- THE SERVICES AND PRODUCTS
- The Services give You access to Our training, books and other materials through the use of this website.
- The Services are provided to You “AS IS” and We do not warrant that use of the Services will be uninterrupted or error-free.
- Unless specified otherwise in a separate written contract between You and Us, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law as regards Our website and Our Services are, to the fullest extent permitted by Applicable Law, excluded.
- You have sole responsibility for the outcome and for conclusions drawn from the use of Services. We shall have no liability for any damage caused by errors or omissions in any information and/or instructions given by You in connection with Services.
- We shall not be responsible for any delay or delivery failure (whether resulting from the transfer of data over communications networks and facilities, including, without limitation, the internet or otherwise) and You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications networks and facilities.
- YOUR OBLIGATIONS
- shall comply with all Applicable Law and Regulatory Requirements with respect to Your use of the Services;
- shall be solely responsible for procuring and maintaining the network connections and telecommunications links between Your Environment and Our website, and for resolving all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or those caused by the internet; and
- shall keep a secure password for use of the Services and ensure that the password is kept confidential and changed no less frequently than would apply under Your own IT security policies and standards.
- shall not permit any unauthorised access to or use of the Services and, in the event of any such unauthorised access or use, You shall notify Us promptly;
- licence, sell, rent, lease, copy, reproduce, modify, duplicate, disclose, distribute, re-publish, download, display, post, transmit, transfer, assign, host, outsource, create derivative works from, frame, mirror or otherwise commercially exploit or make all or any part of Services, in any form or media or by any means, available to any third party;
- access Services in order to build a similar or competitive product or service;
- access, store, distribute or transmit any Viruses or material during Your use of the Services:
- which is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- which facilitates illegal activity;
- which depicts sexually explicit images;
- which promotes unlawful violence;
- which is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- in a manner that is otherwise illegal or causes damage or injury to any person or property;
- not attempt to reverse compile, disassemble or reverse engineer all or any part of Our website;
- not use the Services to provide services to or for the benefit of third parties; and/or
- not attempt to obtain, or assist third parties in obtaining or attempting to obtain, access to the Services;
- YOU DATA
- You shall own all right, title and interest in and to all of Your Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data
- You acknowledge and understand that We are not responsible for any Your Data which is lost, altered, intercepted or stored without authorisation during its transmission across networks not owned and/or operated by Us.
- DATA PROTECTION
- Neither Party intends that We will access or Process any Your Personal Data other than as You freely provide to Us in the Use of the website and or purchase of the Services.
- To the extent that We are required to Process any Your Personal Data to provide the Services:
- You shall be the Data Controller and shall ensure that You are entitled to transfer Your Personal Data to Us so that We may lawfully use, Process and or transfer it on Your behalf; and
- We shall be the Data Processor and shall:
- process Your Personal Data in compliance with Data Protection Laws.
- PROPRIETARY RIGHTS
- You acknowledge and agree that:
- unauthorised use, resale or commercial exploitation of any part of Services in any way is expressly prohibited;
- We (and/or Third Party Technology Providers) shall own all right, title and interest in and to all Intellectual Property Rights in Our software, the Services and/or any Third Party Products (and any suggestions, enhancements requests, feedback, or recommendations provided by You relating to Our software, Services and/or any Third Party Products); and
- You acknowledge and agree that:
- Each Party (Receiving Party) shall maintain the confidentiality of the other Party’s (Disclosing Party) Confidential Information.
- Confidential Information shall not be deemed to include information that:
- is already in the lawful possession of the Receiving Party and not subject to any agreement of confidence between the Parties;
- is lawfully disclosed to the Receiving Party by a third party without any restriction known to the Receiving Party, after reasonable inquiry, for the benefit of the Disclosing Party;
- can be proved to have been independently developed by the Receiving Party;
- has been disclosed under written approval given by the Disclosing Party to the Receiving Party; or
- is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative or governmental body, provided that (where it is permitted by law to do so) the Receiving Party gives the Disclosing Party written notice of such requested disclosure as soon as is reasonably practicable.
- Subject to the other provisions of this Clause 6, neither Party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
- Your Data and Your Personal Data are Your Confidential Information.
- MODIFICATION / DISCONTINUATION / REVIEW
- We reserve the right at any time to amend, modify or upgrade this website and /or the Services (or any part or parts thereof) either temporarily or permanently, provided that such modification does not materially diminish the functionality of Services purchased by You.
- LIMITATION OF LIABILITY
- Subject to Clause 8.2:
- We shall have no liability to You in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated provision of the Services to You.
- You shall defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with Your misuse of Services, provided that You are given reasonably prompt notice of any such claim; We provide You with reasonable co-operation, at Your expense, in the defence and settlement of such claim; and that You are given sole authority to defend or settle the claim.
- Clause 5.2, Clause 8 and this Clause 9 state Your sole and exclusive rights and remedies, and Our (including Our employees’, agents’ and sub-contractors’) entire obligations and liability for infringement of any patent, copyright, trademark, database right or right of confidentiality.
- GOVERNING LAW AND JURISDICTION
- DEFINITIONS AND RULES OF INTERPRETATION
- The following capitalised words and phrases shall have the following meanings:
|WORD OR PHRASE||DEFINITION|
|Your Data||means all Personal Data, data, files (including hypertext mark-up language files) documents, audio and visual information, graphics, scripts, programs, applets or servlets that You provides, creates, installs, uploads or transfers in or through Services in the course of Your use of Services.|
|Data Controller||shall have the meaning given to it by the GDPR.|
|Data Processor||shall have the meaning given to it by the GDPR.|
|Data Protection Laws||means all Applicable Law and Regulatory Requirements relating to the Processing of Personal Data and/or privacy in any relevant jurisdiction, including the GDPR.|
|Environment||means hardware, software and networks integrated into a single computing system.|
|Force Majeure Event||means any act, event, omission or accident which is beyond either Party’s reasonable control including, without limitation, strikes, lockouts or other industrial disputes (whether involving the workforce of the Party seeking to rely on the provision or any other party) health crises, pandemics and/or the ongoing impact of Coronavirus Disease (COVID-19), including but not limited to any related governmental measures, act of God, war, riot, civil commotion, terrorist act, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.|
|GDPR||means the European Union General Data Protection Regulation (GDPR) (2016/679/EC), including all implementing laws and regulations made thereunder, and any amendment or re-enactment thereof.|
|Intellectual Property Rights||means all vested, contingent and future intellectual property rights including but not limited to copyright, trademarks, trade names, patents, service marks, design rights (whether registered or unregistered) know-how, trade secrets, inventions, get up, database rights, and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future.|
|Services||means the provision by Us of Our training, books and other materials through the use of this website.|
|Process. Processed. Processing.||shall have the meanings given to them by the GDPR.|
|Regulatory Requirements||means all applicable statutory and other acts, regulations, rules, instruments and provisions in force from time to time and any rules, codes of conduct, codes of practice, practice requirements and accreditation terms stipulated by any regulation authority to which either You or WE are subject to from time to time.|
|Third Party Products||means products provided by Third Party Providers, including operating system and application software with which the WE website interfaces and which provides certain functionality essential to the operation of the WE website. Third Party Products are licensed to WE for use via WE Environment as part of Services.|
|Virus||means a program which can covertly transmit itself between computers via networks (especially the Internet) or removable storage such as CDs, USB drives, floppy disks, etc., often causing damage to systems and data.|