a. Helmsman Services Ltd. trading as helmsman e-Learning and e-Learning for Construction (referred to hereinafter as “e-LforC”) will provide you with access to various health and safety and related e-learning modules via platforms operated by third parties (“the Sites”).
b. The content service, the video player and any other features, tools, applications, materials, or other services offered from time to time by e-LforC on the Sites (collectively called “the Services”).
c. e-LforC will provide you with access to the Sites for your organisation’s training purposes. To use the Sites, you hereby agree to be bound by the Terms and Conditions set forth hereafter (“Ts&Cs”) and any imposed by the third parties for the Sites. These Ts&Cs apply whenever you access the Sites regardless of how you access them. Each time that you, or your employees access the Sites you are agreeing to these Ts&Cs and you acknowledge that you will make all or any of your employees who access the Sites aware of these Tc&Cs.
d. Please take a moment carefully to read through this document. It is our goal to provide you with a first class user experience and should you have any questions or comments about these Ts&Cs or the use of the Sites, please contact us on 01206 363710 or via firstname.lastname@example.org.
2. USE OF THE SITES
a. e-forC are not the owners and operators of the Sites but are resellers.
b. The Sites contain training sessions that can be accessed by you (“the content”) upon payment having been received by e-LforC and there being no breaches of these Ts&Cs.
c. Where applicable and requested, a Learning Management System will be set up for you by e-LforC at no extra cost to your organisation.
d. Users of the Sites (“users”) agree to be bound by these Ts&Cs which may be subject to change at e-LforC’s sole discretion. Your use of and access to the Sites indicates your acceptance of these Ts&Cs, or any modified version, as they exist at that time. However, such change shall be effective upon posting the new Ts&Cs on the Helmsman Services and the e-LforC websites and using the Sites after the new Ts&Cs are posted will be deemed to evidence of your agreement to such change.
3. ACCESS TO YOUR SESSIONS
a. Upon your organisation’s purchase of sessions (“credits”) for training your employees, e-LforC grant you a limited licence to view the content of the Sites and to use the Services for training purposes, as set forth in these Ts&Cs.
b. Courses will only be released after full payment has been received by e-LforC.
c. The payment(s) that you have made, or will make, is/are to purchase a prescribed number of credits which are each equivalent to registering one person to use one training course.
e. Once purchased, there is no time limit on the use of the credits.
4. USE OF THE SITE
a. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content on the Sites.
b. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the content is strictly prohibited unless it is expressly permitted in writing by e-LforC.
c. The content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that are derived from or in any way based on the content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted in writing by e-LforC .
d. You may not incorporate the content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
e. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player.
f. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.
g. Embedding a video or any content using the Video Player or by any other means is prohibited. You may not embed videos or content using the Video Player or by any other means, on any website or other location or in any hardware or software application that contains or hosts content without the express written permission e-LforC.
5. OWNERSHIP OF COPYRIGHT
a. All intellectual property in relation to content on the Sites belongs to the platform owners or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on the Sites is protected by International Copyright and other intellectual property law. You may not do anything which interferes with or breaches these laws or the intellectual property rights in the content.
c. The UKATA and e-LforC logos and any other logos on the sites or the Helmsman Services or e-Learning for Construction websites are registered trademarks of the relative organisations. Other trademarks may be displayed on the Sites from time to time but these may belong to third parties and nothing displayed on the Sites should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Sites, without the express written permission of the relevant owner.
6. USERS’ RESPONSIBILITIES
a. You and anyone authorised to use the Services must use them for lawful and appropriate purposes only.
b. You and anyone authorised to use the Services agree not to use the Services in a way that:-
i. violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
ii. uses technology or other means to access the content or the Sites that is not authorised by e-LforC (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorised download, stream capture, linking, reproduction, distribution of the content or Services or any of the matters set out in clause 4 above);
iii. involves accessing the Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of and solely to the extent necessary for, creating publicly available search indices but not caches or archives, of the Services and excluding those search engines that host, promote, or link primarily to infringing or unauthorised content);
iv. attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment in connection with the provision of the Services;
attempts to damage, disable, overburden, impair, or gain unauthorised access to the Services or-LforC’s servers, computer network, or user accounts;
v. attempts to remove, modify, disable, or otherwise impair any advertising in connection with the Services;
vii. encourages conduct that would constitute a criminal offence or give rise to civil liability;
violates these Ts&Cs or any guidelines or policies posted by the platform owners or e-LforC;
viii. interferes with any other party’s use of the Services.
a. eLforC may change, suspend, or discontinue, either temporarily or permanently, some or all of the Services with respect to any or all users, at any time without notice. You acknowledge that the platform owners or e-LforC may do so in its or their sole discretion and if carried out by the platform owners, e-LforC will have no discretion upon this matter. You also agree that the platform owners and/or e-LforC will not be liable to you for any damages that may arise from the modification, suspension, or discontinuance of any of the titles contained on the Sites or the Services.
b. e-LforC will suspend or discontinue your rights to access the Services should any sums due to it be outstanding for more than 7 days (and any unused sessions will not be able to be used until full payment is received)
c. e-LforC will immediately terminate your account, or your use of the Services without notice or liability, if we determine (in our sole discretion) that you have breached these Ts&Cs, violated any law, rule, or regulation or engaged in other inappropriate conduct.
a. Access to the Sites and use of the Services is dependent on you pre-paying for credits and no access to the Sites will be given (unless otherwise agreed) until the credits have been paid for.
b. e-LforC reserves the right to charge interest at 5% above the Bank of England Base rate from time to time on any sums that are unpaid within 28 days of an invoice being raised.
c. You are responsible for all costs that you incur to access the internet in order to use the Services.
d. There are no refunds for cancellation of the Services. Unused sessions will not be able to be exchanged for refunds or any other cash settlement. If you decide not to use them, then the sessions will cease to be of any value.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
a. Whilst e-LforC will do its best to ensure the optimal performance of the Services, you agree that use of the Services is undertaken via the platform owners and not e-LforC, who will have no obligation to provide the Services.
b. The Services, including the Sites, the content, the Video Player, and any other materials contained on, or provided through, the Sites, are provided “as is” and, to the fullest extent permitted by Law, are provided without warranties of any nature and without limit to the foregoing, e-LforC does not make any warranties as to fitness for a particular purpose, or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable.
c. e-LforC makes no warranty as to the outcomes of any person using the Services, particularly as to the level of learning gained (or not gained) by that person.
d. In no event shall e-LforC, the platform owners or their affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the Services (including any information, products, or services advertised in, obtained on, or provided through the Site), whether based in contract, tort, strict liability, or other theory.
e. You hereby agree to defend, indemnify, and hold harmless the platform owners and/or e-LforC from and against any and all liabilities, claims, damages, expenses (including legal fees and costs), and other losses arising out of or in any way related to your breach, or alleged breach of these Tc&Cs or your use of the Services.
10. GDPR & DATA PROTECTION
a. We will hold the contact details of the person(s) in your organisation who deal with e-learning for such reasonable time as you are believed to be interested in our products.
b. Where e-LfC administers the assignment of any training, we will hold personal information limited to the name and e-mail address of your employees who wish to use the Services, for the express purpose of providing them with the Services. We will not pass their details on to any third party except to the platform owners and will retain these details for such period as shall be reasonable in all of the circumstances.
c. We will not use the e-mail addresses to communicate with the person save for messages generated directly by the system regarding his or her use of the Services.
d. You confirm that, by agreeing to these Ts&Cs that you have the authority of your employee to pass on their details to us.
11. UKATA APPROVED COURSES
a. Courses that are approved by UKATA are sold under license from Asbestos Training Limited who is the UKATA approved Professional Member 111AB and we are not a UKATA Professional Member for this classification of UKATA Asbestos Awareness training.
b. Insofar as the Tc&Cs above apply, they shall apply to those courses.
c. UKATA control the provision of the courses and e-LforC will supply them outside of the Sites and no LMS will be available.
d. The use of the UKATA name and logo is strictly controlled and use of them shall be only with the direct permission of UKATA.
12. GENERAL INFORMATION
a. These Ts&Cs shall be governed by and interpreted in accordance with the laws of England & Wales.
b. If you become aware of any party violating these Tc&Cs you must inform e-LforC . How they or the platform owners respond to a party that is violating these Ts&Cs will be determined after carefully analysing all of the facts and circumstances of a particular case.
d. These Ts&Cs may not be amended or varied except in a writing signed by e-LforC .
e. These Ts&Cs operate to the fullest extent permissible by Law but if any provision is held to be unlawful, void, or unenforceable, that provision will be deemed severable from the remaining Ts&Cs and will not affect the validity and enforceability of any remaining provisions.
© 2020 Helmsman services Ltd