Terms and conditions

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This agreement is made between:

The London Borough of Newham (situated at 1000 Dockside Road, London E16 2QU) on behalf of itself and on the behalf of REAL DPO LTD (Company No. 03213172) and London Boroughs of Tower Hamlets, Waltham Forest, Redbridge, Havering and Barking and Dagenham (hereafter referred to as “We”,“Us” or “Our”); and

The applicant (hereafter referred to as “You”) as a service user of the PADE UP web based and e-learning resources.

Background

You agree to these terms and conditions (the “Terms and Conditions”) when using any PADE UP web based and e-learning resources (the “Services”). We reserve the right to review and update these Terms and Conditions periodically;

These Terms and Conditions apply to your registration for the PADE UP e-learning courses and the supply of Services to You (the “Contract”). They apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1. Information About PADE UP and Contact Information

You can contact Us by completing and submitting the feedback form on the website.

If We have to contact You We will do so by writing to You at the email address provided upon registration.

“Writing” includes emails and any text that appears on the website.

 2. Entire agreement

The Contract is the entire agreement between Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Registration (creating an account)

3.1 Before You commence the first e-learning course, You will be required to register and create an account and provide certain information about yourself. In doing this, You agree to:

Provide true, accurate, current and complete information about yourself as prompted by the relevant registration form.

Maintain and promptly update the data We hold by logging into your account and updating such data via the ‘My profile’ page.

Your personal information being disclosed to the REAL DPO LTD andLondon Boroughs of Tower Hamlets, Waltham Forest, Redbridge, Havering and Barking & Dagenham.

4. Learning

4.1 There will be an online test at the end of each e-learning module. Upon passing the test, You will receive an online certificate. Such certificate is kept on your profile and is available to download.

5. Ownership and intellectual property rights

5.1 Nothing in this agreement, website or application grants you any Intellectual property rights in the PADE UP learning materials, the design, graphics and text of all printed materials and the audio of all webinars and podcastsin or arising out of or in connection with the Services (“PADE UP Content”).

5.2 Subject to the limitations in Clause 5.3, we agree to grant You a licence to copy, for your own non-commercial use, the PADE UP Content.

5.3 You may not sub-license, assign or otherwise transfer the rights granted in this Clause 5. No PADE UP Content may be shared, uploaded, posted, displayed or linked to in any way, in whole or in part, without Our prior permission. Any such use is strictly prohibited and will constitute an infringement of our intellectual property rights.

6. Liability

6.1 Our e-learning courses and course material are for information only. We do not accept responsibility for anyone acting or omitting to act as a result of views expressed or information contained  within Our training courses (including the course materials provided in the Services). You should take professional advice when dealing with specific situations.

6.2 We do not warrant that the provision of the Services will be uninterrupted, timely or error free or that such content is secure or free from bugs, viruses, errors and omissions.

6.3 We are not responsible for delays outside of Our control. If the supply of the Services are delayed by an event outside of Our control, You will be notified as soon as possible and We will take reasonable steps to minimise the effect of the delay.

6.4 We will not be liable for your losseswhether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.

6.5 Nothing in the Contract excludes either party’s liability for fraud, fraudulent misrepresentation, death, personal injury caused by its negligence, or any other act or omission for which liability may not be limited under any applicable law.

7. Use of your Personal Information

7.1 Personal information provided to Us will be used for:

(a) fulfilling Our  obligations under the Contract;

(b) the continuous development of the Services; and

(c) our reporting and accounting purposes.

7.2 We each may disclose your personal information:

7.2.1to our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our obligations under the Contract. We will ensure that such employees, officers, representatives, subcontractors or advisers comply with this Clause 7;

7.2.2 to REAL DPO LTD and theLondon Boroughs of:

(a) Tower Hamlets,

(b) Waltham Forest,

(c) Redbridge,

(d) Havering and

(e) Barking and Dagenham

for the purposes of carrying out our obligations under the Contract; and

7.2.3 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

7.3 We will only give your personal information to other third parties where the law either requires or allows Us to do so.

8. Termination

8.1 Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to You.

8.2 Termination of the Contract will not affect either party’s rights and remedies that have accrued as at termination.

8.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

9. General

9.1 Assignment and Transfer. We may assign or transfer Our rights and obligations under the Contract to another entity but will always notify You by posting on this webpage if this happens.

9.2 You may only assign or transfer your rights or your obligations under the Contract to another person if We agree in writing.

9.3 Variation. Any variation of the Contract will be notified to You in writing via the website. In the event that you are not agreeable to such a variation, you will be able to terminate the Services provided to You.

9.4 Waiver. If We do not insist that You perform any of your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.

9.5 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

9.6 Third party rights. Nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any term of this Contract.

9.7 Governing law and jurisdiction.The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

 

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