1. DEFINITIONS
“LR”, “we”, “us” or “our” refers to the LR entity organising the Training and includes Lloyd’s Register Group, its affiliates and subsidiaries, and the officers, directors, employees, presenters, representatives and agents of any of them, individually or collectively.
“Training” refers to the online training and education course(s) and measure(s) for which the Client is registering, as well as supporting materials provided for these courses and measures.
“Client” or “you” means the individual or organisation and its delegates for whom LR is providing the Training.
“Contract” means the agreement for LR to provide Training to the Client as set out herein. For online training, the Contract comprises the registration form and these Conditions.
“Terms” means these terms and conditions.
“Fees” means the fees for the provision of Training.
“Consequential loss” means any loss of anticipated profits, damage to reputation or goodwill, loss of expected future business, damages, costs or expenses payable to any third party or any other indirect losses.
"Delivery" means the time when access to a Course has been given.
"Website" refers to the website at www.lr.org and any website pages hosted on the website.
2. REGISTRATION
2.1. Provisional registration shall be made by you via the prescribed registration form and sent to us in the prescribed manner.
2.2. We will acknowledge receipt of provisional registration and confirmation of registration to you.
2.3. Once confirmation of registration is issued by us, a legally binding contract is formed between LR and the Client and these terms and conditions shall apply.
2.4. We reserve the right to refuse registration at our discretion.
2.5. Following registration you will be allocated a login, password or any other necessary security keys in order for you to obtain access to the Training, provided that the Terms have been accepted. You may only use the allocated login and password to access the Training through the Internet. No other access by you to the Training shall be permitted. The login, password and any other security keys are strictly personal and confidential
3. YOUR ACCEPTANCE OF THESE TERMS
3.1. Acceptance: By submitting the Contract or by otherwise agreeing to be supplied with the Training, you agree to be legally bound by these Terms, and that your use of the Training will be on these Terms alone.
3.2. Amendment: LR reserves the right to change these Terms from time to time. You are responsible for regularly reviewing these Terms and any amended terms posted on the Website or otherwise notified to you. Your continued use of the Training constitutes your agreement to these Terms as amended.
4. PRICE
4.1. Client access to Training will only be permitted following receipt of full payment of Fees or at the discretion of LR.
4.2. The Client agrees to pay all Fees for the Training within 30 calendar days of the date an invoice or payment request is issued by LR.
4.3. For the avoidance of doubt, the Fees are for the provision of Training only. Related costs (e.g. internet access, phone calls) will be separately borne by the Client.
4.4. Unless stated otherwise, the Fees do not include any tax (including but not limited to Value Added Tax, Goods and Services Tax, withholding taxes, turnover taxes, surcharges or duties) as required by law and any such tax or duty is chargeable to and payable by the Client in addition to the Fees. The Client agrees to pay the full amount as invoiced by us irrespective of whether the Client is required by law to withhold any taxes or duties from the invoiced amount.
5. USE OF THE TRAINING
5.1. Computer System: You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Training, is compatible with the Training and is capable of running the Training content. You must not attempt to interfere in any way with the proper working of the Training and in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
5.2. Course Changes: LR reserves the absolute right to update, alter, suspend or discontinue any aspect of the Training including your use of and/or access to it.
5.3. You are solely responsible in all respects for protecting the confidentiality of any password given to you or selected by you for access to or use of the Training. Your password may only be used by you personally and you must not share it with or transfer it to any third parties. You are solely responsible for any and all activities that occur under your password and account. You must notify LR immediately of any unauthorised use of your password or any other breach of security regarding the Training which comes to your attention. LR will not be liable for any loss that you may incur as a result of a third party using your password or account. However, you may be liable for losses incurred by LR as a result of someone else using your password or account.
6. GROUP FORUM FACILITIES
6.1. Posted Materials: The following provisions apply to your use of any facilities which enable you to post or send text, graphics, audio-visual or other material (‘Material’) to other Clients via e-mail, chat room, bulletin boards or other means (‘Group Forum’).
6.2. Representations concerning Material: By submitting Material to the Group Forum or to other Clients you (a) represent that you are entitled to do so; (b) grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that Material in any form, anywhere; and (c) authorise us to adapt the relevant Material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the Material in question.
6.3. Excluded Materials: You agree not to send Material to the Group Forum or to other Clients which (a) might infringe the intellectual property or other rights of any person or entity, (b) might breach any applicable law (c) constitutes advertising or any form of unsolicited commercial communication (d) might cause damage or denial of use to any hardware or software, or (e) might be defamatory, profane, obscene, sexually oriented, racially offensive, harassing, threatening, abusive, ‘flaming’, false, misleading or otherwise objectionable in our opinion (‘Excluded Material’). We reserve the right to delete any Excluded Material placed by you on the Group Forum.
6.4. Our responsibilities in relation to Excluded Material: You accept that we do not have the resources to screen the Group Forum for any Excluded Material posted by third parties and that we shall be under no liability in respect of such Excluded Material. We undertake to delete any Material which we decide (at our sole discretion) constitutes Excluded Material within a reasonable time of written notification by you of its presence on the Group Forum.
7. WARRANTIES & SERVICE EXCLUSIONS
7.1. Uptime & Links: LR will endeavour to make the Training available but cannot guarantee that the Training will operate continuously or without interruptions which could affect use of the Training. The Training may provide links to other websites, which are not under the control of LR. LR shall not be responsible in any way for the content of any such other websites. You acknowledge that LR provides such links only as a convenience. The inclusion of any link does not imply any kind of endorsement by LR.
8. CANCELLATION/REMOVAL OF ACCESS BY LR
8.1. We reserve the right to cancel your access to the Training by providing notice in writing to you.
8.2. We will not be held responsible for any costs associated with the cancellation of Training, including Fees.
9. CANCELLATION BY CLIENT
9.1. Notice of cancellation of any Course must be provided in writing from the Client to elearning@lr.org.
9.2. If you cancel the Training within a period of 7 calendar days from being given access to the Training, all Fees paid will be refunded within 30 calendar days of the communication of the cancellation from the Client.
9.3. If you cancel the Training after a period of 7 calendar days from being given access to the Training, no Fees will be refunded.
10. ADAPTIVE E-LEARNING INTELLECTUAL PROPERTY RIGHTS
10.1. LR grants you limited user rights to use any platform to access the Training.
10.2. We nor our partners shall be obligated to provide maintenance or support of the platform, except to the extent agreed by the parties in a separate written agreement.
10.3. A Client is not entitled to copy, adapt, reverse engineer, decompile, disassemble, modify or make derivative works of or error corrections to the platform, or by any other means derive or gain access to the source code of the platform in whole or in part, nor attempt to do any such things, except to the extent this restriction is prohibited by applicable law.
10.4. A Client is explicitly prohibited from: (i) using the platform in any other form than object code; (ii) using the platform for any purpose other than as set out between the parties; (iii) obtaining title to the platform or any intellectual property rights therein; (iv) removing or disabling security features of the platform; (v) removing trademark or copyright notices from the platform; (vi) publishing, disseminating, renting, leasing, or lending the platform; (vii) using the platform in violation of law; (viii) using the platform to develop a competing product or to benchmark training services; and (ix) sub-licensing the platform.
10.5. LR may with immediate effect revoke your access to the platform if you breach any material provision of this Contract or otherwise infringes or violates LR’s or its partners’ intellectual property rights. LR is entitled to perform updates to the platform in its sole discretion. LR may with immediate effect suspend user accounts for security reasons or otherwise, provided that LR informs the Client thereof in writing.
11. ALL OTHER INTELLECTUAL PROPERTY RIGHTS
11.1. The intellectual property in any Training material or content belongs to LR. Any intellectual property rights developed during, arising from or relating to the Training shall belong to LR. No part of any Training materials may be reproduced in any form without our prior permission.
12. CONFIDENTIALITY
12.1. You shall not divulge or allow to be divulged to any person any confidential information disclosed by the other party in connection with the Training. This obligation will survive termination of these Terms. This obligation will not apply to confidential information which is in your possession before its disclosure, that is or becomes part of the public domain through no fault of yours, or that otherwise becomes available to you from an independent source not under a confidentiality obligation.
13. LIABILITY
13.1. The material for the Training has been designed as an integral part of the Training solely for the benefit of delegates attending the Training. The material does not stand on its own and is not intended to be relied upon for giving specific advice.
13.2. LR will not be liable (whether by reason of breach of Contract, negligence or otherwise) for any loss or consequential loss occasioned by the Client acting, omitting to act or refraining from acting in reliance upon the Training, the presentation of the Training, or any other aspect of the Training (including but not limited to loss of personal effects or loss occasioned in relation to the training venue).
13.3. In no case shall any LR’s liability arising out of or in connection with this Contract exceed the total amount of Fees paid under this Contract.
14. GOVERNING LAW
14.1. Any dispute, claim or litigation between LR and the Client arising from or in connection with this Contract shall be subject to the exclusive jurisdiction of the English courts and will be governed by English law.
15. GENERAL
15.1. No relaxation, forbearance, delay or indulgence by LR in enforcing any part of this Contract or the granting of any time by LR shall prejudice or affect or restrict any of LR’s rights and nor shall any waiver by LR of any breach operate as a waiver of any subsequent or continuing breach.
15.2. Nothing in this Contract shall create rights pursuant to the Contracts (Rights of Third Parties) Act 1999 in favour of any person who is not a party to this Contract.
15.3. No provision shall be deemed severable and of no force or effect.