Terms and Conditions

Terms and Conditions

1. General Terms and Conditions

Access to and use of this website is provided by Blue Stream Academy Ltd. subject to the following terms and conditions:

1.1 Use of this website constitutes your acceptance of these terms and conditions which take effect at the time you first login.

1.2 If you do not accept these terms and conditions you must not use this website. Blue Stream Academy Ltd. reserves the right to change these terms and conditions at any time by posting changes online. It is your responsibility to refer to these terms and conditions on accessing this website.

1.3 Continued use of this website after such changes to the terms and conditions constitutes acceptance of those posted changes.

1.4 You agree to use the website only for lawful purposes. You may not use the website or any part of it for commercial purposes.

1.5 You must only use the website in a way that does not infringe the rights of, restrict or inhibit anyone else’s use. Prohibited behaviour includes, but is not limited to harassing/causing distress or inconvenience to any person, transmitting obscene or offensive content.

1.6 Blue Stream Academy Ltd. reserves the right to make this website unavailable at any time or to restrict access to parts or all of the website without notice.

1.7 The contents on this website are provided ‘as is’; Blue Stream Academy Ltd. makes no warranties or representations, whatsoever, express or implied, in connection with the contents of this website, your use of this website, or your use or the contents of any website linked to this website. Without limiting the foregoing, Blue Stream Academy Ltd. makes no representation regarding the accuracy or completeness of the contents on this website. The foregoing exclusions may not apply to you to the extent that applicable law prohibits the exclusion of implied warranties.

1.8 You acknowledge that all intellectual property rights, including any trademarks or copyright in the content of this website, are owned by Blue Stream Academy Ltd. or its third-party suppliers. Nothing contained herein shall be construed as granting any licence or right to use any of the intellectual property of Blue Stream Academy Ltd. except as otherwise provided on this website.

1.9 Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial use or in accordance with Blue Stream Academy Ltd.’s Copyright Notice which can be read below.

1.10 You agree to use this website only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of or enjoyment of this website by any third party.

1.11 If you choose to Register on this site, you will be asked to enter a username and password (‘Login Details’). You are responsible for maintaining the confidentiality of these Login Details and must not allow anyone else to use them. You must immediately inform Blue Stream Academy Ltd. of any unauthorised use of your Login Details.

1.12 Blue Stream Academy Ltd. reserves the right to suspend or terminate your access to this site and/or Login Details at its sole discretion and without notice.

1.13 You agree to indemnify, hold harmless and defend Blue Stream Academy Ltd. from any and all loss, damage and expense (including legal fees) incurred by Blue Stream Academy Ltd. on account of any claim or lawsuit arising out of or related to your use of this website or material posted on this website under your Login Details, whether or not authorised by you.

1.14 You accept that when you leave this website (whether knowingly or not) Blue Stream Academy Ltd. cannot be held responsible in any way for any material that you encounter thereafter and Blue Stream Academy Ltd. excludes (to the fullest extent permitted by law) any liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.

1.15 Blue Stream Academy Ltd. uses reasonable care and skill in providing the content on this website but does not represent or warrant the accuracy, timeliness, completeness or suitability of the content.

1.16 Blue Stream Academy Ltd. will not be liable for any claims, losses, including but not limited to any direct, indirect, special, economic and consequential loss or damage (including but not limited to loss of profits, loss of revenue or loss of goodwill), whether in contract, negligence or other tortious action arising out of or in connection with the use of this website.

1.17 Blue Stream Academy Ltd. allows for clients to upload documents and files to their profiles, whilst we make every effort to ensure that our IT systems are protected, we do not warrant that this website is free of viruses/bugs or that this website is compatible with all computer systems and browsers.

1.18 Whilst Blue Stream Academy Ltd. endeavours to ensure that our website is online and available at all times, we can make no guarantees as to the ‘uptime’ of the website due to maintenance and reasons beyond our control, including but not limited to – routing, server, Internet, hardware and software problems. Blue Stream Academy Ltd. host services via a third party that guarantees 99.9%+ ‘uptime’ but accept no responsibility for failure to adhere to this or for any other ‘downtime’ caused as a result of factors outside of their control.

1.19 This website includes links to other websites on the world wide web. Blue Stream Academy Ltd. makes no warranties as to the suitability or accuracy of the content of any of those websites.

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

1.21 Blue Stream Academy Ltd. accepts no liability for any downloadable software or any other product or service advertised, supplied or otherwise promoted on this website by any third party.

1.22 Blue Stream Academy Ltd. does not warrant that any of the goods or services linked to or advertised on this website comply with data protection or other relevant legislation and Blue Stream Academy Ltd. accepts no liability whatsoever for any claim arising from such goods or services, except where specified.

1.23 Blue Stream Academy Ltd. is happy to accept comments, case studies or other submissions from its users. Blue Stream Academy Ltd. is under no obligation to publish any such material, such material shall be considered to be the property of Blue Stream Academy Ltd. who may dispose of such material at its discretion.

1.24 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 they 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 deleted and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.

1.25 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.

1.26 If you breach these Terms and Conditions and Blue Stream Academy Ltd. 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.

1.27 Blue Stream Academy Ltd. shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.

1.28 These terms and conditions are governed by and will be interpreted in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.

2. Liability and Contractual Obligations

2.1 No other statements in the training materials, on the website or email correspondence may be taken to imply any contractual obligation by Blue Stream Academy Ltd.

2.2 Any liability will be limited to the payment of the activation fee paid, except in the event of personal injury or death at an event organised by Blue Stream Academy Ltd.

2.3 Information, whether on the web or in any other form, is provided for the use of clients and others at their own discretion. No liability will be accepted for the accuracy of any information or the consequences of its use by clients or others.

2.4 Blue Stream Academy Ltd. is a company registered in England, Company No. 08021406. The administration address is Suite 11 – Riverside Business Centre, Foundry Lane, Milford, Derbyshire DE56 0RN.

2.5 Blue Stream Academy Ltd. reserves the right to terminate any enrolment if it suspects that any part of these terms and conditions have been broken.

3. End User Licence Agreement (EULA)

3.1 As a client of Blue Stream Academy Ltd., you are solely responsible for your own communications and are responsible for the consequences of them. You are also solely responsible for maintaining the confidentiality of your username, password and email address and all activities that are conducted through your account.

3.2 Clients will normally be provided with a username and password to access non-public parts of the website. You must not share your username and/or password with anyone else.

3.3 In consideration of being allowed to use the materials (including the website) provided by Blue Stream Academy Ltd., you agree that you will abide by these terms and conditions and in general will not:

  • Harass any other client or employee.
  • Use the website for any purpose in violation of local or national laws of any country.
  • Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
  • Post material that is abusive, defamatory, embarrassing, harassing, hateful, inflammatory, obscene or threatening to any other client or employee.
  • Post sexually explicit language or images.
  • Post advertisements or solicitations of business.
  • Post chain letters or pyramid schemes.
  • Impersonate another client or employee.
  • Express or imply that the Blue Stream Academy Ltd., its website or its owners endorses any statements you make, without our specific written consent.
  • Collect or store personal information about other clients without their personal consent.
  • Conduct any other activity that we consider is detrimental to the running of the Blue Stream Academy Ltd. or to other clients.
  • Plagiarise the work of others or in any way try to pass yourself off as competent by means of deception.

3.4 Any correspondence, whether on the web site or not, written in any language other than English may be edited or deleted.

3.5 Any conduct that in our opinion restricts or inhibits the use of the website by any other client will not be tolerated. We reserve the right to pursue any and all legal and equitable remedies against you, including the posting of your address and the reporting of your activity to your Internet Service Provider (ISP), and other authorities.

3.6 Any material in any correspondence that we determine to be contrary to our Terms and Conditions and/or unsuitable for our website will be edited or deleted.

3.7 Our decision on these matters is final.

4. Copyright Notice

4.1 This website is owned by Blue Stream Academy Ltd.

4.2 The copyright includes all content provided on this website including all text, graphics, code, products, software, audio, music and design is owned by Blue Stream Academy Ltd. except where otherwise indicated.

4.3 The use of all content and course materials is subject to the Terms and Conditions to be found above.

4.4 The Blue Stream Academy Ltd. logo and domain name are the property of Blue Stream Academy Ltd. You agree not to copy, reproduce, upload, post, display or use in any way these marks without prior written permission of Blue Stream Academy Ltd.

4.5 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

4.6 You are granted a limited personal non-exclusive licence to use Blue Stream Academy Ltd.’s materials for personal non-commercial home, work or learning venue use. As such, you may make copies of this website as necessary incidental acts during your viewing of it, and you may print for your personal use so much of this website as is reasonable for private purposes.

4.7 Save as expressly set out in this Copyright Notice and in the aforementioned Terms and Conditions, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of Blue Stream Academy Ltd.’s materials. Any use of Blue Stream Academy Ltd.’s materials not expressly permitted in this Copyright Notice is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Blue Stream Academy Ltd.

4.8 You agree not to delete, change or modify in any way this Copyright Notice on this website.

5. Privacy Policy

5.1 This Privacy Policy sets out how Blue Stream Academy Ltd. uses and protects any information that you give Blue Stream Academy Ltd. when you use this website. It aims to establish the privacy practices of Blue Stream Academy Ltd. with the objective of building customer confidence in the integrity of the service we provide.

5.2 Blue Stream Academy Ltd. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

5.3 If you believe Blue Stream Academy Ltd. is not abiding by the terms and conditions of this statement, you should contact us by e-mail at: info@bluestreamacademy.com or by using the ‘Contact Us‘ facility on our website.

5.4 We may collect the following information:

  • Name, job title and organisation.
  • Contact information including email address.
  • Demographic information such as postcode, preferences and interests.
  • Other information relevant to customer surveys and/or offers.

5.5 We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • To validate authorised use and to enable aggregated reporting.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

5.6 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

5.7 Blue Stream Academy Ltd. reserves the right use cookies (i.e. pieces of data stored on a customer’s hard drive which collate information about the customer’s specific usage of a website).

5.8 Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

5.9 We or our partners may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

5.10 You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to Blue Stream Academy Ltd., Suites 11 and 12 – Riverside Business Centre, Milford, Derbyshire, DE56 0RN.

5.11 If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

5.12 Should Blue Stream Academy Ltd. amend or otherwise alter this policy, we will post any and all changes on the website. You are always welcome to read the then-current policy to become familiar with the Information we collect, how we use it, and under what circumstances, if any, we might disclose it.

6. Data Protection Policy

6.1 Blue Stream Academy Ltd. needs to collect and use information about the Data Subjects who we come into contact with in order to carry out our work. This information must be collected and dealt with appropriately – whether on paper, electronically, or recorded on other material – and there are safeguards to ensure this under the Data Protection Act 1998.

6.2 Blue Stream Academy Ltd. is the Data Controller under the Act, and will determine what purposes the information held will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.

6.3 Blue Stream Academy Ltd. is unlikely to share data with other organisations, but in circumstances where this is required, the Data Subject will be made aware how and with whom their information will be shared.

There are circumstances where the law allows Blue Stream Academy Ltd. to disclose data without the data subject’s consent; these are:

  1. Carrying out a legal duty as authorised by an appropriate legal officer.
  2. The Data Subject has already made the information public.
  3. Conducting any legal proceedings, obtaining legal advice or defending any legal rights.

6.4 Blue Stream Academy Ltd. places great importance on the correct treatment of personal information as a key element in the success of our working relationships, and in maintaining the confidence of those with whom we deal. Blue Stream Academy Ltd. intends to ensure that personal information is treated lawfully and correctly.

To this end Blue Stream Academy Ltd. will adhere to the Principles of the Data Protection Act 1998.

Specifically, the Principles require that personal information:

  • Shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met.
  • Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes.
  • Shall be adequate, relevant and not excessive in relation to those purpose(s).
  • Shall be accurate and, where necessary, kept up to date.
  • Shall not be kept for longer than is necessary.
  • Shall be processed in accordance with the rights of data subjects under the Act.
  • Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information.
  • Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal information.

6.5 Blue Stream Academy Ltd. will, through appropriate management, strict application of criteria and controls:

  • Observe fully conditions regarding the fair collection and use of information.
  • Meet its legal obligations to specify the purposes for which information is used.
  • Collect and process appropriate information, and only to the extent that it is needed to fulfil its operational needs or to comply with any legal requirements.
  • Ensure the quality of information used.
  • Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
  • The right to be informed that processing is being undertaken.
  • The right of access to one’s personal information.
  • The right to prevent processing in certain circumstances.
  • The right to correct, rectify, block or erase information which is regarded as wrong information.
  • The right to data portability.
  • The right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); direct marketing (including profiling); and processing for purposes of scientific/historical research and statistics.
  • Take appropriate technical and organisational security measures to safeguard personal information.
  • Ensure that personal information is not transferred abroad without suitable safeguards.
  • Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information.
  • Set out clear procedures for responding to requests for information.

6.6 Informed consent is when:

A Data Subject clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data and then gives their consent.

Blue Stream Academy Ltd. will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.

6.7 When collecting data, Blue Stream Academy Ltd. will ensure that the Data Subject:

  • Clearly understands why the information is needed.
  • Understands what it will be used for and what the consequences are should the Data Subject decide not to give consent to processing.
  • As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed.
  • Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress.
  • Has received sufficient information on why their data is needed and how it will be used.

6.8 Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.

6.9 Information will be stored for only as long as it is needed or required by statute and will be disposed of appropriately.

6.10 It is Blue Stream Academy Ltd’s responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation which has been passed on/sold to a third party.

6.11 All Data Subjects have the right to access the information Blue Stream Academy Ltd. holds about them. Blue Stream Academy Ltd. will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.

In addition, Blue Stream Academy Ltd. will ensure that:

  1. It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection.
  2. Everyone processing personal information understands that they are contractually responsible for following good data protection practice.
  3. Everyone processing personal information is appropriately trained to do so.
  4. Everyone processing personal information is appropriately supervised.
  5. Anybody wanting to make enquiries about handling personal information knows what to do.
  6. It deals promptly and courteously with any enquiries about handling personal information.
  7. It describes clearly how it handles personal information.
  8. It will regularly review and audit the ways it holds, manages and uses personal information
  9. It regularly assesses and evaluates its methods and performance in relation to handling personal information.
  10. All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them.

6.12 This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.

6.13 In case of any queries or questions in relation to this policy please contact the Blue Stream Academy Ltd. Data Protection Officer.

6.14 The following is a list of definitions of the technical terms Blue Stream Academy Ltd. have used is intended to aid understanding of this policy:

Data Controller – The person who (either alone or with others) decides what personal information Blue Stream Academy Ltd. will hold and how it will be held or used.

Data Protection Act 1998 – The UK legislation that provides a framework for responsible behaviour by those using personal information.

Data Protection Officer – The person responsible for ensuring that it follows its data protection policy and complies with the Data Protection Act 1998 is Ross Cowlishaw, Managing Director.

Data Subject/Service User – The individual whose personal information is being held or processed by a Blue Stream Academy Ltd. (for example: a client, an employee).

‘Explicit’ consent – is a freely given, specific and informed agreement by a Data Subject (see definition) to the processing* of personal information* about her/him. Explicit consent is needed for processing sensitive* data.

* See definition

Notification – Notifying the Information Commissioner about the data processing activities of Blue Stream Academy Ltd. as certain activities may be exempt from notification.

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.

Processing – means collecting, amending, handling, storing or disclosing personal information.

Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about companies and agencies but applies to named persons or employees within Blue Stream Academy Ltd.

Sensitive data – means data about:

  • Racial or ethnic origin
  • Political opinions
  • Religious or similar beliefs
  • Trade union membership
  • Physical or mental health
  • Sexual preferences
  • Criminal record
  • Criminal proceedings relating to a data subject’s offences

7. Complaints Policy

7.1 Blue Stream Academy Ltd. is committed to providing the best service possible and as such we encourage all feedback from customers, including complaints. We recognise that on occasions, customers will feel that they have cause to complain about our products and/or the services we provide and this helps us to improve our standards.

7.2 Compliance with the Complaints Policy is the responsibility of all employees of the company who deal with customers.

7.3 All employees will be provided with the relevant training to ensure awareness is raised and that everyone has a clear understanding of customer complaints and their responsibilities.

7.4 Blue Stream Academy Ltd. aims to resolve complaints quickly, fairly and effectively and will therefore:

  • Ensure that our Customer Complaints Policy is available to all customers.
  • Make it easy and straightforward for you to make a complaint.
  • Record and acknowledge any complaint within 14 days.
  • Provide notification to senior management of any and all complaints.
  • Treat all complaints with complete confidentially.
  • Acknowledge and respond to all complaints within 7 days.
  • Endeavour to resolve all complaints within 30 days.
  • Notify senior management of all complaints.
  • Be courteous to the complainant and offer constructive solutions.
  • Inform the complainant of the progress and results of any investigation.
  • Notify the complainant of their right to appeal if they remain dissatisfied after completion of the complaints process.
  • Try to learn from each complaint to improve future performance.
  • Establish targets for responding to complaints and monitor our performance against these targets.
  • Advise of any changes that have been made to our products and/or services following your complaint.
  • Regularly review our Customer Complaints Policy.

7.5 In the event that you are dissatisfied with the services or products which Blue Stream Academy Ltd. provides, you should contact our Support Department in the first instance via the contact details below:

Blue Stream Academy Ltd.
Suites 11 and 12
Riverside Business Centre
Foundry Lane
DE56 0RN

Email: info@bluestreamacademy.com
Telephone: 01773 822549

You should make the complaint at the earliest available opportunity and provide as many details as possible, including names, place, times and dates.

We will acknowledge and respond to your complaint within 7 days and endeavour to resolve it within 30 days.

Should you be unhappy with the outcome of your complaint, you can appeal the decision to the Managing Director of Blue Stream Academy Ltd. via the contact details below:

Ross Cowlishaw
Blue Stream Academy Ltd.
Suites 11 and 12
Riverside Business Centre
Foundry Lane
DE56 0RN

Email: ross@bluestreamacademy.com
Telephone: 01773 822549

8.0 Refund Policy

No refund will be provided by Blue Stream Academy Ltd. after a purchasing a copy of our software product. Any deviation from this policy will be made at the sole discretion of Blue Stream Academy Ltd. If you have questions about this refund policy before you purchase a product, you may contact us by e-mail at: info@bluestreamacademy.com or by using the ‘Contact Us‘ facility on our website.