User Terms and Conditions
1 / INTRODUCTION
The Education Portal software and platform is provided by The World Continuing Education Alliance (hereinafter referred to as WCEA) with the mission of connecting professionals from around the world with a quality education resource specifically targeted at your individual profession, specialty or special interests. To achieve our Mission, we make services available through our websites, and mobile applications.
1.2 Scope and Intent
2 / YOUR OBLIGATIONS
2.1 Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your WCEA profile information accurate and updated.
2.2 Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a WCEA account, (3) will only maintain one WCEA account at any given time; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of WCEA, including intellectual property rights such as copyright or trademark rights; (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Services and (7) You will not use services such as, but not excluded to, Virtual Private Networks to mask your geographical location or enter false geographic information in your Profile.
2.3 Sign-In Credentials
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your WCEA account to another party; and (5) refrain from charging anyone for access to any portion of WCEA, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through the WCEA.
2.5 Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.6 Notifications and Service Messages
You agree that the WCEA may communicate with you through your WCEA account or through other means including but not limited to email, about your WCEA account or services associated with WCEA. Please review your email preference settings to control what kind of messages you receive from WCEA. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.7 WCEA Applications
The WCEA may offer the Services through applications built using WCEA’s platform (“WCEA Applications”). Examples of WCEA Applications are iPad apps etc. Such Applications are distinct from third party Platform Applications and if you use a WCEA Application, you agree that information about you and your use of the Services, including, but not limited to, your device, your internet access provider, your physical location, and/or web pages containing WCEA plugins that load in your browser may be communicated to us.
By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of these terms and conditions.
2.9 Website content
You understand that the WCEA provides platforms to host content by third parties. The WCEA provides the websites on an “as is” basis, the WCEA does not screen or audit content for validity and makes no representations or warranties of any kind with respect to this website or its contents and disclaims all such representations and warranties. In addition, the WCEA makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website.
The information contained in this website may contain technical inaccuracies or typographical errors. All liability of the WCEA howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither the WCEA nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Third Parties upload content under terms and conditions requiring that they are legally entitled to publish such content. The WCEA accepts no responsibility for any breaches and should dispute arise disputes they should be taken up with the third party content provider directly.
The use of content on this website is not intended to be a replacement or substitute for professional or legal advice.
3 / YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of the WCEA or its Users), view information and use the Services that we provide on WCEA webpages and in accordance with this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the WCEA and all related items, including any and all copies made of the WCEA website.
4 / OUR RIGHTS AND OBLIGATIONS
4.1 Services Availability
For as long as the WCEA continues to offer the Services, the WCEA shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the WCEA platforms as they may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue WCEA, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.
4.2 Third Party Sites and Developers
WCEA may include links to third party web sites (“Third Party Sites”).
The WCEA is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications.
4.3 Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of WCEA, our Users or the public.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
Do not rely on the WCEA, any information therein, or its continuation. We provide the platform for WCEA and all information and services on an “as is” and “as available” basis. The WCEA does not control or vet user generated content for accuracy. we do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. If you are dissatisfied or harmed by WCEA or anything related to the WCEA, you may close your WCEA account and terminate this agreement in accordance with section 7 (“termination”) and such termination shall be your sole and exclusive remedy.
The WCEA is not responsible, and makes no representations or warranties for the delivery of any messages (such as emails, posting of answers or transmission of any other user generated content) sent through the WCEA platforms to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
The WCEA does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, the WCEA disclaims all liability for identity theft or any other misuse of your identity or information.
The WCEA does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. The WCEA disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, the WCEA disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the WCEA site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
6 / LIMITATION OF LIABILITY
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.
Neither the WCEA nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“WCEA Affiliates”) shall be cumulatively liable for (a) any damages in excess of US $100, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from the WCEA. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
6.1 Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
6.2 Not apply to any damage that the WCEA may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
7 / TERMINATION
7.1 Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to the WCEA. The WCEA may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your WCEA account includes disabling your access to WCEA and may also bar you from any future use of WCEA systems.
7.2 Misuse of the Services
The WCEA may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the WCEA messaging services; creating multiple or false profiles or any other behaviour that WCEA, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing.
7.3 Effect of Termination
Upon the termination of your WCEA account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections (“Your Rights”) and (“Our Rights and Obligations”) hereof.
8 / DISPUTE RESOLUTION
8.1 Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of England, regardless of your country of origin or where you access the WCEA Portal/s, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and WCEA agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Ireland. You and WCEA agree to submit to the personal jurisdiction of the courts located within Ireland for the purpose of litigating all such claims. Notwithstanding the above, you agree that the WCEA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2 Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. GENERAL TERMS
Severability -If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process - Via mail or courier at: 45-47 High Street, Hemel Hempstead, Hertfordshire, England, HP1 3AF.Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Entire Agreement -You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WCEA services, third-party content or third party software.
Amendments to this Agreement -We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on the website or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
No informal waivers, agreements or representations -Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any WCEA Affiliate shall be deemed legally binding on any WCEA Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of the WCEA.
No Injunctive Relief -In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation - You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you for any third party that assumes our rights and obligations under this Agreement.
10. WCEA USER “DOS” and “DON’TS”
As a condition to access WCEA, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
10.1 Do undertake the following:
a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
b) Provide accurate information to us and update it as necessary;
d) Review and comply with notices sent by WCEA concerning the Services; and
e) Use the Services in a professional manner.
10.2 Don’t undertake the following:
a) Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to the WCEA;
b) Publish inaccurate information
c) Create an user profile for anyone other than a natural person;
d) Harass, abuse or harm another person, including sending unwelcomed communications to others using the WCEA portal/s;
e) Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
e.1) Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
e.2) Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
e.3) Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the WCEA);
e.4) Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e.5) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
e.6) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using the WCEA invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using the WCEA to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission.
e.7) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the WCEA or any User of the WCEA platforms;
e.8) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on WCEA (excluding content posted by you) except as permitted in this Agreement.
e.9) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
e.10) Utilize or copy information, content or any data you view on and/or obtain from the WCEA to provide any service that is competitive, in the WCEA’s sole discretion, with WCEA;
e.11) Imply or state, directly or indirectly, that you are affiliated with or endorsed by the WCEA unless you have entered into a written agreement with the WCEA.
e.12) Adapt, modify or create derivative works based on the WCEA or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under the WCEA’s developer program;
e.13) Rent, lease, loan, trade, sell/re-sell access to the WCEA or any information therein, or the equivalent, in whole or part;
e.14) Remove any copyright, trademark or other proprietary rights notices contained in or on the WCEA, including those of both the WCEA and any of its licensors;
e.15) Remove, cover or otherwise obscure any form of advertisement included on WCEA;
e.16) Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the WCEA except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
e.17) Share information of non-Users without their express consent;
e.18) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the site;
e.19) Use bots or other automated methods to access the WCEA, add or download contacts, send or redirect messages, or perform other activities through the WCEA, unless explicitly permitted by the WCEA;
e.20) Access, via automated or manual means or processes, the WCEA for purposes of monitoring WCEA’s availability, performance or functionality for any competitive purpose;
e.21) Attempt to or actually access the WCEA software by any means other than through the interfaces provided by the WCEA.
e.22) Attempt to or actually override any security component included in or underlying WCEA portals;
e.23) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the WCEA’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or WCEA personnel, attempting to gain unauthorized access to the WCEA portal, or transmitting or activating computer viruses through or on WCEA;
e.24) Interfere with or disrupt the WCEA or the Services, including, but not limited to, any servers or networks connected to WCEA, in particular WCEA's search algorithms.