eLearning Terms and Conditions

By accessing online content at datamine.learnupon.com (the “Datamine eLearning Website”) you are agreeing to these terms and conditions.

Datamine may modify these terms and conditions at any time by publishing these revisions on the Datamine eLearning Website at datamine.learnupon.com (“the Website”).

Access to Courses

We will endeavour to allow uninterrupted access to your eLearning material (“Services”), but access to the courses may be suspended, restricted or terminated at any time. We reserve the right to change, modify, substitute or remove without notice any information in the material from time to time.

You will have access to the courses you have purchased, or have been granted gratis access, indefinitely from the date of purchase or access.

Intellectual Property/Copyright

The copyright in the material contained in the courses, together with the design, text, graphics and all supporting data and resources belong to Datamine Corporate Limited (“Datamine”). All rights are reserved. None of this material may be reproduced or redistributed without written permission of Datamine. You may, however, download or reproduce a single copy of screen content for your own non-commercial viewing.

Any course material downloaded from the Website, including any material and data are deemed to be licensed to you by Datamine, for your personal, non-commercial use only. Datamine does not transfer either the title or the intellectual property rights of the course and Datamine retains full and complete title to the courses as well as all the intellectual property rights therein. You may not sell, redistribute or reproduce or convert any of the material. Datamine owns all trademarks and logos and you may not copy or use them in any manner.

Otherwise, you are not authorised to:

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission of Datamine

(ii) record on video or audio tape, relay by videophone or other means the any self-paced or face-to-face course content provided

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer

(iv) remove any copyright or other notice of Datamine on the Course Materials or associated resources.

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any item forming part of training course content.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

Termination

We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

• fail to pay when due your Fees;
• act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Datamine or its holdings, any teacher or lecturer who provides course content or any student who attends any face-to-face course;
• cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
• steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our face-to-face courses;
• are in breach of these terms and conditions.

Exclusions of Liability

Datamine will use reasonable endeavours to ensure that the data in the courses is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained in the courses. We do not guarantee that the material will be fault free and do not accept liability for any errors or omissions.

We do not give any warranty that the website is free from viruses or anything else, which may have a harmful effect on any technology. Datamine makes no representation whatsoever regarding the content of any other websites, which you may access from the courses. A link to a non-Datamine website does not mean that Datamine endorses or accepts any responsibility for the content or use of such websites.

Datamine will not be liable to you for any indirect, special damages, consequential, exemplary, punitive damage or loss including but not limited to loss of profit, loss of production, loss of contracts, loss of use, loss of business, loss or corruption of data, loss of contracts, loss of business opportunity and loss of goodwill, whether foreseeable or not.

Datamine’s aggregate liability for damages arising from any cause of action under these Terms and Conditions shall not exceed the Fees paid by you to Datamine during the twelve month period preceding the date of the claim.

Payment

Online purchases can be made immediately by credit/debit card or using a course coupon provided by Datamine. This is the only mechanism by which non-gratis content will be made available to the intended recipient.

Course coupons are non-transferrable and Datamine cannot be held responsible for their misuse or misrepresentation by the intended recipient or unintended 3^rd parties.

Cancellations

Courses purchased cannot be cancelled and may not be transferred to other individuals or organizations.

Passwords

Datamine eLearning Website Members should access their purchased courses with their existing membership number and password.

All access to eLearning content is governed by a user and password combination system. All courses available to a user/password combination will be visible and accessible either for instant access or to purchase.

Your login details are the methods used by us to identify you and so are very important. You are responsible for any payments due for services accessed through the website by anyone using your password details. Datamine are not responsible for the misuse of login credentials of any registered website users.

Entire Agreement

These terms and conditions, together with any terms and conditions expressed as part of other services offered by Datamine, and Course Specific Terms and Conditions, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

Severability

If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the offending provision will be severed from these Terms and Conditions and the other provisions will remain in full force.

Force Majeure

Datamine shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

You may not assign or transfer any rights under this Agreement without Datamine’s prior written consent, which may be withheld, delayed or conditioned in Datamine’s sole discretion.

Data Protection

The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

When you register with us you may need to provide certain Data such as your contact details, professional capacity and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications relevant to eLearning content on the Website. We will not pass any personal data onto anyone outside of Datamine.

To enable us to monitor and improve our Services, we may gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

Datamine endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold Datamine responsible for any breach of security.

If you wish to change or update the data we hold about you, please contact your local Datamine office as indicated on the Datamine Corporate Website (www.dataminesoftware.com).

Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.