(A) Security Rules
(1) Accessing data not intended for such user or logging into a server or an account which the user is not authorized to access.
(2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
(3) Endeavoring to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing",
(4) Sending unsolicited electronic mail, including promotions and/or advertising of products or services.
(5) Violations of system or network security may result in civil or criminal liability.
(6) The business and / or its associate entities will have the right to investigate occurrences/complaints that they suspect which involve such violations and will have the right to comprise, and cooperate with law enforcement authorities in prosecuting users who indulge in such criminal defilements.
(B) General Rules
Visitors are restricted from utilizing the Web Site in order to transmit, distribute, store or destroy material
(a) That could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
(c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
It is unlawful and unauthorized (hereinafter: Prohibited Practices):
- to use the Websites or content available through the Websites in a manner which may cause damage to LMS Assessments Limited, other users or any third party;
- to publish, upload, exchange or transmit Prohibited Content;
- to publish, upload, exchange or transmit any content that the user knows to be false or untrue, or has justifiable reason to believe it to be false or untrue, and whose use may cause damage to LMS Assessments Limited, other users or third parties;
- to misrepresent yourself with the purpose of deceiving LMS Assessments Limited, other users or third parties;
- to publish, upload, exchange or transmit to LMS Assessments Limited, other users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
- to purposefully publish, upload, exchange or transmit any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Websites, cause damage or destruction of any computer program, or any computer and other equipment owned by LMS Assessments Limited, other users or third parties;
- to collect, process or use personal data of the Websites users or third parties in an unauthorized manner;
- to engage in overt or covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorized manner.
Users or third parties shall be legally liable for failure to comply with the provisions of these Terms related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to LMS Assessments Limited, other users and/or third parties.
We reserve the right, but do not assume the obligation, to cancel a user account as a result of the user's Prohibited Practices or other unlawful behavior, or any violation of these Terms that we assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any user or third party.
In consequence of the above, we cannot be held responsible for possible damage incurred to the user, other users or third parties, caused by Prohibited Practices or cancellation of the user account in accordance with the provision in the previous paragraph.
INDEMNITY
The User unilaterally agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of lmscert.uk or their breach of the terms .
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless LMS Assessments Limited, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
CONFIDENTIALITY
In the event that you or LMS Assessments Limited obtain access to the confidential information of the other party in the course of using the Websites, the party obtaining such information shall maintain the confidentiality of such information in the same manner it maintains the confidentiality of its own similar confidential information, but in no event with less than reasonable care.
While providing expert support and review of completed documents LMS Assessments Limited shall maintain the confidentiality of the information provided. Expert review of the completed documents can be accomplished in one of the following ways:
by sending the completed documents via e-mail to our expert for review;
By providing secure remote access for our expert to your file hosting service where the expert can remotely access the documents and review them.
Limitation of LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employees shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such indemnities.
User further agrees that Company shall not be liable for any reparations arising from interruption, suspension or termination of service, including but not limited to direct/or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
There are inherent risks that are likely to occur while using our Services, for example, if you enroll in a health and wellness course like yoga, an inert tendency of personal injury may ensue or transpire. At this crucial juncture, it is reasonably viable, that you endeavor to wholly accept these risks on confirmation that you will have no recourse to seek damages against even if you suffer loss or destruction from using our platform and Services.
In legal parlance, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential reimbursements (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we've been advised of the possibility of recompenses in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstances is limited to the greater of one thousand rupees (Rs 1000/-) or the annual amount you have paid us before the event giving rise to your claims. Some jurisdictions disallow the exclusion or limitation of liability for consequential or incidental damages. In certain aspects, some of the ordinances narrated above will be irrelevant.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall the Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website will be liable for any mutilation whatsoever (including, without limitations, incidental and consequential damages, lost profits, or destruction to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such harmfulness..
It may happen that our platform is inoperable, either for planned maintenance or because there is a major breakdown with the site. It could be that one of the instructors is articulating misleading statements in the course. It may also involve unwarranted encounters with security issues. These are just feasible examples. You accept that you will not have any recourse against us in any of these types of cases where things don't work out right. In legal, more complete language, the Services and their content are provided on an "as is" and "as available" basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don't allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will LMS Assessments Limited or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
Governing Law and Jurisdiction
These Terms are governed by the laws of United kingdom without reference to its choice or conflicts of law principles. The "Dispute Resolution" section below does not apply you and us consent to the exclusive jurisdiction and venue of federal and state courts in United Kingdom.
Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and dispatched by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to
complaints@lmscert.uk
).
Relationship between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your decease.
Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and LMS Assessments Limited reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
