End User Licence Agreement (EULA)

 

RWA Compliance Services Limited (“RWA”/ “We” /”Us”/” Our”) are prepared to grant you a licence to access and use this website [insert URL] and the learning platform which is hosted upon it (“Development Zone”) and all the content in and related to My Development Zone only in accordance with the terms and conditions of this licence (“Licence”). Please read this Licence carefully before you start to use any part of this Development Zone. By using any part of My Development Zone, you confirm that you accept this Licence and agree to abide by every part of it. If you do not agree to this Licence you should not use any part of My Development Zone.

 

REGISTRATION

You are able to login to My Development Zone because either you or your employer has obtained arranged for this Licence to be offered to you, and the licence fee has been paid by or on behalf of you or your employer. However, as above you will only be licensed to continue to access and to use My Development Zone on condition of your agreement to the whole of this Licence.

The period for which this Licence is available to you will be confirmed in the written agreement between you and or your employer and RWA.

 

LOGIN

Each time that you login you confirm that:

1. all information you provide to us through My Development Zone, including any personal information (“Personal Information”) is true, accurate, current and complete in all respects; 
2. you will notify us immediately of any changes to the Personal Information by contacting us by e-mail, at mydevzone@rwagroup.co.uk ;
3. you agree not to impersonate any other person or entity or to use a false name;
4. you are responsible for the security and confidentiality of any log in and password or other security details provided to you for My Development Zone and you will not disclose it to or share it with any other person.

 

 

DEFINITIONS

For the purposes of this Licence all words and phrases shall have their ordinary meaning unless stated otherwise and the following words and phrases shall have the following meanings:

Assessment(s)	any exercise, examination, quiz or similar provided in My Development Zone for the purpose of measuring the current level of your learning and or your progress in learning in relation to one or more topics, Course and or Module;
Course(s)	each course of study described and offered within My Development Zone ;
Content	all and any kind of text, information, image, or audio or video material which is or can be incorporated and/or published in a document, and/or in a website and/or hosted platform for access by a visitor to that website/hosted platform;
My Development Zone	all and any part of the website at http://my.devzone.world and all Content including the source code and object code and operating systems and functionality of that website and through which that Content is displayed and or stored and or provided;
Inappropriate Content	any Content which is or which appears to RWA to infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights);
Intellectual Property Rights	all intellectual property rights including but not limited to the registered and/or non-registered ownership of patents, trademarks, registered design, know-how and/or copyright and any other intellectual property rights and in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
Module	Shall mean each module or part of any Course where a Course is presented in one or more modules;
RWA	RWA Compliance Services Limited Registered in England & Wales No. 05389491 Registered Address: Number 22 Mount Ephraim, Tunbridge Wells, England, TN4 8AS
RWA Brand	means all and any Intellectual Property Rights owned and or used under licence by RWA (including without limitation the RWA logo and Obelisk name and brand and the Obelisk Site domain name) and the product and or brand names “My Development Zone”; “My Development Zone” and “Development Zone”, including the website at [insert URL] and all and any other websites upon which Obelisk is hosted;
Virus	anything or device (including any code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer, platform, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, "Trojan horses", viruses and other similar things or devices.
Your Input	all and any data input by you into My Development Zone, including but not limited to your registration details, and or your responses to all and any Assessments and Your Usage Data
Your Usage Data	Such data as My Development Zone may collect and or compile to record the use made by you of My Development Zone, including as to the frequency and duration and areas of My Development Zone used by you on each occasion.

 

 

 

ACCEPTABLE USE

1. You may use My Development Zone only for the purposes of supporting your learning and development in relation to your work.
2. When using My Development Zone you may:

• participate in the Courses and or Modules of the Courses
• complete Assessments
• engage in the various learning opportunities and work with the learning materials made available in My Development Zone;
• print and or download parts of the Content where that option is clearly offered to you on the screen concerned

PROHIBITED USES

 

When using My Development Zone and or Content you must not:

• use any part of it for your own or another person or company’s commercial purposes
• seek to commercially exploit any part of it
• make any part of it available to any other person
• scrape off, reproduce, duplicate, copy, modify, distribute, publish or re-sell any part of any of My Development Zone and or Content;
• use it to access interfere with, damage or disrupt in any way any part of My Development Zone any equipment or network or software on or through which My Development Zone and or Content is stored or operated;
• use My Development Zone or any Content for your own or any other person’s commercial purposes.

 

You must not use any part of My Development Zone and / or any part of the Content:

 

• in any way that breaches any applicable local, national or international law or regulation or is in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to harm or attempt to harm minors in any way;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

INTELLECTUAL PROPERTY RIGHTS

RWA are the owner or the licensee of all intellectual property rights in My Development Zone and in the Content, including but not limited to the RWA Brand, logos, trade marks and designs.  Those works are protected by copyright laws and treaties and trade mark and or design rights registrations around the world.  All such rights are reserved.

You must not remove or alter or obscure any copyright notices and or trade mark notices displayed in any part of My Development Zone and or the Content. You must not remove any acknowledgement that we or any of our contributors is the author of any such material.

As set out in the Acceptable Use section above you may only print and or download any part of the Content where you are offered that functionality on the screen concerned.

You must not copy the paper or digital copies of any Content you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

OUR RIGHTS

We reserve our rights to:

• withdraw or amend My Development Zone and or any part of the Content without notice to you;
• restrict or suspend access to all or any part of My Development Zone;
• withdraw or suspend all or any access rights provided to you on registration;
• determine that you have breached or are likely to breach any part of this Licence and take appropriate action against you including taking legal proceedings against you to stop or prevent such breach and or to recover damages and or costs.

 

PRIVACY POLICY

Our privacy policy is set out at [URL] and it is important that you check that you can agree to its contents before you continue using My Development Zone. Your Continued use of My Development Zone will be deemed to confirm that you agree that our privacy policy including our policy in relation to Cookies applies to your use of My Development Zone and all of your relevant Personal Information and all of Your Usage Data and Your Input.

 

INDEMNITY

You agree fully to indemnify, defend and hold us, and / or our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of this Licence by you or the use by any other person accessing My Development Zone and or the Content using your Personal Information.

 

LIMITATION OF LIABILITY

We will not be liable for any loss or damage caused by:

• a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to any use by you of My Development Zone and or any Content; or
• if for any reason My Development Zone is unavailable at any time or for any period.

 

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• any liability for any direct, indirect or consequential loss or damage incurred by you in connection with My Development Zone or in connection with the use, inability to use, or results of the use of My Development Zone and or Content, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill;  and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

Nothing in this Licence excludes any liability which we may have for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

 

Law and Jurisdiction: This Licence will be subject to English law and in the event of any dispute arising in relation to this Licence both you and RWA agree that the dispute shall be referred to the exclusive jurisdiction of the courts of England and Wales.