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WELCOME TO ESOLEARN: 01582 410069
Welcome to ESOLEARN!
We are delighted that you have chosen ESOLEARN to help with your on-line educational or training needs. The following pages create the terms and conditions of a contract between you and us which covers: (a) your use of our website; and (b) how we make our learning program available to you.
Whilst the full terms and conditions of this contract are set out further below, we have summarised the key terms of the contract as follows. Please note that this summary does not form part of our contract and if there is any conflict then you will need to rely on the contract itself.
Summary
(a) Website use
We are licensed to use all the content on our website. Generally, the content is owned by our Partner Institutions, but we control access to it. We ask that you please respect the content.
You are not allowed to commercialise our website or the content on it (i.e. you are not allowed to make money or attract advertising to another business by using our website).
You can share our Homepage URL with others but if you only link to part of our website or copy and paste parts of it you have to acknowledge where the content comes from.
We are not responsible for the content or any viruses etc on sites that we may link to.
You are not allowed to develop, support or use software, devices or scripts to scrape the content on the website.
We comply with all relevant laws on Privacy and Data Protection. In general, this means that we will only collect or process personal information for specific and lawful purposes, we won’t collect more than we need for those purposes or keep it for longer than necessary, we’ll do our best to keep it accurate, and we’ll keep it as safe as we can. Please see our Privacy Policy for more details.
(b) Registering on our Courses
You need to be aware that our Partner Institutions may have their own terms, policies and procedures regarding your eligibility to participate in our courses. If you do not meet those criteria, you will not be permitted to register for them on our platform.
If you are given any credit or certification for a course from our Partner Institution that will be the entire responsibility of our Partner Institution and you should contact them if you experience any issues with obtaining your certificate. If you have paid for am ESOLEARN certificate and experience any concerns accessing the certificate, contact info@ESOLCOLLEGE.com.
You may only use the content on our platform for your own personal or business learning and you are not allowed to adapt it or distribute any of it to anybody else.
You may be able to post your own content on our site. We don’t make any claim to ownership of that content, but you do give us a licence to use, display, exploit and sublicense it for any purposes associated with the provision of the website or the course. You are responsible for making sure the content of what you post does not infringe the copyright or other rights of third parties and you may be liable to them and to us for any loss or damage that they or we suffer for content you publish which infringes the rights of others.
The content we provide on our platform is owned by us or by our Partner Institutions. You have no rights over that content except as provided in the contract.
Contract
The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the ESOLEARN website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with ESOLEARN as a student (a “Learner”). These Terms should be read alongside, and are in addition to our policies, including our Privacy, Cookies and Cancellation and Refund policies (the “Policies”). Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.
Using the Website (Learner conduct)
2.1. By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.
2.2. Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
2.2.1. You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our Institutional Partners either reputationally or financially;
2.2.2. You agree not to use or access the Website or the Online Content and Courses for the purpose of contacting, harming or attempting to harm minors in any way;
2.2.3. You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under paragraph 6.11;
2.2.4. You agree not to alter or modify any part of the Website or the Online Content and Courses;
2.2.5. You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third-party web browsers such as Chrome, Firefox or Safari;
2.2.6. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses;
2.2.7. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.2.8. You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
2.2.8.1. the sale of access to the Online Content and Courses or any associated content;
2.2.8.2. the solicitation of business in the course of trade or in connection with a commercial enterprise; and
2.2.8.3. the solicitation of any Visitors or Learners of the Website with respect to their content for commercial purposes;
2.2.9. You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
2.2.10. You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
2.2.11. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
2.2.12. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
2.2.13. You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any ESOLEARN server or the network(s) connected to any ESOLEARN server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
2.2.14. You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
2.2.15. You agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
2.2.16. You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present;
2.2.17. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
2.2.18. You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies.
2.3. You agree to comply with these Terms in relation to any Learner Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.4. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.5. You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.
2.6. Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.7. You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.
2.8. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
Registration and Accounts
3.1. Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (a “Learner Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.
3.2. In setting up your Learner Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Learners get to know you and help us to tailor the services to suit you.
3.3. You undertake to us that all information provided by you in relation to your Learner Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete. It is your responsibility to keep your Account details safe.
3.4. By registering with ESOLEARN for a Learner Account, you agree (in addition to the Acceptable Use Conditions above) that you:
3.4.1. are, and will continue to be, registered for the Website only once and will not set up multiple Learner Accounts;
3.4.2. will not let anyone else use your Learner Account;
3.4.3. will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to homework assignments or exams; and
3.4.4. will notify the administrators of the relevant Online Content and Courses (the “Course Administrator”), immediately if you become aware of any other Learner cheating or breaching these Terms.
3.5. If you are disqualified for any reason under paragraph 3.4.1, 3.4.2 or 3.4.3, we may prohibit your access or revoke your access temporarily or stop your participation in the Online Content and Courses.
Licence to use
5.1. Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable, limited right and licence:
5.1.1. to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
5.1.2. to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
5.2. You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.
5.3. Certain Partner Institutions may, at their own discretion, make available certain Online Content and Courses under a Creative Commons licence (non-commercial). Should Partner Institutions choose to do this, it will be clearly identified on the appropriate Online Content and Courses page of the Website and we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate. A full copy of the relevant Creative Commons licence will be available from a link at that point.
Your Content
6.1. Throughout your use of the Website and the Online Content and Courses, you may be able to provide content to the Website by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”).
6.2. We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Website or Online Content and Courses. Accordingly, subject to the licence granted to us and any applicable Partner Institution, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the Learner Content.
6.3. With respect to any Learner Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the Website and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of the Website and the Online Content and Courses. We reserve the right to remove any Learner Content without notice at any time and for any reason.
6.4. To the extent that you provide any Learner Content, you represent and warrant that:
6.4.1. you have all necessary rights, licences and/or clearances to provide such Learner Content and permit us to use and publish such Learner Content as provided in paragraphs 6.1 to 6.3 above;
6.4.2. such Learner Content is accurate and complete to the best of your knowledge and belief;
6.4.3. as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Learner Content; and
6.4.4. such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
6.5. With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6.6. The Website and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.
6.7. You agree to use communication methods available on the Website and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies and our Code of Conduct.
6.8. By using any of the communication methods available on the Website and/or the Online Content and Courses, you agree that:
6.8.1. all communication methods constitute public, and not private, means of communication between you and any other parties;
6.8.2. communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
6.8.3. most content will be reactively moderated if flagged by Learners or Visitors, but we reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication.
6.9. Additionally, through such communication methods set out in paragraph 6.8 above, we may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Partner Institutions.
6.10. You acknowledge and agree that the services set out in paragraphs 6.6 to 6.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
6.11. Any Learner Content that is published on the public discussion areas of the Website (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence (Attribution-Non Commercial-NoDerivs; BY-NC-ND). We will not make available any Learner Content related to your assignments or assessments.
Copyright Policy
9.1. It is our policy that any content included on the Website or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.
9.2. If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to copyright-infringement@ESOLEARN.com, containing at a minimum the details outlined in paragraph 9.4 below.
9.3. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
9.4. When you notify us in accordance with paragraph 9.2, your written Copyright Infringement Notice must contain the following:
9.4.1. statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
9.4.2. which country your intellectual property rights apply to;
9.4.3. the title of the content concerned and the full URL for access to that content;
9.4.4. statement explaining how the content infringes your intellectual property rights;
9.4.5. your mailing address, telephone number and email address so that we can contact you;
9.4.6. a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
9.4.7. your signature (an electronic signature is sufficient).
9.5. We will, acting in our sole discretion, terminate Learner Accounts and access to the Website and Online Content and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as we may direct).
Privacy and Security
10.1. We respect your right to privacy. Please see our Privacy Policy and Cookies Policy for full details.
ESOLEARN’s Intellectual Property Rights
12.1. We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.
12.2. Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“ESOLEARN IPR”).
12.3. If any Online Content and Courses IPR or ESOLEARN IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or ESOLEARN IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or ESOLEARN IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.
12.4. You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR and/or ESOLEARN IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.