Multi-User Policy

Terms and Conditions of Sale for Multi Licences

The University of Warwick ("Warwick", "we", "us" or "our" in these terms) is the supplier and licensors of the Digital Content. Our administrative offices are located at University House, Kirby Corner Road, Coventry CV4 8UW, England. The terms "you" and "your", when used in these Terms, refer to you as the customer.

1. DEFINITIONS AND INTERPRETATION

1.1 When the following words with capital letters are used in these terms, this is what they will mean:

"Business Day" means a day (other than a Saturday or Sunday) on which banks are open for business in London (other than solely for trading and settlement in Euros).

"Digital Content" means the resources available via the internet or mobile device from moodle.GlobalPAD.net including but not restricted to documents, video, audio, flash content and quizzes.

 

"Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be gran ted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

"Licence Fee" means the price stated on Our Website at the time of placing your Online Order which is dependent on the number of licences ordered.

"Licence Term" means the term of one calendar year commencing on the Start Date.

"Our Website" means www.GlobalPAD.net

"Permitted Purpose" means specifically for learning, teaching and professional development

“Start Date" means the date that access to the Digital Content is actually granted as per clause 2.4.1.

1.2 Clause, schedule and paragraph headings will not affect the interpretation of this

Agreement.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions upon which we supply access to the Digital Content to you.

2.2 Online Through Our Website

2.2.1 You may place an order directly through Our Website (an "Online Order") only.

2.2.2 For Online Orders we only accept payment by debit or credit card.

2.3 Acknowledgement Email

Once you have submitted your Online Order you may receive an email acknowledgement of receipt. This does not mean that we have accepted your Online Order. Submission of your Online Order to us constitutes an offer to us to purchase licences to gain access to the Digital Content. All Online Orders are subject to our acceptance.

2.4 Acceptance of Your Order

 

2.4.1 Acceptance of your Online Order will only take place when Warwick grant access to the Digital Content and send an email with a password for access to moodle.GlobalPAD.net

 

2.5 Contract Formation

2.5.1 A contract will only be formed between you and us when we grant you access to the digital Content and send an email with a password for access to moodle.GlobalPAD.net.

2.5.2 Please ensure that you read these terms carefully, and check that the details on your order and these terms are complete and accurate before you submit the Online Order. If you think that there is a mistake, please email us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between us.

3. LICENCE

3.1 Once we are in receipt of cleared funds for payment of the Licence Fee we will grant you non-exclusive, non-transferable, worldwide licences to use the Digital Content for the duration of the Licence Term. You will allocate the licences online at Our Website using email addresses. Once you have allocated a licence an email will be sent to the email address supplied for the licence with a password to allow access to the Digital Content at moodle.GlobalPAD.net.

4. LICENCE RESTRICTIONS

4.1 You will ensure that all users:

(a) provide adequate security and encryption to protect the security of the Digital Content;

(b) promptly comply with our reasonable instructions from time to time concerning use and operation of the Digital Content;

(c) comply with all applicable laws in performing obligations and exercising rights under these terms;

(d) only use the Digital Content for the Permitted Purpose

(e) are aware of Warwick's and its licensors' Intellectual Property Rights in the Digital Content;

(f) not change, amend or develop the Digital Content in any way and

(g) not make any copies of the Digital Content, reverse-engineer or decompile the Digital Content (other to the extent permitted by law and these terms) or make any modification amendment or adaptation to the Digital content.

(h) Ensure that only the people allocated a licence access the Digital Content.

 

5. INSTITUTIONAL LICENCE

5.1 The Digital Content is licenced for the Permitted Purpose only

5.2 You are solely responsible for all use of your account.

6. PRICE AND DESCRIPTION

6.1 The Licence Fee

6.1.1 The price of the Licence Fees as specified on Our Website from time to time will be subject to withdrawal at any time before the receipt of an Online Order from you.

6.1.2 The Licence Fee stated on our website will be in UK Sterling and includes applicable VAT for orders within the European Union. However, if the rate of VAT changes between the date of your order and the date of full delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Digital Content in full before the change in the rate of VAT takes effect.

6.2 Description

6.2.1 The description of the Digital Content you order will be as shown on Our Website at the time that you submit your Online order , save in cases of obvious error.

6.2.2 We try to ensure that all descriptions of the Digital Content and prices are accurate. On the rare occasion that there is an error we will advise you about it as soon as reasonably possible and will offer you the option of reconfirming your Online Order or cancelling your Online Order. If you cancel under this clause, we will refund or credit you for any sum which has been paid by you or debited from your credit card or other account for the Digital Content for the number of licences affected.

6.2.3 The Digital Content will be made available for you to stream only and you are not permitted to download any of the Digital Content. However, your web browser may incidentally create a transient copy of Digital Content from your viewing session which is permitted, except that you may not keep the transient copy, or copy, post, modify, distribute, reproduce or publish it in any way.

7. ACCESS TO DIGITAL CONTENT

7.1 Unique Password and User Name

7.1.1 Once we have received your Online Order we will create an account on Our Website, if you do not already have one.

7.1.2 Your unique username will be the email address that you specify in your Online Order

7.1.3 Your password will be provided to you in an email.

7.1.4 From your account you will be able to assign licences to users via their email addresses. Each user granted a licence by you will then have their own unique username and password for Moodle.GlobalPAD.net sent to them which will allow access to the Digital Content

7.1.5 The usernames and passwords for both Our Website and Moodle.GlobalPAD.net are unique to each user and each user will be entirely responsible for keeping their password confidential. Each user agrees not to disclose their password to anyone. Licences, usernames and passwords cannot be shared or transferred.

 

7.1.6 If you suspect or have reason to believe that somebody else is using your Password or more than one person is using an account at moodle.GlobalPAD.net to gain access to the Digital Content you agree to notify us immediately, upon which we will reset the relevant password and supply a new password. Each user is responsible for any activity under their username and/or password unless and until they have notified us. The new password will be sent to the email address that was provided on your Online Order or used to set up the moodle.GlobalPAD.net account licences unless you have advised us otherwise.

7.2 System Requirements

7.2.1 It is up to you to make all arrangements necessary for you to access the Digital Content.

7.2.2 Web browser:

7.2.2.1 For the best possible experience, we strongly recommend that you use the latest available version of your chosen web browser. The following browsers are recommended:

(a) Firefox 11+;

(b) Internet Explorer 9+;

(c) Safari 5+; or

(d) Google Chrome 18+.

7.2.2.2 Adobe Flash Player:

Your browser may also require the Adobe Flash Player (10.0.22+ required, 11.2+ recommended) in order to display video.

7.2.2.3 Other requirements:

The Website requires that JavaScript and cookies be enabled in order to provide some functionality and that pop up blockers are switched off

7.2.3 In order to reduce the potential for you to experience difficulties when accessing and using the Digital Content, we strongly recommend but do not oblige you to:

(a) use a strong broadband connection; and

(b) if you have firewall software protection operating on your machines, ensure that firewall protection allows the possibility of video streaming.

7.3 Software Requirements

7.3.1 You may be required to download third party software in order to be able to use the Digital Content including Adobe Flash Player.

7.3.2 Your use of any third party software is at your own risk. Subject to clause 13 we accept no liability for the availability of such software or for any problems that may arise as a result of your downloading or installing any third party software.

7.4 Temporary Suspension of Access

Access to the Digital Content may be suspended temporarily without notice in the case of system failure, maintenance or repairs for reasons beyond our control.

 

 

8. DELIVERY

The Digital Material shall be delivered by the granting of online access to moodle.GlobalPAD.net via a unique password which will be emailed to each user.

9. INTELLECTUAL PROPERTY

9.1 Warwick owns all the Intellectual Property Rights in the Digital Content. These terms will not transfer any ownership in our or our licensors' technology or Intellectual Property Rights. You will inform us immediately if you become aware of any infringement of Warwick's Intellectual Property Rights and provide such assistance as we may reasonably request. If any Digital Content becomes, or in our opinion is likely to become subject to an infringement claim, we may (at our option and expense):

(a) obtain the right for you to continue using the Digital Content;

(b) modify or replace the Digital Content to avoid the infringement claim; or

(c) if in our opinion neither (a) or (b) is commercially reasonable, terminate our Agreement with you and provide a partial refund of the Licence Fee on a pro rata basis.

9.2 Subject to clause 6.2.3 you will not copy the Digital Content, issue any copies to or rent or lend the Digital Content to the public, perform any of the Digital Content or communicate it to the public or make an adaptation of the Digital Content.

10. TERMINATION

10.1 This Agreement is for the Licence Term.

10.2 We may (by written notice to you) terminate our Agreement with you immediately if:

(a) If your payment is subject to a chargeback from the credit or debit card company

(b) you commit any material breach of your obligations under these terms which is incapable of remedy, or if capable of remedy, is not remedied within 10 Business Days of us giving written no tice requiring the breach to be remedied; or

(c) you challenge or dispute our or our licensor's ownership of, or rights in, the Digital Content, or the validity of those rights; or

 

10.3 On any expiry or termination of this Agreement:

 

(a) all rights and authorisations granted by us to you under this Agreement shall automatically terminate and immediately revert to us; and

(b) you shall immediately cease all use of the Digital Content.

11. WARRANTY

We warrant to you that the Digital Content purchased from us will, on delivery and for the Licence Term, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for the Purpose.

 

 

12. DATA PROTECTION AND PRIVACY

12.1 We will use the personal information that you provide to us to:

(a) provide access to the Digital Content;

(b) process your payment; and

(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.

12.2 Any personal data we collect about you will be treated and used only in accordance with the applicable Privacy Policy available on Our Website from time to time here.

13. LIABILITY

13.1 Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.

13.2 Nothing in this licence shall operate to exclude or limit our liability for:

(a) death or personal injury caused by its negligence;

(b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(c) fraud; or any other liability which cannot be excluded or limited under applicable law

 

13.3 Save as provided in clauses 13.1 and 13.2 we shall have no liability for any losses or damages which may be suffered by you (or any other person claiming under or through you) for any loss of profit, loss of business, loss of goodwill, loss of savings, claims by third parties, loss of anticipated savings, indirect loss or consequential loss whatsoever and howsoever caused, suffered indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever.

13.4 Subject to clause 13.1 and 13.2 our liability, whether in contract, tort (including negligence), or otherwise and whether in connection with this licence or any collateral contract, shall not exceed the value of the Licence Fee.

14. GENERAL

14.1 Written Communications

Applicable laws require that some of the information or communications we sent to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Website. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

14.2 Transfer of Obligations

14.2.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Agreement.

14.2.2 You may not transfer your rights and obligations under this Agreement.

14.3 Events Outside Our Control

14.3.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (an "Event Outside Our Control").

14.3.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

14.3.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects availability of Digital Content to you, We will make the Digital Content available as soon as reasonably possible after the Event Outside Our Control is over.

14.3.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide access to the Digital Content. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks.

14.4 Severability

If any court or competent authority decides that any of the provisions of these terms or any provisions of our Agreement is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

14.5 Entire Agreement

14.5.1 These terms and any document referred to in them constitute the whole Agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or Agreement between us relating to the subject matter of this Agreement.

14.6 Law and Jurisdiction

 

Contracts for the purchase of Digital Content through Our Website and any dispute or claim arising out of or in connection with them or their subject matter of formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

14.7 Third Party Rights

A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

14.8 Modification

14.8.1 We reserve the right to revise and amend these terms and conditions from time to time.

14.8.2 You will be subject to the policies terms and conditions in force at the time that you purchase access to the Digital Content, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions by posting the revised terms on Our Website.

14.9 No Waiver

Should we fail to enforce your compliance with these terms this shall not constitute a waiver of any of our rights under these terms or otherwise.

15. CONTACTING US

You may contact us:

15.1 By email

Enquiries@GlobalPAD.net

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