The following Terms of Service (“General Terms of Service”) shall apply to all business relations between E-Training Solutions of Kemp House, 152-160 City Road, London, EC1V 2NX (hereinafter “E-Training Solutions”) and you the user of the website and our services.
Please read these Terms of Service carefully before using the website or services (collectively the “Platform”). These Terms of Service constitute a legal agreement between you and E-Training Solutions governing the use of our website and our services. We license use of our website and our services to you on the basis of these Terms.
- Terms and Conditions
- Users within the meaning of these Terms of Service are both learners and instructors.
- Learners within the meaning of these Terms of Service are natural persons with whom Tutors enter into business relations without them acting in the exercise of or for the purpose of a commercial or independent professional activity.
- Tutors within the meaning of these Terms of Service are natural or legal persons or persons and companies with legal capacity with whom Learners enter into business relations and who are acting in the exercise of their commercial or self-employed professional activity.
- Certain services and/or products of E-Training Solutions may be subject to separate contractual and/or registration conditions, which supplement the provisions of these Terms of Service. These shall be referred to separately in connection with the respective service/product in the product-specific terms and conditions. Insofar as these separate and special terms and conditions for individual service areas deviate from the provisions of these Terms of Service, the provisions of the special terms and conditions shall take precedence over the respective provision of these Terms of Service.
- Deviating or conflicting terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed.
- The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us.
- We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
- Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Platform on these Terms.
- Your relationship with E-Training Solutions
- E-Training Solutions merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the platform.
- E-Training Solutions does not itself become a contracting party to the contracts concluded exclusively between the users. The performance of contracts concluded with E-Training Solutions is also exclusively between the users.
- The users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, E-Training Solutions does not guarantee:
- the accuracy and completeness of the statements and declarations made in relation to the items offered,
- the items offered as such; and
- the conduct and performance of the offering third party.
- Users are required to comply with applicable laws when using the Website and Service. It is each users own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
- Users may not use addresses, contact details and e-mail addresses obtained through the use of E-Training Solutions for any purpose other than contractual and pre-contractual communication. In particular, it is forbidden to resell this data or use it to send advertising, unless the respective users have expressly consented to this in advance.
- The content published on E-Training Solutions by the respective users is generally not reviewed by E-Training Solutions and does not represent the opinion of E-Training Solutions.
- E-Training Solutions can only perform a limited review of the data provided by users. Therefore, no guarantee can be given for the accuracy of the data provided by the respective users.
- Insofar as offers and content are also to be displayed on mobile end devices, E-Training Solutions has the right to technically edit, prepare and adapt offers and content of users in such a way that they can also be displayed on mobile end devices or software applications of third parties. The users themselves are responsible for the offer of the offers on mobile end devices.
- Scope
- E-Training Solutions operates a platform linking learners to instructors. Whether or not a service is offered and/or accepted is entirely at the discretion of the Users. E-Training Solutions has no control over this process. Services are provided by E-Training Solutions directly to users, who determine the deliverables and all other requirements.
- In order to be able to use the many services of E-Training Solutions that are not generally accessible, registration of the interested party is required. There is no legal entitlement to registration and the associated use of the services of E-Training Solutions. In particular, E-Training Solutions reserves the right to refuse the registration of the interested party without giving reasons.
- In order to use the services of E-Training Solutions, the interested party must be 18 years or older at the time of registration and parental consent is required at all times or have a valid and unambiguous parental consent. A further prerequisite is that the information provided on the occasion of the registration for the interested party carrying out the registration is true and that an account of this interested party at www.e-training-solutions.com is/was not blocked or closed.
- The contract between E-Training Solutions and the users is concluded on the basis of these terms and our Terms and Conditions, upon registration. Deviating terms and conditions of the users are not valid, unless otherwise agreed.
- These terms and our Terms and Conditions do not apply to services which are offered on the platform which are clearly to be understood as services of third parties.
- E-Training Solutions reserves the right to change these terms and our Terms and Conditions. In such a case, E-Training Solutions will inform the users of the change to these terms and our Terms and Conditions with a notice period of 4 weeks. Consent is deemed to have been given if no objection is made within 4 weeks, for example in writing.
- The users have the option to unsubscribe from the use of the service at any time and without detriment in any way, form or manner.
- Services
- The offer of E-Training Solutions contains services which are provided in connection with an internet-based online platform. At E-Training Solutions, the respective service offers can be accessed at will.
- E-Training Solutions is not a mediator or tutor, but merely offers the platform on which the placement processes can take place. The service for learners is limited to giving them the opportunity to get to know instructors.
- The service for users, is limited to giving them the opportunity to create a profile, through which other Users are encouraged to contact them, at their own initiative.
- E-Training Solutions does not guarantee that learners will find suitable instructors or that instructors will find suitable learners.
- E-Training Solutions assumes no liability for the content that instructors provide, nor the ability to fulfil the requirements for a by the instructors advertised service or also any information provided by the instructors. E-Training Solutions has no influence on the offers made by instructors.
- E-Training Solutions is entitled to check the personal details of the Users by means of suitable official documents in order to confirm the correctness of the data entered. E-Training Solutions reserves the right to delete the user’s profile in the case of false information and gross violations of these terms and our Terms and Conditions without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other wilful misrepresentation, E-Training Solutions will take appropriate action, including legal action.
- Third-party services offered via E-Training Solutions are clearly marked as such. E-Training Solutions assumes no liability for such when using such services.
- You agree that by accessing the platform, you have read, understood, and agree to be bound by all of these terms and our Terms and Conditions. If you do not agree with all of these terms and our Terms and Conditions, then you are expressly prohibited from using the platform, and you must discontinue use immediately.
- Supplemental terms and conditions or documents that may be posted on the platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and our Terms and Conditions at any time and for any reason.
- It is your responsibility to periodically review these terms and our Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the platform after the date such revised Terms are posted.
- The information provided on the platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- Accordingly, those persons who choose to access the platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or E-Training Solutions to use the platform. If you are a minor, you must have your parent or E-Training Solutions read and agree to these terms and our Terms and Conditions prior to you using the platform.
- Prices and Payment
- The prices stated for the respective services and/or products shall apply at the time the order is placed.
- The prices shown on the website or in the marketing and sales documents of E-Training Solutions are final prices and include the statutory value added tax, insofar as this is applicable to the respective service or product.
- The applicable prices are shown in the respective service or product description. The user undertakes to pay this price. Payment is due upon ordering the service or product.
- Courses are paid for in full prior to the Courses. Prices and methods of payments are published on the website, the content of which is included in these Terms by reference. Each course the user purchases entitles them to the Content within the limits specified in the course description, and within 6 (six) months after making an advanced payment.
- Payment is considered to be completed when the money is credited to E-Training Solutions’ account or a third party (Stripe), collecting fees on behalf of E-Training Solutions.
- The user is solely responsible for ensuring that the payment made is correct and abiding by any taxes applicable in their own country of residence.
- The user is solely responsible for paying for third-party services (such as services communications, Internet, etc.) required to receive E-Training Solutions services.
- Payments services of E-Training Solutions are processed by a payment service provider (Stripe) acting on the basis of an agreement with E-Training Solutions. All rights and obligations arising in relation to the payment process are directly between the payment service provider and the user.
- E-Training Solutions does not process or have access to any of the user’s personal payment or bank details provided in connection with the settlement of payments by Stripe.
- E-Training Solutions does not store the details of bank cards on their resources, including servers,
- cloud storage, etc.
- In the event of default in payment, E-Training Solutions may suspend the continuation of all current orders, irrespective of the exercise of other rights.
- Refunds
- We hope that all our learners have a great experience with your course. However, if you are not satisfied, we ask you to let us know why you are not happy and we will gladly give you a refund within 28 days of purchase as long it meets our return policy requirements.
- Where E-Training Solutions is obliged to refund your payment pursuant to these Terms of Service, E-Training Solutions aims to initiate your refund within 14 working days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
- Except to the extent otherwise required by law (including, without limitation, the UK`s Consumer Protection Regime), E-Training Solutions will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Instructor Renumeration
- When creating content available for purchase on E-Training Solutions, the Instructor will be required to select a price for content. Alternatively, the Instructor may choose to offer content for free.
- When a learner purchases content, E-Training Solutions calculates the gross amount of the sale as the amount actually received by E-Training Solutions from the learner. From this, E-Training Solutions will subtract any Transaction Taxes and a 30% service and processing fee, and any amounts paid to third parties in connection with the content to calculate the net amount of the sale.
- E-Training Solutions is not responsible for currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price and your converted revenue amount.
- E-Training Solutions and the Instructor each expressly agree and understand that they are creating an independent contractor relationship, and that the instructor shall not be considered an employee of E-Training Solutions for any purpose. The instructor is not entitled to receive or participate in any medical, retirement, vacation, paid or unpaid leave, or other benefits provided by E-Training Solutions to its employees.
- The instructor is exclusively responsible for all Social Security, self-employment, and income taxes, disability insurance, workers’ compensation insurance, any other statutory benefits otherwise required to be provided to employees, and all fees and licenses, if any, required for the performance of the services hereunder.
- User Representations
- By using the platform, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity, and you agree to comply with these terms and our Terms and Conditions;
- you are not under the age of 18;or if a minor, you have received parental permission to use the platform;
- you will not access the platform through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use the platform for any illegal or unauthorised purpose;
- your use of the platform will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform (or any portion thereof).
- No reliance on information and limitation of liability
- Commentary and other materials posted on our platform are not intended to amount to advice on which reliance should be placed; they are there for guidance purposes only.
- E-Training Solutions makes no representations, warranties or guarantees, whether express or implied, that the content on the platform is accurate, complete or up to date.
- E-Training Solutions will not be liable for any loss or damage including, without limitation, loss of profit, indirect, incidental or consequential loss, or any damages whatsoever arising from the use of, or in connection with such use or loss of use of, the platform, whether in contract or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the platform or to your downloading of any content on it, or on any platform linked to it.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
- Your account
- By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
- you have read the terms set out in these Terms and agree to be bound by and comply with them; and
- you shall ensure that all Users of your Account abide by these Terms.
- You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage, or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
- We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
- General Principles
- We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
- Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
- Our Acceptable Use Policy sets out the permitted uses and prohibited uses of our Platform. You shall ensure that all Users of your Account comply with this Acceptable Use Policy.
- Our Privacy Policy sets out our policy concerning the collection, use and disclosure of your Personal Data in compliance with the UK`s DPA/ GDPR. By using our Platform, you consent to our collection, use, and disclosure of your Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use, and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact
- Our Cookie Policy sets out our policy governing the use of cookies on our Platform, which allows us to personalise users’ experience on our Platform. Your (and any User of your Account’s) use of our Platform shall be in accordance with this Cookie Policy.
- Technical requirements and responsibility
- Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
- This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The user shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the online course.
- E-Training Solutions does not guarantee that the services offered can actually be used with the user’s computer.
- Uploading content to our Platform
- You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy and the UK`s DPA/ GDPR and any other applicable laws.
- You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
- the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
- the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
- We will only use the content uploaded by you for the purposes of providing the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable
- Contribution License
- By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
- This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
- We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform.
- You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- We have the right, in our sole and absolute discretion,
- to edit, redact, or otherwise change any Contributions;
- to re-categorise any Contributions to place them in more appropriate locations on the Platform; and
- to pre-screen or delete any Contributions at any time and for any reason, without notice.
- We have no obligation to monitor your Contributions.
- Restrictions
- Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
- save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Platform, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
- not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
- to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
- to comply with all applicable technology control or export laws and regulations; and
- not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform, or servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
- Intellectual Property Rights
- You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
- Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
- You acknowledge that you have no right to have access to our Platform in source code form.
- Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the Platform, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way, and you must not use any illustrations, photographs, sequences, or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
- You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
- If you print off, copy, or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately and, and must, at our option, return or destroy any copies of the materials you have made.
- As a user of the Platform, you agree not to:
- systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorised use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- use the Platform to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
- engage in unauthorised framing of or linking to the Platform.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Platform in order to harass, abuse, or harm another person.
- use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
- attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the Platform to you.
- delete the copyright or other proprietary rights notice from any Content.
- copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorised script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- use the Web Site in a manner inconsistent with any applicable laws or regulations.
- Acceptable Use Policy
- You may use our Platform only for lawful purposes.
- You may not use our Platform:
- in any way that breaches any applicable local or international laws or regulations;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
- not to access without authority, interfere with, damage or disrupt:
- any part of our Platform;
- any equipment or network on which our Platform is stored;
- any software used in the provision of our Platform; or
- any equipment or network or software owned or used by any third party.
- Suspension
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Platform.
- When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with this acceptable use policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
- immediate temporary or permanent cancellation of your right to use our Platform;
- immediate temporary or permanent removal of any Contribution;
- issuance of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- Submissions
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Platform Management
- We reserve the right, but not the obligation to:
- monitor the Platform for violations of these Terms of Service;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive or are in any way burdensome to our systems;
- otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
- Modifications And Interruptions
- We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time.
- We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
- We cannot guarantee the Platform will be available at all times.
- We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.
- We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform.
- Nothing in these Terms of Service will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
- Availability of the Platform
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- E-Training Solutions accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Corrections
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
- Privacy
- For the purposes of applicable data protection legislation, E-Training Solutions will process any personal data you have provided to us in accordance with our Privacy Policy available on the E-Training Solutions website or on request from E-Training Solutions.
- You agree that, if you have provided E-Training Solutions with personal data relating to a third party
- you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to E-Training Solutions and
- that you have brought to the attention of any such third party the Privacy Notice available on the E-Training Solutions’ website or otherwise provided a copy of it to the third party.
- You agree to indemnify E-Training Solutions in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
- Term and Termination
- These Terms of Service shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Platform or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Warranties
While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
- Limitation of Liability
- To the maximum extent permitted by law, E-Training Solutions accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
- Every effort has been made to ensure that these Terms of Service adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining terms and conditions.
- E-Training Solutions shall only be liable for damages in the event of intent or gross negligence. E-Training Solutions shall only be liable for the negligent breach of essential contractual obligations (cardinal obligations).
- In the event of damage caused by minor negligence, E-Training Solutions and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount shall be limited to the damage that was foreseeable and typical for the contract at the time of conclusion of the contract.
- The above exclusions of liability shall not apply in the event of injury to life, limb, or health. Statutory liability remains unaffected.
- Any exclusion or limitation of E-Training Solutions’ liability shall also apply to the personal liability of its legal representatives, employees, and other vicarious agents.
- This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms of Service and any prior versions thereof, the provisions of these Terms of Service shall prevail unless it is expressly stated otherwise.
- Electronic Communications, Transactions, And Signatures
- Visiting the Website, sending us emails, and completing online forms constitute electronic communications.
- You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
- You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website.
- You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- Previous Terms of Service
In the event of any conflict between these Terms of Service and any prior versions thereof, the provisions of these Terms of Service shall prevail unless it is expressly stated otherwise.
- Law and Jurisdiction
These Terms of Service and the relationship between you and E-Training Solutions shall be governed by and construed in accordance with the Law of England and Wales and E-Training Solutions and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
