User Terms of Service
Please read this document carefully. It contains important information about your rights and obligations. It also contains a disclaimer of warranty and a limitation of liability clause.
1. About these Terms of Service
1.1 We are RISE TO LIMITED, a limited company registered in England with registered address at The Old Rectory, Church Street, Weybridge, Surrey, KT13 8DE and registered number 08570213 (referred to as "we" , "us" and , "Rise To").
1.2 We provide the websites including learmamp.com and the websites at associated URLs, their subdomains and content thereon (together, the "Website"). We also offer all the services provided through the Website (the "Services") including without limitation:
(a) links to interactive third party content which you can view and/or in which you are entitled to participate;
(b) a progress tracker which allows you (and your employer if they subscribe to the Website) to track your learning activity and progress;
(c) a rating system that allows you to review and rate content; and
(d) other related services in the discovery of, engagement with and tracking of lifelong learning with your own employer as well as third party training providers (each a "Company").
1.3 Please review these Terms of Service carefully and make sure that you understand them before using the Services or Website. If you do not agree to these Terms of Service, you must cease use of the Services and Website immediately.
2. Acceptance of Terms of Service
2.1 By browsing the Website and/or registering as a user (a "User"), you agree to be bound by these Terms of Service (as amended from time to time) in their entirety.
2.2 Rise To may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address notified by you to us on the Website) or by posting a notice on the Website.
2.3 By continuing to use the Services and/or the Website after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes.
2.4 You can review the most current version of our Terms of Service at any time by clicking on the "Terms and Conditions" link located at the bottom of the Website at learmamp.com. The most current version displayed on that page will supersede all previous versions.
2.5 By using the Website, you represent and warrant that all registration information provided by you is truthful, accurate and complete and you undertake and agree to keep such information up-to-date and current.
3. Limitations on use
3.1 You must be at least 12 years old to use the Services or the Website. Where you are under the age of 16, you should ensure that your parent or guardian knows that you are using the Services and/or Website and get their consent to do so.
3.2 You must not use the Website if it would be illegal to do so in the jurisdiction in which you are accessing the Website.
3.3 If you do not qualify, please do not download the Website or use the Services.
4. Your conduct
4.1 By downloading and/or using the Website and/or the Services, you agree not to:
(a) upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or the Website;
(b) interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service;
(c) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(d) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(e) impersonate any other person while using the Services or Website (though your are permitted to use an alias in order to access the Website on condition that you provide your correct name and details when subscribing and/or paying for any chargeable Service on the Website;
(f) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(g) resell or export the software associated with the Website;
(h) use the Website to generate unsolicited advertisements or spam; or
(i) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
5. Our Rights
5.1 In providing you with access to the Website, Rise To reserve the following rights, and in accessing, browsing or otherwise using the Website you grant to Rise To and agree that we shall have the following rights:
(a) the right to refuse or withdraw your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Rise To’s sole and absolute discretion you violate or breach any of these Terms of Service;
(b) the right to amend or update the Website, fees, billing methods or these Terms of Service from time to time;
(c) the right without notice to remove content, materials or your account for any reason whatsoever in our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, and your account if it is used to propagate any such content or materials;
(d) the right to access your account in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
(e) the right to terminate without notice your account and delete any associated data if your account has been inactive or disabled for ninety (90) days or more.
6. Your account and password
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us and/or change your password.
7.1 If you choose to submit or upload any content to the Website, you at all times retain all copyright and other intellectual property rights in your content. However, on submitting or uploading any content to the Website, you grant Rise To a non-exclusive licence to communicate that data to any Company (only where such content is labelled as public) and use, reproduce, distribute, prepare derivative works of, display and transmit such content as is necessary to enable Rise To to perform the Services.
7.2 You hereby acknowledge and agree that content disclosed to Companies may be used by those Companies in their sole and absolute discretion. Rise To has no control over how Companies use your content to decide whether or not to contact you.
7.3 By submitting content, you acknowledge and agree that Rise To shall not be liable for any discrimination or unlawful activity by any Company (including without limitation under employment law) in relation to its use of your content.
7.4 You hereby represent and warrant that in respect of any content uploaded to the Website by you such content:
(a) is not illegal in the UK or in any jurisdiction in which such content might reasonably be expected to be viewed;
(b) is not of a pornographic, violent or obscene nature;
(c) does not violate any copyright, trademark, trade secret, patent or other intellectual property right of any third party (whether or not registered);
(d) does not invade any third party’s right to privacy;
(e) does not slander or libel any person;
(f) does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
(g) you have the right to publish such content (whether by virtue of ownership of the intellectual property rights in such content or as a result of the grant to you of a license to use and publish such content); and
(h) is true, complete, accurate and not misleading.
7.5 You acknowledge and agree that Rise To shall be entitled to remove (or make private) any content without notice and without giving any reason. Further you acknowledge and agree that we may be required to provide information about the origin of any unlawful content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such content has been viewed and is illegal and you hereby irrevocably authorise us to provide such information to such persons (on request or in our discretion) without consulting or informing you.
7.6 You acknowledge and agree that you are solely responsible for content uploaded by you and for the consequences of submitting and publishing any content on the Website.
7.7 Rise To provides Content generated by Rise To and third parties and displays aggregated and curated content from third parties including tools, learning and development content. Although Rise To may feature certain third party content on the Website from time to time, you acknowledge and agree that Rise To does not endorse any content submitted or published on the Website. No reliance should be placed on content that we may feature on the Website. We therefore disclaim all liability and responsibility arising from any reliance placed on such content by any User or visitor to the Website. Further, any opinion, perspective or statement given by any user of the Website does not represent the views or opinions of Rise To or any of its officers, employees or other associated persons.
7.8 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website or displayed through or accessible via the Website.
7.9 We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in these Terms.
7.10 The views expressed by other users on the Website do not represent our views or values
8. Charges for using the Services
8.1 Rise To provides the Services to Users without charge.
8.2 Rise To currently charges a fee to those Companies which are employers, and whose employees are Users. The amount of fee charged will be dependant on their size. Rise To reserves the right to introduce future charges to other Companies or Users for the Services and certain additional premium services which you may (but will not be obliged to) use.
8.3 In the event that you decide to use chargeable services on the Website, you agree that you shall be solely responsible for promptly providing any contact or billing information changes or updates (including phone number, email address, credit card numbers, paypal details, bank account details) using the online facility provided in the Website.
8.4 You shall notify Rise To of any billing problems or discrepancies within 90 days of the charges appearing on their account. If such billing problems or discrepancies are not brought to Rise To’s attention within such period, you shall be deemed to have waived the right to dispute such problems or discrepancies.
9. Intellectual Property
9.1 Rise To are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by UK and International copyright and other intellectual property laws. All such rights are reserved.
9.2 Rise To permits you to use the Website for your own personal and commercial use subject to these Terms of Service and Rise To grants you a limited license solely for that purpose.
9.3 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) without Rise To’s prior express written consent.
9.4 Any unauthorised use of the Website will result in the automatic termination of the limited license granted by us. Rise To reserves the right to terminate the limited license without notice at any time following an unauthorised use by you of the Website.
9.5 Rise To and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Rise To. They may not be used without Rise To’s prior express written permission.
9.6 All other trademarks not owned by Rise To that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Rise To.
10.1 Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and user content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
11. Electronic Communications
11.1 By downloading and/or using the Website and/or material provided through the Website, you consent to receiving electronic communications and notices from Rise To.
11.2 You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
13. Use of Information Submitted
You agree that Rise To is free to use any comments, information or ideas contained in any communication you may send to Rise To without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or Website or other products or services. For the avoidance of doubt, all such information will be deemed by Rise To to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
14. Reliance on posted or featured content
14.1 Commentary, tips and advice and other materials submitted or posted to the Website are not intended to amount to advice on which reliance should be placed. Rise To therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any user of the Website, or by anyone who may be informed of any of its contents.
14.2 Further, whilst Rise To endeavours to ensure that any featured content is appropriate, it does not warrant the accuracy and completeness of such featured content. Any featured content is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Rise To excludes all representations, warranties, conditions and other terms which, but for this clause, might have effect in relation to featured content.
15. Limitation of Liability and No Warranty
15.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
15.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
15.3 In no event shall Rise To, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Website; or
(b) use of or reliance on any content displayed on the Website.
15.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
15.5 By using the Services, you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
15.6 You acknowledge and agree that Rise To is not responsible for the accuracy of any information published on the Website by Companies or other users and does not warrant that any information appearing on the Website is accurate, true or complete. If you believe that any information appearing on the Website is incorrect, you should flag that information using the flag button on the Website and/or inform Rise To of the information that you consider to be inaccurate and/or inform the Company or other user who posted the information that you consider it to be inaccurate. Rise To specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
15.7 Rise To makes no representation that material on the Website is appropriate or available at locations outside of the United Kingdom. By accessing the Website from outside the United Kingdom, you represent and warrant to Rise To that your use access and use of the Website is in compliance with all applicable local laws.
16.1 We do not guarantee that the Website will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
16.3 You must not misuse the Website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
You agree to indemnify and hold Rise To, its shareholders, directors, officers, employees, agents and partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Services and/or Website or your violation of any law or the rights of any third party.
18.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Services, the Website, Rise To’s advertising or any related transaction between you and Rise To shall be governed by and construed in accordance with English law.
18.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
Rise To may change or discontinue the Services and/or Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the terms of Service set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.
20.1 These Terms of Service are agreed between you and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
20.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
20.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
20.4 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
20.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent. Rise To may assign, transfer, charge, sub-contract or deal in any other manner with all or any its rights under these Terms of Service.
20.6 These Terms of Service set forth the entire understanding and agreement between you and Rise To with respect to the subject matter hereof.
20.7 These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.