Terms & Conditions – Content with LMS
Licence if you use iAM Learning content on the iAM Learning Management System (LMS)
BY USING THE iAM LEARNING SITE OR CLICKING ON THE ‘ACCEPT’ BUTTON OR SIGNING THIS DOCUMENT YOU ARE CONFIRMING, AS AN AUTHORISED REPRESENTATIVE OF YOUR ORGANISATION, THAT YOUR ORGANISATION ACCEPTS OUR TERMS OF LICENCE FOR THE USE OF iAM LEARNING AND THE iAM LEARNING MANAGEMENT SYSTEM (LMS) AS SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS OF LICENCE, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY.
This iAM COMPLIANT LIMITED licence governs the use of iAM Learning as a ‘Software as a Service’ (SaaS). This licence allows for the content and software to be delivered online and is hosted by iAM Compliant Limited. iAM Learning and iAM Learning Content are trading names of iAM Compliant Limited.
Free Trials. This section only applies to those customers requesting a free trial. When Customer first agrees to these terms, iAM Learning allows for a seven (7) day free trial (“Free Trial Period”) of the content library with no payment obligation and no obligation of continued subscription past the Free Trial Period. Once complete, iAM Learning reserves the right to immediately suspend access upon expiration of Customer’s Free Trial Period. To avoid any such interruption of Services, Customer may elect to continue using the Services after its Free Trial Period by purchasing full access as defined by the subscription fees. The remainder of this agreement will govern the use of the content library during any paid subscription term once the order has been accepted.
In the event of conflict between the Service Order (means the iAM Learning document (to which these Terms of Licence are attached) specifying the Services and the proposed fee for providing those Services) and these Terms of Licence, we and you agree that the terms of the Service Order shall take precedence.
1 About us
This website (Website) is provided under licence by iAM Compliant a limited company registered in England and Wales under company number 08087062 and with its registered office address at The Steam Mill Business Centre, Steam Mill Street, Chester, CH3 5AN. Our VAT number is 176 3408 96. If you need any information about this Website or any of our services, please contact us by one of the methods shown below.
Address: Steam Mill Business Centre, Steam Mill Street, Chester, CH3 5AN Email: s
Payments to use the iAM Learning content and/or platform (LMS) can be made either by direct payment from your Company or by Company cheque.
In providing payment details for the above methods, you confirm that you are authorised to do so and to authorise us or our payment service provider to take payment in full for the items you order. Refunds, if applicable, will only be made using the relevant paymentgateway.
Licence fees are due in full on invoice and in all instances before commencement of licence. Unless otherwise stated, the licence is uncapped in terms of course participation and the number of users (or learners). There must be one licence per Limited Company or Registered Brand.
Licence fees (the fees detailed in the Service Order) are due in full on invoice and in all instances before commencement of licence. Unless otherwise stated, the licence is uncapped in terms of course participation and the number of users (or learners), however, you will not use the license for other than agreed in these Terms and will not authorise other parties to access or use the LMS. There must be one licence per Limited Company or Registered Brand that is authorised to access and use the LMS. You acknowledge that additional fees may be payable in the event that more than one Limited Company or Registered Brand have access the LMS. The annual fee may increase by no more than 6% over that of the previous term.
3 Account, activation and term.
Following acceptance of these Terms of Licence by you we will set up a full account for you. On receipt of payment of the relevant licence fee for the iAM Learning products purchased, we will activate your account. Your account will remain active at all times and can only be deactivated by your written instruction which in all instances should provide at least 30 (thirty) days’ notice of deactivation. For the avoidance of doubt, in the event that you provide such notice, you will not be entitled to any refunds or rebates. Your account shall remain active until the final date of your subscription.
These Terms of Licence shall commence on the date when it has been signed by all parties and shall continue for the Contract Period as detailed in the Service Order and thereafter until terminated by either party by giving to the other party 30 days' written notice to terminate.
Without affecting any other right to remedy available to it, iAM learning may terminate these Terms of Licence with immediate effect by giving you written notice if you commit a material breach of any terms of these Terms of Licence and (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified to do so.
4 Username and passwords.
You will be allocated or invited to choose your own username and password. You are responsible for ensuring that you keep your username and password confidential and that they are not used by any other person.
We capture only information relevant to the learner – when using our LMS – and as per legislation this information can be viewed, updated or deleted upon request. This information is only used to provide a suggested reporting history to the relevant organisation to whom the employee or learner belongs. Deletion is available through admin request. When deleting a user, please ensure that any relevant history has been captured, as you may still wish to retain this post deletion e.g. courses watched etc.
6 Ownership of materials and licence terms.
This Website and the materials and software on it, or provided to you through it, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by or are licensed to iAM Compliant Limited and/or third parties. You are permitted to display the materials on this Website and LMS on a computer screen and, save for restricted access documents, to download and print a hard copy for personal use within your business or for obtaining products or services from us provided that you do not alter or remove any of the content or any part of this Website without our express written permission to do so or not change or delete any copyright, trade mark or other proprietary notices.
You agree not to:
(1) copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this Website or the materials or software on it, or provided to you through it, without our prior written consent (which may be given or withheld in our absolute discretion)
(2) use this Website or any of the materials or software on it, or provided to you through it, for:
• any unlawful purpose or in contravention of applicable law
• commercial exploitation without our prior written consent
• any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
(3) use, upload or transmit: –
• any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person
• any device, software, file or mechanism which may interfere with the proper operation of this Website or our systems
(4) decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this Website
(5) do anything that may interfere with or disrupt this Website or our services
(6) encourage or permit others to do any of the above
7 Suitability of materials.
We do not give any assurance (other than best endeavours) that the materials provided or available to you on or through this Website / LMS are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.
8 Website availability.
We make no guarantee (other than best endeavours) that this Website will be uninterrupted or error free. We reserve the right to modify the whole or any part of this Website or any of its content at any time without notice and without incurring any liability.
The iAM Compliant Limited LMS is hosted by UKFAST. Their servers are based in the UK and are accredited to the highest security standards. They provide a 100% connection guarantee as part of their SLA. If the server our LMS is hosted on fails for any reason, it automatically switches to a different server, maintaining service throughout. We also constantly monitor performance proactively. Planned maintenance on the LMS is only done out of hours (e.g. over night or early morning) and is communicated to our clients electronically well in advance of any work needed.
9 Links from this Website.
We may, from time to time, provide links from this Website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.
10 Links to this Website.
You are not permitted to establish a link to this Website from any other sites without our prior written consent.
We may monitor activity and content on this Website and may take any action we consider appropriate if we suspect you may be in breach of these Terms of Licence including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
completely private or secure and there is a risk, therefore, that any message or information you or your Users send to us from this Website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you or your Users send to us and you do so entirely at your own risk.
13 Accuracy of information.
We take care to ensure that all information available on this Website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Technical data, technology tools and commercial practice change frequently and the content on this Website, in any videos and in other items offering guidance have been prepared for general interest only and are not a
substitute for specific technical or other professional advice and should not be read or used as such.
ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THIS WEBSITE IS CORRECT AND SUITABLE FOR USE BY OUR CUSTOMERS, MISTAKES MAY, OCCASIONALLY, OCCUR AND WE DO NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES.
15 Use of this Website outside the UK.
iAM Compliant Limited makes no claims or representations that any or all of the content of this Website may be lawfully viewed or downloaded outside mainland UK and, unless otherwise specifically stated, the content and this Website is directed solely at users who access this Website from mainland UK.
IF YOU CHOOSE TO ACCESS THIS WEBSITE FROM OUTSIDE THE UNITED KINGDOM, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THE RELEVANT JURISDICTION.
16 Limitation of liability.
We will not be liable for any indirect or consequential loss or for loss of profit, loss of business or opportunity, loss of or damage to data or damage to goodwill as a result of your use of this Website / LMS.
In all other cases, our maximum liability to you will be limited to one year Licence Fee (means the fee for one year included in your Service Order). In the event that the fee varies, then the amount will be the Licence Fee paid for the first year of the agreement.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
17 Third party rights.
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.
We may add your Company name and logo to our published list of customers for so long as the Customer continues to be a subscriber. Customer also agrees that we may immediately issue a generic press release announcing the deal between both parties.
No delay or decision not to enforce rights under these Terms of Licence will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
20 Governing law.
These Terms of Licence are subject to the laws of England and Wales and each of us hereby submits to the non-exclusive jurisdiction of the English courts.
21 Statutory rights.
NOTHING IN THESE TERMS OF LICENCE AFFECTS YOUR STATUTORY RIGHT