Terms of Service
Terms of Service Training For Success Learning Management System (“LMS”)
(Version 3)
The following Terms and Conditions (“Terms of Service”) apply to the use of the services of International Airline Academy of Travel Limited trading as Training for Success (“the Company”). By using the services of the Company, “the Licensee” (Company using the LMS) accepts and agrees to comply with the Terms of Service.
The Company reserves the right to update and modify the Terms of Service as needed and will provide the Licensee with at least 30 days notice of any such change. The launch of new features, tools and resources that improve the service provided by the Company shall be subject to the Terms of Service. The Company has the right to change and enhance their LMS if deemed necessary to improve the overall experience for the user.
Subject to this Agreement and to compliance by the Licensee with the Terms of Service, the Company grants the Licensee a non-exclusive and non-transferable license to access and use the Agreed Services.
For the purposes of this Agreement, the “Agreed Services” are as follows:
Training For Success Learning Management System
The term of this Agreement shall be for a period of 1 year (unless otherwise terminated in accordance with the Terms of Service).
Non-compliance by the Licensee with any Terms of Service listed below may result in the cancellation of this Agreement by the Company if the Licensee is in material or persistent non-compliance with any of the Terms of Service, if the non-compliance is incapable of remedy or if the Licensee fails to remedy the non-compliance within 30 days of receiving notice requiring it to do so. Please note that the Company is not responsible for any content posted via the Learning Management System (LMS) and the Licensee must agree to the following to use the service:
1
The Licensee must provide all necessary documents requested to accomplish the account setup process.
2
The Licensee is responsible for its account and password security. The Company will not be liable for any loss or damage if the Licensee fails to comply with this safety accountability. The Company agrees to comply with all applicable Data Protection Laws and to exercise a reasonable standard of care to keep all of the Licensee’s Data confidential (unless required by law to disclose same).
3
The Licensee is solely responsible for all the activity done and content uploaded under its account. This applies to the other users who have supplemental access or accounts under the Licensee’s credentials. The Licensee must ensure that all such users comply with these Terms of Service.
4
This agreement is between the Licensee and the Company; therefore, content from third parties, cannot be uploaded onto the system, without prior written consent from the Company.
5
The Company has no responsibility under this Agreement to any party other than the Licensee.
6
The Licensee must not use the Company’s LMS for any illegal or unauthorised purpose. The Licensee must comply with all applicable laws including but not limited to copyright laws.
7
The fee for the services rendered by the Company will be billed in advance on a yearly basis and is non-refundable.
8
All fees are exclusive of all taxes and tariffs imposed by the government. The Licensee shall be responsible for the disbursement of these charges.
9
The Company reserves the right to suspend or deactivate the Licensee’s account and refuse any and all present utilisation of the services if the Licensee is in material or persistent non-compliance with any of the Terms of Service, if the non-compliance is incapable of remedy or if the Licensee fails to remedy the non-compliance within 30 days of receiving notice requiring it to do so.
10
Materials and information the Licensee uploaded will remain as the Licensee’s intellectual property.
11
The Company is not obliged to check or evaluate the content of the materials the Licensee will upload however, the Company has sole discretion to refuse or remove any information the Licensee posted after notice is given to the Licensee and the Licensee has had reasonable time to alter such content to an agreeable standard.
12
The actual platform offered by the Company is copyrighted. Duplication, copy or reuse of any visual model or concepts without permission from the Company is prohibited.
13
The Company will use commercially reasonable efforts to ensure that the Agreed Services are available. Technical support will be provided upon request and depending on the issue, the troubleshooting might be scheduled. Such incident should be communicated clearly to the Company. The Company has no liability regarding any loss due to such interference.
14
The Licensee understands that the Company also has contracts with third party vendors and hosting affiliates that provide needed hardware, programs, data storage and other related technological requirements essential to the delivery of the services and products. The Company is not liable for delays or interruptions in performance caused by circumstances beyond its reasonable control.
15
The Licensee must not upload any content that is illegal, violent, threatening, libellous, defamatory, pornographic, obscene or otherwise is deemed by the Company to violate the Terms of Service. The Company may, but not officially be responsible to, erase content and even deactivate accounts that the Company determines in its sole discretion are illegal, violent, threatening, libellous, defamatory, pornographic, obscene or otherwise violates any party’s Terms of Service. In such case, the Company shall advise the Licensee of its actions and shall provide the Licensee with such relevant information as may be available.
16
The Licensee must not upload any file suspected to contain any virus that may affect the system. The Licensee must ensure that it has appropriate anti-virus protection on all devices and equipment used to access the Agreed Services.
17
The Company does not warrant that all the services will be incessant, timely, flawless or free of faults.
18
The Licensee is responsible for maintaining copies of all data uploaded to the services. The Company makes no guarantee that there will be no loss of data. The Licensee acknowledges that the Company may delete its data after termination of this Agreement.
19
The Licensee agree that the Company will not be responsible for any direct, indirect or major damages including but not limited to loss of revenue, data, business, goodwill or injury to your reputation, unauthorised access to your account, loss, deletion, or damage to content or data, unauthorised uploading of data or any other issues relating to the aforementioned.
20
The Company will use reasonable endeavours to give the Licensee access to the Licensee’s customised platform 24/7; however, the Company does not make any promises or provide the Licensee with a warranty that our website or the services will be without any faults or interruptions; be secure or private or that it will not have any viruses etc, but will endeavour to provide a safe, secure, operable system with anti-virus software in place.
21
The Company does not warrant that the Agreed Services will meet the requirements of the Licensee or that they will be suitable for any particular purpose. The Licensee has sole responsibility in determining if the Agreed Services meet their needs.
22
To the fullest extent permitted by applicable law, the Company disclaims all warranties, representations, and liabilities, whether express or implied, arising from contract or tort (except fraud), imposed by statute or otherwise, relating to the Agreed Services, including any warranties as to merchantability, fitness for purpose, or correspondence with description. In particular, the Company does not warrant that the use of the Agreed Services will be uninterrupted or error-free.
23
The total liability of the Company, whether in contract, tort or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed a sum equal to the total fees paid by the Licensee to the Company in the preceding 12 month period.
24
The Licensee may not assign or sub-license the benefit or burden of this Agreement.
25
Notwithstanding anything to the contrary in this Agreement, the Company shall not be liable to the Licensee by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of this Agreement, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by its negligence, or that if its employees or agents or otherwise, even if advised of the possibility of such damages. Nothing in this Agreement shall exclude or limit the liability of the Company for death or personal injury resulting from the negligence of the Company or any of its employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.
26
The Licensee shall indemnify and keep the Company fully indemnified from and against all actions, proceedings, claims, demands, losses, costs, expenses, damages and liability arising directly or indirectly from any breach by the Licensee of any of the terms of this Agreement.
27
The Licensee acknowledges that all intellectual property rights (meaning all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights whether registered or unregistered) in respect of the Company’s website, its services and any content licensed by it belong and shall belong to the Company. The Licensee has no rights in or to the said intellectual property rights other than the right to use same in accordance with the terms of this Agreement.
28
The Terms and Conditions establish the agreement between the Licensee and the Company and will serve as the Licensee’s guidance in utilising the services and products provided.
29
The Company shall not be liable for failure or delay in the performance of any of its obligations under this Agreement if such failure or delay results from Force Majeure, but any such failure or delay shall be remedied as soon as practicable.
30
If any provision in this Agreement is deemed to be, or becomes invalid, illegal, void or unenforceable under applicable laws, such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable, or if it cannot be so amended without materially altering the intention of the parties, it will be deleted, but the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired or affected in any way.
31
Any notice or other communication whether required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been duly given if delivered by hand to the addressee or sent by registered post to the registered office of such party in this Agreement (or such other address as that party may from time to time designate in writing to the other) or sent to the Company by email to [email protected] or sent to the Licensee by email to the email address used to set up access to the Agreed Services or to any email address notified to Company by the Licensee for this purpose. Any such notice shall be deemed to have been duly given if delivered or sent by email, at the time of delivery, if sent by registered post, forty eight hours after posting.
32
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
33
Termination by either party in accordance with this Agreement shall not affect any rights or remedies of any party accrued prior to that termination.
34
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and shall be subject to the exclusive jurisdiction of the Irish Courts.
Update
Our Terms of Service may change from time to time and all updates will be posted on this page. Version 3 of our Terms of Service is effective as of 1/05/2017.
