that the change takes place, and you continue to use the service, we will consider that you are in agreement with, and accept the amended service.
 
WHAT NETWORK CONNECTION DO I NEED TO USE SCS?
 
You need broadband or a 3G mobile network to stream content from SCS. You’ll need a fast enough connection and an adequate broadband data allowance. To stream via broadband, we recommend a minimum 2.5Mbps connection – remember that your streaming rates depend on your local (home/office) network load could be affected by other users using the broadband connection at the same time. If you are using a 3G mobile network you will need a minimum connection speed of 450Kbps (note that depending on the device that you are using you may need a higher speed).
 
You are responsible for all costs charged by your mobile network and broadband providers and by your internet service provider. Remember that streaming audio-visual content can use up a lot of data; if your broadband package doesn’t give you unlimited downloads you need to check that you have an adequate monthly data allowance.
 
WHICH DEVICES CAN I USE SCS ON?
 
There is a full list of compatible devices on the SCS website. Certain services or content may not be available on all devices; we continually review device support and as new operating systems appear we may stop supporting older versions. This means that to continue using the service you may need to update the software on your device from time-to-time. As detailed further in these Terms of Use you should ensure that any device used to access SCS is compatible with the service.
 
HOW DO I CANCEL MY PAYMENT PLAN?
 
To stop SCS, follow the instructions set out in the email from ‘WorldPay’s Future Pay’ email. If the period it covers hasn’t started, you won’t be charged for it. Once your access to SCS stops, neither you OR YOUR PUPILS will be able to access any of your previously subscribed apps or services. If you stop a service you can always re-activate it on your account at a later date.
 
REFUNDS:
 
Once you have clicked the ‘Pay now/set up trial/pay with card’ button, you acknowledge that you will lose any right to a refund should you cancel as you are expressly requesting the start of the digital content and requesting SCS start the digital service and no refund is due.
 
If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.
 

HOW DO I CONTACT SCS IF SOMETHING GOES WRONG?
 
You can contact us for any customer service reasons using the contact details set out on the SCS website.
 
HOW WILL SCS CONTACT ME?
 
If we need to contact you (including to give ‘notice’ as described in the Terms of Use), we will do so electronically, e.g., via email, via the SCS website, via a notification within the service or a notice ‘pushed’ to your device (or any other method we notify you about). Notifications will be deemed to have been delivered on the day that they are sent, unless we receive a failed delivery notice. We will send notices to you using the contact details that you’ve given us; please make sure you’ve provided us with accurate contact details, and keep us up to date if they change. We accept no responsibility for incorrect details that you enter into our systems.
 
We may vary, replace or withdraw any feature or functionality or content provided as part of SCS at any time. We provide the services on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes other than those set out in these Terms of Use.
 
It won’t be practical for us to notify you in advance of all content changes and instead you should keep checking the SCS website for details of what’s available.
 
We will always try to avoid making any significant changes to the services which are likely to be to your material disadvantage, but, if we do so, we will aim to notify you in accordance with the Terms of Use.
 
Some of the content we provide is supplied by third parties. The availability of such content is outside our control and we may be unable to make certain videos available via SCS or we may be unable to show certain content on certain devices. We’ll use our reasonable efforts to notify you in about device restrictions and the unavailability of certain content.
 
In some cases it might not be possible or practical to give you advance notice; for example, if an urgent change is required for security reasons, or due to a request or demand or threat of action from a regulatory authority or other third party, or the rate of VAT changes, or for any other reason which is beyond our reasonable control. In such circumstances we will give you as much notice as we consider practical and we may, at our sole discretion, issue a refund or part refund for the remainder of the current billing period unless you continue to use the services or relevant part of the services.
 
SECURITY
 
You are responsible for the security and proper use of your (and your Additional Users’) log-in details and password, and all activities of your Additional Users including purchases. If you know or suspect that your, or an Additional User’s, username or password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately, and you must also ensure that any such username and password is changed as soon as possible. If we believe that there’s been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they are changed; we may also restrict your and any Additional Users use of all or any part of the service.
 
SCS’S RIGHT TO CANCEL OUR AGREEMENT
 
We can cancel our agreement with you (or any part of it) at any time. If we cancel your agreement with us (or any part of it) after you’ve paid a payment, you’ll have access to the part of SCS to which the payment relates for the remainder of your usage month/period, but your subscription won’t automatically be renewed. If we cancel your agreement with us (or any part of it) after you have purchased content by way of a one-off payment (for example, by purchasing an offer), we may, at our sole discretion cancel the relevant entitlement and issue you with a full refund.
 
In any event, we may immediately suspend or restrict your (and your Additional Users’) use of all or any part of the services and/or content without refunding or compensating you if:
 
• you fail to make a payment you owe us or if your payment method fails;
• you breach these Terms of Use or the terms of the SCS website, although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within 7 days;
• we suspect or believe that you’ve committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the service or content;
• you or your Additional Users have acted towards our staff or agents in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of our service; or
• it’s not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.
 
SCS’S RIGHT TO CHANGE THESE TERMS OF USE
 
We can change or add to these Terms of Use at any time for any of the following reasons:
 
• we change, alter, improve or add to any of our services;
• we intend to change the way we structure our services;
• we change the way we provide our services (for example, we develop new technology to provide you with a better experience);
• to help improve the security and operation of our technical infrastructure (for example, to prevent misuse of our Digital content platform);
• we reorganise the way we structure or run our business;
• to introduce new charges where the cost of running our service increases;
• for valid legal or regulatory reasons or
• to make our Terms of Use clearer or easier to understand or to have all our customers on the same Terms of Use.
 
In addition, we provide the services on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above.
 
If we make any changes to these Terms of Use and if we do we will notify you.
 
If any change materially disadvantages you, we’ll aim to notify you at least 21 days’ before the change takes effect to give you the opportunity to manage your subscriptions and end your use of SCS. We will treat any purchases you make after the 21 day period as an indication from you that you are happy with the changes. If you object to the changes and cancel your subscription within the 21 day notice period the changes won’t apply to you for the remainder of your usage month/period.
 
If a change to these Terms of Use needs to be made more quickly for security, legal or regulatory reasons we’ll let you know as soon as we can.
 
The most up to date version of the Terms of Use will always be available via the SCS website and when we notify you that the Terms of Use are changing we recommend you print the latest version for your records.
 

LIABILITY
 
By signing up to use SCS, and using any part of the services and content, you agree that you will be responsible for your actions and omissions, and for the actions and omissions of your Additional Users. The services may present links to third party websites, ads or offers not owned or controlled by us – we’re not responsible for these sites, ads or offers.
 
To the full extent permitted by law, we and our associated companies and agents exclude responsibility and all liabilities arising from:
 
a. any use of SCS which isn’t authorised by us,
b. ending, suspending or restricting the services or content or any part of the services or content in accordance with these Terms of Use,
c. any delay, failure, act or default in relation to the provision of the services and the content,
d. errors, viruses or bugs present in or arising from your use of the service
e. incompatibility of the service or content with any other software or hardware (including compatible registered devices), and
f. any act or default of any third party.
 
Save that nothing in these Terms of Use will in any way limit or exclude any party’s liability for (i) death or personal injury arising from negligence, or (ii) fraud, our total liability to you won’t exceed the amount you’ve paid to access the SCS services in the 12 months preceding your bringing a claim relating to the SCS services or content.
 
We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you for providing digital content that is not of satisfactory quality or fit for purpose or that does not match its description. This clause shall not affect any such liability that we have to you.
 
If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.
 
Any part of these Terms of Use found to be unenforceable will be treated as deleted and the remainder of the Terms of Use will continue to govern the relationship between us and you.
 
English law governs your use of SCS, these Terms of Use and any dispute arising out of them, unless you live in Scotland in which case Scottish law will govern these matters. Any dispute under these Terms of Use can be dealt with by any UK court that can lawfully deal with the case, unless you live in Scotland in which case you can choose to bring a dispute before the courts in your country or in the UK courts instead.
 
The agreement between us and you is personal to you and no third party is entitled to benefit under it, except that your Additional Users can use the services in accordance with the permissions granted to them. We can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your right or obligations under these Terms of Use to anyone else.
 
STANDARDS CHECK SUCCESS COMPANY INFORMATION
 
Standards Check Success is a trading name of watch.learn.drive.com Ltd.
Registered in England 8642764 VAT Registration Number 138 6251 07
 
watch.learn.drive. WLD House, Woolaston Rd, Redditch B98 7SG
 
Please print off a copy of these Terms of Use for future reference.