TERMS OF USE
This page sets out the general terms and conditions of access to and use of the Services.
- ACCEPTANCE OF AGREEMENT
1.1 The Services are owned and operated by E360 Group LMS. Certain terms and expressions that are used in these Terms of Use have the meanings set out at the end of the Terms of Use or elsewhere in this Agreement.
1.2 Your use of the Services in any manner, including by visiting, accessing, browsing or linking to the Services or by using any other feature, tools or elements provided by us within the Services, is subject to and conditional upon your acceptance and compliance with the terms, conditions, policies, notices and disclaimers contained in these Terms of Use and elsewhere on the Services. Your use of the Services in any manner constitutes your unconditional acceptance of agreement to be bound by the Agreement (which includes these Terms of Use). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all these Terms of Use, do not access, or use the Services.
1.3 If you are using any of the Services for or on behalf of a company or other legal entity or organisation, you represent and warrant that you are authorised to enter into this Agreement and any other agreement on behalf of that company or other legal entity or organisation, and that all provisions of the Agreement will bind that company or other legal entity or organisation.
- ACCESSIBILITY
2.1 The Services may be accessed and used in several ways including, without limitation, by:
(a) general users who access or browse any of the Services, without creating an account; and
(b) users who have created an account to use any of the features, tools or elements of the Services that are available only to accountholders.
2.2 When you create an account, you must provide current, complete and accurate information, and you must maintain and promptly update your information so that it is true, accurate, current and complete at all times. E360 Group LMS shall have no liability to you (or any third party) arising from or in connection with your failure to maintain and update your information, including, but not limited to, any claim, loss or damage from your failure to receive information about the Services.
2.3 You are responsible for maintaining control over access to your account (including the confidentiality of your password). You are also responsible for any and all activities that occur under your account, whether authorised by you or not, and you must notify E360 Group LMS immediately of any suspected, threatened or actual unauthorised use of your account or any other breach of security. E360 Group LMS will not be liable for any claim, loss or damage arising because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by E360 Group LMS or a third party due to your conduct or someone else using your account or password.
2.4 The Services are available only to, and may only be used by, individuals who are 13 years and older who can form legally binding contracts under applicable law. Individuals under the age of 13 must always use E360 Group LMS's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 13 years of age. In this all cases, the adult is the user and is responsible for all activities.
2.5 We may make changes to the Services from time to time, including without limitation, the availability of tools or features; how long, how much or how often any given tool or feature may be used; and feature dependencies upon other services or software. We will provide you with prior notice before removing any material feature or functionality of the Services, unless security, legal, or system performance considerations require an expedited modification or removal.
- USE OF THE SERVICES
3.1 You are solely responsible for your use (including your conduct and activities) of the Services. When using the Services, you must not:
(a) copy, reproduce, modify, create derivative works from, distribute or publicly display the Services or any E360 Group LMS Content, or any content provided by a third party, except to the extent permitted by law, or with the prior written consent of E360 Group LMS or the appropriate third party (as applicable);
(b) use the Services or any E360 Group LMS Content to establish, maintain or provide, or assist in establishing, maintaining, or providing a learning management system.
(c) infringe any applicable laws or regulations, or the rights of E360 Group LMS or any third party.
(d) uploads publish or post false, inaccurate, misleading, defamatory, or offensive content.
(e) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
(f) distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes, or distribute viruses or any other technologies that may harm E360 Group LMS, any of the Services, or the interests or property of any third party;
(g) take any action that imposes, or may impose, in E360 Group LMS’s sole discretion, an unreasonable or disproportionately large load on E360 Group LMS’s infrastructure.
(h) use the Services in any manner that could damage, disable, overburden, or impair the Services or any network or other infrastructure used by or connected to E360 Group LMS.
(i) interfere or attempt to interfere with the proper working of the Services, any other party's use and enjoyment of the Services, or any activities conducted on, or in connection with, any of the Services.
(j) bypass any robot exclusion headers or other measures E360 Group LMS may use to prevent or restrict access to the LMS; or
(k) gain, or attempt to gain, unauthorised access to any areas of the Services, other accounts, or any systems, networks or infrastructure used by or connected to E360 Group LMS.
3.2 You must immediately notify us and any relevant authorities if you become aware of any use of the Services that is, or is likely to be, illegal or threatening to the health or safety of any person.
3.3 You agree and consent to E360 Group LMS collecting, using, and disclosing to third parties your personal information in accordance with our Privacy Policy. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that E360 Group LMS may process such information within the terms of use.
- PAYMENTS AND CURRENCIES
4.1 Fees may be payable for use of certain features of the Services. The amount of those fees and the payment terms will be notified to you prior to the relevant amount being charged to you.
- DISCLAIMER AND LIMITATION OF LIABILITY
5.1 The Services, the LMS and all content on the Services are provided "as is", “as available” and on a "with all faults" basis, without warranties of any kind either express or implied, and the entire risk as to the quality and performance of the Services is with you.
5.2 Without limiting any other provision of the Agreement, E360 Group LMS makes no representation or warranty about:
(a) any of the Services, the results that may be obtained from the use of the Services, or the accuracy, reliability, availability, veracity, timeliness, or content of any of the Services.
(b) whether the Services will be up-to-date, uninterrupted, timely, secure, error-free, or non-misleading, or that defects in the Services will be corrected.
(c) whether the Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Services.
(d) any third-party agreements or any guarantee of business gained by you through the Services or through E360 Group LMS or any E360 Group LMS Affiliate(s); or
(e) the Services, or the systems or infrastructure on which the Services are based, being error or malicious code free, secure, confidential, or performing at any standard or having any function.
5.3 To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.
5.4 While it is E360 Group LMS's intention for the Services to be available as much as possible, there will be occasions when all or part of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
5.5 You acknowledge and agree that in no event shall E360 Group LMS or any E360 Group LMS Affiliates be liable in any way, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
(a) any claim, loss, or damage, which may be incurred by you because of, or in connection with your use of, the Services and/or any third-party content.
(b) any special, indirect, incidental, or consequential loss or damages (including, without limitation, legal fees); or
(c) any direct or indirect loss or damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with your access to, use of, or inability to access or use any of the Services, or performance of software, documents, provision of or failure to provide Services, or information available from the Services, whether or not E360 Group LMS or any E360 Group LMS Affiliates have been advised of the possibility of such losses or damages arising.
- INDEMNITY
6.1 You must indemnify and hold harmless, and keep indemnified and continue to hold harmless, E360 Group LMS and the E360 Group LMS Affiliates against all claims, loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a) any breach by you of the Agreement, or of any laws, rules, regulations, codes, statutes, ordinances or orders of any government authority or court; or
(b) your breach, or alleged breach, of any third-party right, including without limitation, any intellectual property right, confidentiality, or privacy right; or
(c) reliance by you on any information obtained through the Services including, without limitation, any E360 Group LMS Content or any third-party content; or
(d) your access to or use of the Services.
- GENERAL
7.1 The Services and any information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject E360 Group LMS to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction at any time.
7.2 E360 Group LMS may, in its sole discretion, refuse to offer access to or use of any of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
7.3 If E360 Group LMS is partially or wholly precluded from complying with its obligations under this Agreement by any event, matter or circumstance that is beyond its reasonable control, then E360 Group LMS’s obligation to perform will be suspended for the duration of the delay arising out of the event, matter or circumstance.
7.4 You agree that if E360 Group LMS does not exercise or enforce any legal right or remedy contained in this Agreement (or which E360 Group LMS has the benefit of under any applicable law), this will not operate as a waiver of E360 Group LMS's rights and that those rights or remedies will still be available to E360 Group LMS.
7.5 We may amend or replace these Terms of Use at any time by posting the amended or replacement terms on the E360 Group LMS website or in the Services. The revised version will be effective immediately at the time we post it. Please check these Terms of Use periodically for changes. Your continued use of any of the Services after posting of the changes constitutes your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing user on the earlier of: (a) the date you accept it; and (b) 30 days after the material changes are initially posted to the E360 Group LMS website or elsewhere in the Services.
7.6 You agree that you will receive all notices required under the Agreement electronically, by any means reasonably nominated by E360 Group LMS from time to time, including without limitation by email, or by means of a banner message or other notice posted within the Services. Alternatively, notice may consist of an email from E360 Group LMS to an email address associated with your account. We may also give you notice by mail to the address provided by you during the registration process. Any notices to E360 Group LMS must be given by registered email. All dealings, correspondence, and contacts between us must be made or conducted in the English language.
7.7 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision which will be severed, and the remaining provisions will continue in full force and effect.
7.8 You must not assign, transfer, charge, sub-contract, or otherwise deal with all or any of your rights and/or obligations under the Agreement. E360 Group LMS may assign, transfer, novate the Agreement (in whole or in part), sub-contract any of its obligations under the Agreement, or otherwise deal with the benefit of, or a right under, the Agreement, to any other person without obtaining your consent.
7.9 Nothing in the Agreement creates, or will be deemed to constitute, a partnership, joint-venture, agency or fiduciary relationship between you and us.
7.10 This Agreement may be executed in multiple counterparts and by electronic means. You acknowledge that in entering into this Agreement you have not relied on any representation or warranties about its subject matter except as expressly provided in this Agreement.
7.11 No person who is not a party to the Agreement shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the Agreement its assent to any such term.
7.12 This Agreement (and all non-contractual obligations arising out of or connected to this Agreement) is governed by and construed in accordance with the laws of Uganda (Data Protection Act 2019).
- Dictionary
In these Terms of Use, unless the context otherwise requires:
Agreement means these Terms of Use, provided by us in connection with the Services and which are accepted by you while using any of the Services.
Client means any person, entity or organisation that has been granted a licence or other right to access or use any Course(s), whether for their own use or for use by a third party.
Course means an educational, training, or other information or instructional-based course or program offered through the Services.
Learner means any person who enrols, purchases access to, or otherwise participates in, any Course(s).
Services means the E360 Group LMS and the related domains, websites, mobile device properties, applications, tools, software, functionality, methodologies, services and capability associated with the learning management system that is operated and by E360 Group LMS and made available to you as set out in this Agreement.
E360 Group LMS, we, our, or us means E360 Group Limited’s Learning Management System.
E360 Group LMS Affiliate means in relation E360 Group LMS, its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, E360 Group LMS.
You or your means any person visiting, accessing, or using the Services, and includes and company or other legal entity or organisation as set out in clause 1.3.