1. Introduction
These terms and conditions govern your use of the Neuehansa website, (“the Website”), the Neuehansa Learning Management System, (“the LMS”), and the Neuehansa Training Courses and Materials, (“the Courses”); by using the Website, the LMS and the Courses, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website, the LMS and or the Courses.
2. License to use the Website, the LMS and the Courses
Unless otherwise stated, Neuehansa and/or its licensors own the intellectual property rights in the Website, the LMS, the Courses and material on the Courses. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website, the LMS and the Courses for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from the Website, the LMS and the Courses (including republication in or as part of other Courses);
• sell, rent or sub-license material from the Website, the LMS and the Courses;
• reproduce, duplicate, copy or otherwise exploit material in the Website, the LMS and the Courses for a commercial purpose;
• edit or otherwise modify any material in the Website, the LMS and the Courses; or
• redistribute material from the Website, the LMS and the Courses [except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
3. Acceptable Use
You must not use the Website, the LMS and the Courses in any way that causes, or may cause, damage to the Website, the LMS and the Courses or impairment of the availability or accessibility of the Website, the LMS and the Courses; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website, the LMS and the Courses to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website, the LMS and the Courses without Neuehansa’s express prior written consent.
You must not use the Website, the LMS and the Courses to transmit or send unsolicited commercial communications.
You must not use the Website, the LMS and the Courses for any purposes related to marketing without Neuehansa’s express prior written consent.
4. Restricted Access
Access to certain areas of the Website, the LMS and the Courses is restricted. Neuehansa reserves the right to restrict access to [other] areas of the Website, the LMS and the Courses, or the entirety of the Website, the LMS and the Courses, at Neuehansa’s discretion. If Neuehansa or a licensee provides you with a user ID and password to enable you to access restricted areas of the Website, the LMS and or the Courses or other content or services, you must ensure that the user ID and password are kept confidential.
5. User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website, the LMS and or the Courses, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Neuehansa or a third party (in each case under any applicable law).
You must not submit any user content to the Website, the LMS and or the Courses that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Neuehansa reserves the right to edit or remove any material submitted to the Website, the LMS and the Courses, or stored, hosted or published on Neuehansa or its licensee’s servers.
Notwithstanding Neuehansa’s rights under these terms and conditions in relation to user content, Neuehansa does not undertake to monitor the submission of such content to, or the publication of such content on, the Website, the LMS and or the Courses.
6. No Warranties
The Website, the LMS and the Courses are provided “as is” without any representations or warranties, express or implied. Neuehansa makes no representations or warranties in relation to the Website, the LMS and the Courses, or the information and materials provided on the Courses.
Without prejudice to the generality of the foregoing paragraph, Neuehansa does not warrant that:
• the Website, the LMS and or the Courses will be constantly available, or available at all; or
• the information on or in the Website, the LMS and the Courses is complete, true, accurate or non-misleading.
Nothing on the Website, the LMS and the Courses or in the Courses constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or corporate matter you should consult an appropriate professional.
7. Limitations of Liability
Neuehansa will not be liable to you, (whether under the law of contact, the law of torts or otherwise), in relation to the contents of, or use of, or otherwise in connection with, the Website, the LMS and or the Courses:
• [to the extent that access to and use of the Website, the LMS and the Courses are provided free-of-charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Neuehansa has been expressly advised of the potential loss.
8. Exceptions
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Neuehansa’s liability in respect of any:
• death or personal injury caused by Neuehansa’s negligence;
• fraud or fraudulent misrepresentation on the part of Neuehansa; or
• matter which it would be illegal or unlawful for Neuehansa to exclude or limit, or to attempt or purport to exclude or limit, its liability.
9. Reasonableness
By using the Website, the LMS and or the Courses, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
If you do not think they are reasonable, you must not use the Website, the LMS and or the Courses.
10. Other Parties
You accept that, as a limited liability entity, Neuehansa has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Neuehansa’s officers or employees in respect of any losses you suffer in connection with the Website, the LMS and or the Courses.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Neuehansa’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Neuehansa.
11. Unenforceable Provisions
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
12. Indemnity
You hereby indemnify Neuehansa and undertake to keep Neuehansa indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by Neuehansa to a third party in settlement of a claim or dispute on the advice of Neuehansa legal advisers incurred or suffered by Neuehansa arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
13. Breaches of these Terms and Conditions
Without prejudice to Neuehansa’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Neuehansa may take such action as Neuehansa deems appropriate to deal with the breach, including suspending your access to the Website, the LMS and or the Courses, prohibiting you from accessing the Website, the LMS and or the Courses, blocking computers using your IP address from accessing the Website, the LMS and or the Courses, contacting your internet service provider to request that they block your access to the Website, the LMS and or the Courses and/or bringing court proceedings against you.
14. Variation
Neuehansa may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website, the LMS and or the Courses from the date of the publication of the revised terms and conditions on the Website, the LMS and or the Courses.
15. Assignment
Neuehansa may transfer, sub-contract or otherwise deal with Neuehansa’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
16. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Entire Agreement
These terms and conditions constitute the entire agreement between you and Neuehansa in relation to your use of the Website, the LMS and or the Courses, and supersede all previous agreements in respect of your use of the Website, the LMS and or the Courses.
18. Governing Law
These Terms, your use and access to the Website, the LMS and or the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of Scotland.
Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, the LMS and or the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of Scotland. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of Scotland to resolve any such dispute. Notwithstanding this paragraph, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
