1. About these terms
These Terms & Conditions ("Terms") govern access to and use of the Yoshe TriQ™ Learning Management System (the "LMS" or "Platform") operated by Yoshe Clinical Operations Ltd (United Kingdom), Yoshe Clinical Operations LLC (United States) and Yoshe Clinical Operations Private Limited (India, c/o Workenstein Collaborativespaces Pvt Ltd, Cyber Crown, Sec-II, HUDA Techno Enclave, Madhapur, Hyderabad, Telangana 500081) (together "Yoshe", "we", "us"). By accessing the Platform, creating or using an account, or accepting these Terms when prompted, you agree to be bound by them. If you do not agree, you must not use the Platform.
Where an individual accesses the LMS under a licence held by a Sponsor Organisation, these Terms apply to that individual's use, and a separate master services agreement or licence between Yoshe and the Sponsor Organisation governs the commercial relationship. Where that agreement conflicts with these Terms, the signed agreement prevails.
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, save that we may enforce our rights in any jurisdiction where you are located. Nothing in these Terms affects the statutory rights of a consumer where they apply, or any mandatory data-protection or consumer-protection rights you have under the laws of your own country (including in the EU/EEA, the United States and India), which continue to apply regardless of this governing-law clause.
2. Definitions
- "Account" — a set of credentials granting access to the Platform in a defined role and sponsor context.
- "Content" — courses, modules, slides, assessments, certificates and other material made available through the Platform.
- "Sponsor Organisation" — an organisation that licenses the Platform to train its people.
- "User", "you" — any individual who accesses the Platform, including learners, coordinators, administrators, operations staff and auditors.
- "Regulated Records" — training records, assessment attempts, certificates, electronic signatures and audit-trail entries maintained to evidence regulated training.
3. Accounts and eligibility
- You must be at least 18 years old and use the Platform in a professional capacity. Accounts are typically created by invitation from Yoshe or a Sponsor Organisation.
- You must provide accurate information, keep your credentials confidential, enable multi-factor authentication where required, and not share your account. You are responsible for activity under your account.
- Passwords are subject to security controls, which may include periodic expiry and mandatory reset. Accounts may be temporarily locked after repeated failed sign-in attempts.
- You must notify us promptly at [email protected] if you suspect any unauthorised use of your account.
4. Acceptable use
You agree that you will not:
- complete training, assessments or electronic signatures on behalf of anyone else, or allow anyone to complete them on your behalf, or otherwise falsify a training record;
- attempt to bypass time-on-task, sequencing or assessment controls, or manipulate progress or results;
- access, or attempt to access, data belonging to another user, site or Sponsor Organisation that you are not authorised to see;
- upload unlawful, infringing, defamatory or malicious content, or introduce malware;
- probe, scan, penetration-test, reverse-engineer, decompile or disrupt the Platform except as permitted by law or with our prior written consent;
- use the Platform other than for its intended training and compliance purpose, or in breach of applicable law.
Because Regulated Records may be relied upon by regulators, the integrity of training and assessment data is treated with the utmost seriousness. Falsifying such records may have professional and legal consequences beyond suspension of your account.
5. Electronic signatures and records
- The Platform uses electronic signatures for certain regulated actions. By signing electronically you confirm that your electronic signature is the legally binding equivalent of your handwritten signature and is attributable to you.
- Each electronic signature captures your name, the date and time, and the meaning of the signing (for example, confirmation of completion), and is uniquely and permanently linked to the relevant record.
- You must not share the credentials or second factor used to apply your electronic signature.
6. Intellectual property
- The Platform, its software, design, and the Yoshe TriQ™ name and marks are owned by Yoshe or its licensors. Content may be owned by Yoshe or by a Sponsor Organisation.
- Subject to these Terms and any applicable licence, you are granted a limited, non-exclusive, non-transferable, revocable right to access the Platform and Content for your own training and compliance purposes only. All other rights are reserved.
- Certificates generated by the Platform may be used to evidence your training but must not be altered. The Platform embeds integrity checks to detect tampering.
7. Availability, changes and support
- We aim to keep the Platform available and secure but provide it, except as set out in any separate service-level agreement with a Sponsor Organisation, on an "as is" and "as available" basis without a guarantee that it will be uninterrupted or error-free.
- We may modify, suspend or withdraw features, carry out maintenance, and update Content (including to reflect protocol amendments or regulatory change), acting reasonably.
- Support is provided through the in-Platform help-desk. We may use anonymised or aggregated ticket information to improve the Platform.
8. Suspension and termination
- We may suspend or terminate your access if you breach these Terms, if required for security, if a Sponsor Organisation withdraws your access, or if instructed by a regulator or by law.
- On termination your right to use the Platform ends, but Regulated Records will be retained, pseudonymised or deleted in accordance with the Privacy Policy and applicable regulatory-retention obligations. Termination does not affect accrued rights.
9. Liability
9.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for any breach of the statutory rights of a consumer that cannot lawfully be excluded, or for any other liability that cannot be excluded or limited under applicable law.
9.2 Individual users who are consumers. If you use the Platform as an individual acting wholly or mainly outside your trade, business, craft or profession, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other consumer-protection law, and any term that would be unfair to you will not apply. This clause 9 does not seek to cap the liability we owe you as a consumer below what the law requires.
9.3 Sponsor Organisations and business users. Where the Platform is provided to a Sponsor Organisation or other business user, and subject to clause 9.1 and to any different limit agreed in a signed master agreement: (a) we are not liable for indirect or consequential loss, loss of profits, revenue, anticipated savings or goodwill, or for loss or corruption of data to the extent it results from your failure to maintain your own records; and (b) our total aggregate liability arising out of or in connection with the Platform and these Terms in any twelve (12) month period is limited to the total fees paid or payable for the Platform in the twelve (12) months preceding the event giving rise to the claim, or such other cap as is set out in the signed master agreement between Yoshe and the Sponsor Organisation. Yoshe and the Sponsor Organisation acknowledge this allocation of risk is reflected in the fees.
9.4 Because the LMS supports regulated (GxP) training, each Sponsor Organisation and user remains responsible for ensuring that the training undertaken meets their own and their organisation's regulatory obligations; Yoshe provides the Platform but does not thereby assume the user's or Sponsor Organisation's regulatory compliance duties.
10. Data protection
Our processing of personal data is described in our separate Privacy Policy, which forms part of these Terms. Where Yoshe processes personal data on behalf of a Sponsor Organisation, the applicable Data Processing Agreement governs that processing.
Depending on where you are located and how you use the Platform, our processing may be subject to the UK GDPR and Data Protection Act 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679), applicable United States federal and state privacy laws, and the Digital Personal Data Protection Act, 2023 of India together with the DPDP Rules 2025. The region-specific information in section 5 of the Privacy Policy — including our EU Article 27 representative and our India Grievance Officer — applies to the corresponding users.
11. General
- Changes to these Terms. We may update these Terms from time to time; material changes will be notified and, where required, we will ask you to re-accept. Continued use after changes take effect constitutes acceptance.
- Entire agreement. These Terms, the Privacy Policy, and any signed agreement between Yoshe and a Sponsor Organisation form the entire agreement about the Platform.
- Severance. If any provision is found unenforceable, the remaining provisions continue in force.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms; we may assign them to a group company or successor.
- Contact. Questions about these Terms can be sent to [email protected].