The EBRD Road Safety Engineering E-learning Website Terms and Conditions:
1. This Site is operated by The European Bank for Reconstruction and Development (the “EBRD”) having its Headquarters at One Exchange Square, London EC2A 2JN, United Kingdom.
2. Please read these terms and conditions (“Terms and Conditions”), as they apply to your use of the https://www.ebrdelearning.com (the "Site"). If you do not agree to these Terms and Conditions, you must leave the Site.
3. By using this Site, you ("You") agree to be bound by these Terms and Conditions. The EBRD may change these Terms and Conditions from time to time. By continuing to access the Site following any such change, You accept and agree to be bound by all changes.
4. DEFINITIONS: In these Terms and Conditions ("Terms") unless specified the following words shall have the following meanings:
4.1 "Site" means the EBRD Road Safety Engineering E-learning Website;
4.2 “Student” means a person who has submitted an Application that has been accepted by The EBRD to receive Access to the Course.
4.3 In these terms and conditions “we” means The EBRD and “our” and “us” shall have the corresponding meaning; “You” shall mean you the Student and “your” shall have the corresponding meaning.
4.4 “Application to the Course” means completion and online submission of the information required to be considered by The EBRD for Access to the Course.
4.5 "Course" means the course identified in an application and consists of associated learning guides, support services and access to on-line materials.
4.6 "Intellectual Property Rights" means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software), database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world.
4.7 “Materials” means items associated with the Course either issued at the commencement of the course or at a later stage.
4.8 “Access” means access to the on-line learning community and online learning materials.
5.1 By applying for Online Access to the Course you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
5.2 You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose to gain Online Access remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us immediately.
5.3 You should ensure that any information you provide to us (including without limitation your name, address) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain On-line Access to the Course.
5.4 We reserve the right to: (a) suspend or terminate access to On-line Access where you are in breach of these Terms; (b) delete, vary or change any content in the Site at any time; and(c) terminate or cancel Online Access to the Course. The EBRD shall have no obligation to take the needs of any Student into consideration in connection therewith.
6. APPLICATION AND DELIVERY OF THE COURSE
6.1 An Application shall be deemed to be an offer by you to enrol to the Course on these Terms, which we shall be free to accept or decline at our absolute discretion.
6.2 We will grant Online Access and send a confirmation email to the last email address provided to us.
7. ONLINE ACCESS
7.1 As part of your course you may need to log on to the On-line Learning Environment to access Materials and complete your Course. Whilst doing so you agree to abide by the rules of the Site set out therein from time to time. We reserve the right to cease or suspend access to the Site in the event that you breach any of these Terms or the rules of the Site.
7.2 We do not warrant that the Online Access will be uninterrupted or error-free or that defects therein will be corrected immediately. In the event of significant disruption to access which impacts the learning experience, we will endeavour to create contingency plans to ensure you can receive all the training expected from the Course.
8.1 The EBRD reserves the right to change or remove any material on the Site including but not limited to revising and/or deleting features or other information without prior notice.
8.2 The Site may contain hyperlinks or references to external third party websites. Any such hyperlink or reference is provided for your convenience only. The EBRD has no control over such third party websites and accepts no responsibility in relation to any content, material or information contained in these websites.
8.3 The Site may contain advice, opinions and statements of various information or content providers as an educational service. The EBRD does not warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information or content, or any other person or entity. Reliance upon any such opinion, advice, statement or other information shall also be at your own risk.
8.4 Nothing in the Site or any Materials shall be construed, implicitly or explicitly, as containing any investment recommendation or advice, or constituting an offer of, or an invitation by or on behalf of, the EBRD.
8.5 The EBRD reserves the right, in its sole discretion and for any reason and without notice, to alter, amend, limit, suspend or discontinue the Site or any Materials in any respect; and deny any user's access to the Site or any portion thereof.
9. OUR LIABILITY
9.1 The Site is provided on an "as is" and "as available" basis without warranty, condition or commitment of any kind, whether express or implied. The EBRD makes no representation, warranty, commitment in relation to the provision of the Site including those as to the availability, completeness, accuracy and up-to-datedness of any Material provided through the Site.
9.2 To the maximum extent permitted by applicable law, the EBRD disclaims and excludes all liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) arising from any inaccuracy, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any of the Materials on the Site. Under no circumstances shall The EBRD be liable to You for any loss or damage suffered (both direct and indirect losses) arising from your use of the Site.
9.3 We shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.4 The information in the Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.
9.5 We cannot guarantee that the On-line Learning Environment or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the On-line Learning Environment or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages the On-line Learning Environment from time to time.
9.6 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
9.7 We reserve the right to change information and specifications relating to the Course from time to time.
10. RESTRICTIONS AND TERMINATIONS
10.1 Where a login and password is required, You acknowledge and agree that the EBRD may, in its sole discretion, deactivate your login name and password and in doing so, prevent your access to the Site if You breach these Terms and Conditions.
11. YOUR OBLIGATIONS
11.1 While using the Site, You may not:
a. post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, derogatory or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, violate any applicable law or regulation, or damage the goodwill and reputation of the EBRD;
b. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or commercial schemes of any kind or other unsolicited commercial communication;
c. post or transmit any software or material which contains any "virus", "trojan horse", "worm", "data bomb", "logic bomb" or any other similar component;
d. copy, modify, licence, create derivative works from, transfer, post, publish, republish, transmit, retransmit, reproduce, distribute or in any way exploit or use:
(i) Materials obtained through the Site for commercial purposes; or
(ii) Materials, or any derivative work of such Materials, obtained through the Site which are subject to the copyright or any other intellectual property rights of a third party. If you wish to copy, modify, licence, transfer, post, publish, republish, transmit, retransmit, reproduce, distribute or in any way exploit or use such Materials, or any derivative work of such Materials, you must first obtain the necessary permission of the owner.
11.2 Where required, You agree to keep your login name and password of your registered account confidential and will not allow other third parties to access the Site using your account details.
11.3 You agree not to affect, restrict, limit or inhibit any other person from using the Site.
11.4 You agree to defend, indemnify and hold the EBRD harmless from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use of the Site or any violation of these Terms and Conditions by You or, where applicable, by any users of your registered account.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Intellectual Property Rights in the Course, Materials and the Online Learning Environment are owned by and shall remain vested in The EBRD or its licensors.
12.2 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Courses, Materials, Online Learning Environment and/or the Software. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Course or use (other than as permitted under these Terms) reproduce or deal in the Course or any part thereof in any way.
12.3 By agreeing to these Terms we procure that we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course only for your own personal use and for completing the Course.
13.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 Nothing in these Terms and Conditions shall be construed as a waiver, renunciation or modification by the EBRD of any immunities, privileges and exemptions of the EBRD accorded under the Agreement Establishing the European Bank for Reconstruction and Development, international convention or any applicable law.
13.3 The failure of the EBRD to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the other provisions of these Terms and Conditions shall be unaffected and remain in full force and effect.
14. USE OF YOUR DATA
14.1 If You submit your or any other individual's name, email, employment details or any other personal data or information ("Your Submissions") through the Site, You acknowledge and agree that the EBRD (and its contractors and agents engaged in the operation of the Sites as necessary) will collect, process, store, use and transfer Your Submissions for the purposes of delivering services under these Terms and Conditions.
14.2 If You submit any other individual's personal data or information as part of Your Submissions, You warrant that You have obtained the required authorisation to transfer such personal data or information to the EBRD for our processing in accordance with paragraph 14.1 above.
14.3. The EBRD will keep Your Submissions confidential and will not intentionally disclose any of Your Submissions to any third parties (apart from its contractors and agents engaged in the operation of the Sites) unless it is required to do so in compliance with the EBRD’s policies, procedures or rules.
14.4. If You have obtained access to the Sites as a result of your employer’s relationship with EBRD, you acknowledge and agree the EBRD may share Your Submissions and any information related to your use of the Sites (including any modules taken) with such employer.
14.5. The EBRD will retain Your Submissions in accordance with its policies, procedures or rules.