User Terms and Conditions
1 / INTRODUCTION
The Education Portal software and platform is provided to this organization with the mission of connecting professionals from around the world with a quality education resource specifically targeted at your individual profession, specialty or special interests. To achieve our Mission, we make services available through our websites, and mobile applications.
1.2 Scope and Intent
2 / YOUR OBLIGATIONS
2.1 Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information accurate and updated.
2.2 Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an account, (3) will only maintain one account at any given time; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights, including intellectual property rights such as copyright or trademark rights; (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Services and (7) You will not use services such as, but not excluded to, Virtual Private Networks to mask your geographical location or enter false geographic information in your Profile.
2.3 Sign-In Credentials
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your account to another party; and (5) refrain from charging anyone for access to any portion of the service or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through the system.
2.5 Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.6 Notifications and Service Messages
You agree that communications may be sent to you through your account or through other means including but not limited to email, about your account or associated services. Please review your email preference settings to control what kind of messages you receive. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Services may be offered through applications. Examples of Applications are iPad apps etc. Such Applications are distinct from third party Platform Applications and if you use an Application, you agree that information about you and your use of the Services, including, but not limited to, your device, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us. By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of these terms and conditions.
2.9 Website content
You understand that platforms hosts content by third parties. Websites are provided on an "as is" basis, and content is not screened or audited for validity and no representations or warranties of any kind with respect to this website or its contents are made. All such representations and warranties are disclaimed. In addition, no representations warranties are made or given about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website.
The information contained in this website may contain technical inaccuracies or typographical errors. All liability howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
No director, employee, third party or other representatives will be liable for loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Third Parties upload content under terms and conditions requiring that they are legally entitled to publish such content. No responsibility for any breaches are accepted and should dispute arise disputes they should be taken up with the third party content provider directly.
The use of content on this website is not intended to be a replacement or substitute for professional or legal advice.
3 / YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent), view information and use the Services that are provided on webpages and in accordance with this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest, including any and all copies made of the website.
4 / OUR RIGHTS AND OBLIGATIONS
4.1 Services Availability
For as long as the services are offered the service will be reviewed and updated to improve and expand the Services. As a result, we allow you to access the platforms as they may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.
4.2 Third Party Sites and Developers
Links may be provided to third party web sites ("Third Party Sites").
The responsibility for any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications lies within the terms of the third party website provider.
4.3 Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the service provider, our Users or the public.
4.4 Refund Policy
If you are not completely satisfied with the course, simply contact firstname.lastname@example.org within 7 days of receipt to request a refund.
All refunds are for the full amount paid for the course at the time of purchase only and require approval by the authoring organization.
Payments are non-refundable when the course has been completed, a certificate has been awarded or and exam has been taken. Refunds are not available for coupons not redeemed at the time of purchase.
5 / DISCLAIMER
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
Do not rely on the system, any information therein, or its continuation. We provide the platform and services on an "as is" and "as available" basis. No control or vetting of user generated content is necessarily examined for accuracy and we do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by the system or anything related to the service provided, you may close your account and terminate this agreement in accordance with section 7 ("termination") and such termination shall be your sole and exclusive remedy.
No responsibility is taken and representations or warranties are made for the delivery of any messages (such as emails, posting of answers or transmission of any other user generated content) sent through the platforms to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
No obligation has been taken to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, any liability is disclaimed for identity theft or any other misuse of your identity or information.
No guarantee that the services provided will function without interruption or errors in functioning is offered. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. All liability for damages caused by any such interruption or errors in functioning is disclaimed including all liability for any malfunctioning, impossibility of access, or poor use conditions of the site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
Any accreditation purported to apply to the content may not be relevant in your country, or may not be recognised as accredited for the purposes of CPD.
You should check beforehand on the suitability of the content for your individual needs. The WCEA will not be liable should the accreditation not be available or recognised in the country of study.
6 / LIMITATION OF LIABILITY
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
No subsidiary, affiliated company, employee, shareholder, or director shall be cumulatively liable for (a) any damages in excess of US $100, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from the system. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
6.1 Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
6.2 Not apply to any damage that may have been caused to you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
7 / TERMINATION
7.1 Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice. Your account may be terminated for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your account includes disabling your access to your account and may also bar you from any future use of any affiliated systems.
7.2 Misuse of the Services
Accounts of any user may be restricted, suspended or terminated for any abuses or misuse of the Services. Misuse of the Services includes abusing the messaging services; creating multiple or false profiles as well as sharing an account or any other behavior that is deemed by the operator or their affiliates to be contrary to its purpose.
7.3 Effect of Termination
Upon the termination of your account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections ("Your Rights") and ("Our Rights and Obligations") hereof.
8 / DISPUTE RESOLUTION
8.1 Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of England, regardless of your country of origin or where you access the Portal/s, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in England. You agree to submit to the personal jurisdiction of the courts located within England for the purpose of litigating all such claims. Notwithstanding the above, you agree that the service provider shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9 / GENERAL TERMS
Severability - If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process - Via mail or courier at: 45-47 High Street, Hemel Hempstead, Hertfordshire, England, HP1 3AF.Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Entire Agreement - You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.
Amendments to this Agreement - We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on the website or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
No informal waivers, agreements or representations - Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Affiliate shall be deemed legally binding on any of the service provider's Affiliates, unless documented in a physical writing hand signed by a duly appointed officer of the service provider.
No Injunctive Relief - In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation - You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you for any third party that assumes our rights and obligations under this Agreement.
10 / USER "DOS" and "DON'TS"
As a condition to access of the services you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:
10.1 Do undertake the following:
a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
b) Provide accurate information to us and update it as necessary;
d) Review and comply with notices sent concerning the Services; and
e) Use the Services in a professional manner.
f) Inform us if you do not see any completed courses in the CPE monitor within a week (pharmacy professionals only). This is due to the 60 day submission window.
10.2 Don't undertake the following:
a) Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the system;
b) Publish inaccurate information
c) Create a user profile for anyone other than a natural person;
d) Harass, abuse or harm another person, including sending unwelcomed communications to others using the portal/s;
e) Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
e.1) Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
e.2) Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
e.3) Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided on the system);
e.4) Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e.5) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
e.6) Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using the system invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using the system to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission.
e.7) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the system or any User of the platforms;
e.8) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the system (excluding content posted by you) except as permitted in this Agreement.
e.9) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
e.10) Utilize or copy information, content or any data you view on and/or obtain from the system to provide any service that is competitive, with this system;
e.11) Adapt, modify or create derivative works based on the system technology underlying the Services, or other Users' content;
e.12) Rent, lease, loan, trade, sell/re-sell access to the system or any information therein, or the equivalent, in whole or part;
e.13) Remove any copyright, trademark or other proprietary rights notices contained in or on the system;
e.14) Remove, cover or otherwise obscure any form of advertisement;
e.15) Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the system except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
e.16) Share information of non-Users without their express consent;
e.17) Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages or other services contained in the site;
e.18) Use bots or other automated methods to access the system, add or download contacts, send or redirect messages, or perform other activities through the system unless explicitly permitted;
e.19) Access, via automated or manual means or processes, the system for purposes of monitoring the system's availability, performance or functionality for any competitive purpose;
e.20) Attempt to or actually access the software by any means other than through the interfaces provided (our API).
e.21) Attempt to or actually override any security component of the system;
e.22) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the system including, but not limited to, sending unsolicited communications to other Users or employees, attempting to gain unauthorized access to the system, or transmitting or activating computer viruses through or on the system;
e.24) Interfere with or disrupt the Services, including, but not limited to, any servers or networks connected the system, in particular, the system's search algorithms.