Terms and Conditions

Last revised on 14 November 2024

These terms and conditions of use ("Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any revisions to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
By browsing and using the Website or engaging with the Services, you are agreeing to comply with and be bound by the Terms and Conditions, which govern the relationship between you and Twinkl Limited.
Your use of the Services or this Website after any revisions have been made constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services or this Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.
You should print a copy of these Terms and Conditions for future reference and you should also regularly revisit the Terms and Conditions on the Website for the purposes of noting whether or not revisions have been made.

1 Definitions and Interpretation

In these Terms and Conditions the following terms shall have the following meanings:

“Acceptable Use Policy” means the rules outlined in clause 6;

"Account": means an account created on the Website, which is used to access the Courses and which may contain personal information, payment information and credentials;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Cookie Policy" means our cookie policy available at https://twinklpd.com/cookies; 

“Course/Courses” means the online training courses that are available for purchase on the Website;

“Order” means the order you place with us for the purchase of a Course;

“Privacy Policy" means our privacy policy available at https://twinklpd.com/privacy;

"Services": means the services made available for purchase through the Website, which may include use of the Twinkl PD platform, supply of the Courses and the provision of technical support as described from time to time;

"Website": means the website that you are currently using (www.twinklpd.com) and any sub-domains of this site including the Twinkl PD platform;

"We/us/our": means Twinkl Limited trading as ‘Twinkl PD’ of Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom, registered in England and Wales under company no. 07201458; and 
“You/your” means the user of the Website and/or the Services.

1.1 In these Terms and Conditions (unless the context otherwise requires):
(a) any reference to any statute or statutory provision shall be construed as including a reference to any modification, re-enactment or extension of such statute or statutory provision for the time being in force or to any subordinate legislation made under the same;
(b) any reference to a clause is to a clause of these terms and conditions;
(c) words in the singular include the plural and vice versa;
(d) any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
(e) unless the context requires otherwise, a reference to one gender shall include a reference to the other gender; and
(f) headings contained are for convenience only and do not form part of and shall not affect the construction of these Terms and Conditions.

2. Orders

2.1 No part of the Website constitutes a contractual offer capable of acceptance.
2.2 Your Order constitutes a contractual offer that we may, in our sole discretion, accept. Our acceptance is indicated by us sending to you an order confirmation email. Only once we have sent you an order confirmation email, will there be a binding contract for the provision of the Services.
2.3 Payment for the Services will be taken immediately upon the Order being accepted by us.

3. Pricing

3.1 All pricing information for the Services on the Website is correct at the time accessing the Website. We reserve the right to change prices and alter or remove any special offers from time to time.
3.2 In the event that any prices are changed during the period between an Order being placed for Services and us processing that Order and taking payment, the price that was valid at the time of the Order shall be used.

4. Courses

4.1 Once the Order is confirmed, the Course you have purchased will be made available to you through your Account.
4.2 The Course is made available for your personal use and should not be shared or replicated in any way.
4.3 Once you have completed the Course, you will be provided with a downloadable certificate to evidence your completion of the Course which will contain the name you used to register your Account. This certificate will only be issued once and the details on the certificate cannot be changed once the certificate is issued. 

5. Account

5.1 In order to access the Courses and the Services, you will need to register an Account and provide information about yourself. You agree to: 
(a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form contained on the Website; and
(b) maintain and promptly update the information provided about yourself (by emailing us) to keep it true, accurate, current and complete.

5.2 We shall not be liable for any loss suffered by your non-compliance with clause 5.1.
5.3 The registration processes will involve you setting a password in order to access your Account. You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under your password or Account. You agree to:
(a) immediately notify us of any unauthorised use of your password or Account and any other breach of security, and
(b) ensure that you exit from your Account at the end of each session.
5.4 Your Account is strictly for your personal use only and you may not use your Account to download and print for anyone else.
5.5 Your Account is subject to the Acceptable Use Policy outlined in clause 6.

6. Acceptable Use Policy

6.1 When using the Website, you should do so in accordance with the rules outlined in this clause. Failure to comply with these rules may result in your Account being suspended or closed.
6.2 You must not:
(a) use obscene or vulgar language;
(b) submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
(c) submit Content that is intended to promote or incite violence;
(d) upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of a third party;
(e) impersonate other people, including our employees and representatives;
(f) enter an email address into the Website that is not your own;
(g) upload, post, email or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) use the Website for unauthorised mass-communication such as "spam" or "junk mail"; and
(i) collect, store or post personal data about other users on the Website.
6.3 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages.
6.4 You acknowledge that we reserve the right to monitor any communications made using the Website and retain copies of such communications.

7. Age Restrictions

Persons under the age of 18 should not place an Order and should use only the Website under the supervision of an adult.

8. Special warning for international use

The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of England and Wales, you use the Website at your own risk.

9. Intellectual Property

9.1 The intellectual property rights in the Website, the Services and the Content, unless uploaded by you, is either owned by us or licensed to us.
9.2 You may not reproduce, modify, copy, publish, distribute, store or in any other fashion re-use the Website, the Services or the Content unless given our express written permission to do so.
9.3 You acknowledge that any downloadable content remains our property in perpetuity, but we grant to you a non-exclusive, non-transferable licence to use the certificate provided to you when you complete a Course for the sole purpose of evidencing to others that you have completed that Course.
9.4 If you provide us with any feedback about the Services or the Website, you hereby assign all intellectual property rights in that feedback to us so that we may use that feedback to improve the Services or the Website if we choose.
9.5 With respect to all Content you post on the Website, you grant to us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide. With respect to all Content you post to the Website, you hereby waive any moral rights you have in that Content.
9.6 You acknowledge that, by making use of the Website or engaging with the Services, you are agreeing to comply with this clause and that any breach thereof is likely to result in legal proceedings being issued against you.

10. Links to Other Websites

The Website may contain links to the sites of third parties which are provided for your convenience. We assume no responsibility for the content of any third party site and disclaim liability for any and all forms of loss or damage arising out of the use of any third party site. The inclusion of a link to a third party site on the Website does not imply any endorsement of that site. 

11. Provision of Services

11.1 We shall use all our reasonable endeavours to provide the Services with reasonable skill and care, in accordance with best trade practice.
11.2 Whilst every effort has been made to ensure that all general descriptions of the Services correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
11.3 Depending on how you use the Website, you may be asked to agree to the terms and conditions of the supplier of our learning management system. In these circumstances, our continued supply of the Services to you is contingent on you accepting these terms and conditions.
11.4 We endeavour to ensure the Website and Services are available at all times, however, we may from time to time need to suspend the availability of the Website or the Services for certain reasons which may include, without limitation, fixing technical issues, making improvements or where the supplier of our learning management system needs to make such changes.

12. Support

12.1 We want you to be completely satisfied with the Courses and our Services. If you need to speak to us about your Order, then please contact customer care by email at support@twinklpd.com
12.2 In the event that the Services provided are not in conformity with your Order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made.

13. Cancellations

13.1 Subject to clause 13.2, you may cancel your Order within 14 days from the date we send you an order confirmation (“cooling off period”) by contacting the customer care team by email at support@twinklpd.com. Your email must include an explicit statement that you wish to cancel your Order and specify your full name, the email address used to make the Order, and the name of the product you wish to cancel.
13.2 If you start the Course during the cooling off period, you acknowledge that you are waiving your right to cancel the Course.
13.3 Except as outlined at clause 13.1, the Courses are non-refundable and Orders cannot be cancelled.

14. Account Termination

14.1 You may terminate your account at any time. If you terminate your account, you will lose access to any purchased Courses and you will not be entitled to a refund (except as outlined in clause 13).
14.2 We may terminate your account at any time with immediate effect if you breach a provision of these Terms and Conditions. If we terminate your Account in these circumstances, any pending Orders or payments will be cancelled and refunds for purchased Courses will be granted in our absolute discretion.
14.3 If an Account has been inactive for a period of 12 months or longer, we may terminate the Account.
14.4 You agree that if our agreement with the supplier of our learning management system is terminated, this may result in your Account being terminated or moved to a new website or platform.
14.5 If we terminate your account for any reason, you will be notified by email.
14.6 We will retain your personal data and other Account information for 3 years after your Account is terminated. After the 3 years, we will delete your personal data and all information associated with your Account unless retention is required by law.

15. Privacy

15.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and our Privacy Policy.
15.2 You acknowledge and agree to be bound by the terms of our Privacy Policy and our Cookie Policy.

16. Disclaimers

16.1 We make no warranty or representation that the Services or the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Services or the Website.
16.2 No part of the Services or the Website is intended to constitute advice and should not be relied upon when making any decisions or taking any action of any kind.
16.3 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you must take responsibility for your own internet security, that of your personal data and your computers. Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content.
16.4 The Website is provided “as is” and on an “as available” basis. We will use reasonable endeavours to provide a high uptime but make no warranty that the Website or the Services will be free of defects or faults and we do not provide any kind of refund for outages.
16.5 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, learning management system downtime, communications network failure, power failure or legal restrictions and censorship.

17. Limitation of Liability

17.1 Our liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, your use of the Website or the Services shall be limited to the greater of £150 and the price paid by you for the Services during the 12 month period preceding the event giving rise to the claim.
17.2 You expressly acknowledge and agree that we are not liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if we were advised of the possibility of such damage.
17.3 Nothing in these Terms and Conditions shall affect any statutory rights that cannot be excluded by law, including liability for fraud or for death or personal injury arising from our negligence.

18. Indemnity 

18.1 You agree to indemnify, defend and hold us and our affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) in connection with or arising out of: 
(a) your breach of these Terms and Conditions;
(b) your breach of any applicable law or regulation; or
(c) your use of the Website breaching the rights of any third party.

19. Force Majeure 

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lockouts or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government;
(g) viruses and cyber attacks; or
(h) power or other failure affecting any part of the Services.
19.2 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

20. Changes to these Terms and Conditions

20.1 We reserve the right to change the Website or these Terms and Conditions at any time. Your use of the Services or this Website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by any new Terms and Conditions, do not continue to use or access the Services or the Website.
20.2 If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any Orders currently pending in addition to any Orders placed by you in the future.

21. Invalidity

In the event that any term of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. 

22. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

24. Entire agreement

These Terms and Conditions, together with our current Website prices, Privacy Policy and Cookie Policy, set out the whole of our agreement relating to the supply of the Services by us to you. 

25. Third Party Rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party that exists or is available apart from that Act.  

26. Communications

26.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to the following email address: legal+notices@twinkl.co.uk
26.2 Notices from us to you may be in writing or electronic format (to include both email and notice via the Website).

26. Law and Jurisdiction

These Terms and Conditions and our relationship shall be governed by and construed in accordance with the Law of England and Wales and the English courts shall have exclusive jurisdiction to resolve any disputes between us.