ECADEMY TERMS OF USE
1. INTRODUCTION
Thatcham Research (company number 00967763) operates the Ecademy Services and any software, applications, computer programs, products and codes provided by Thatcham Research in respect of the Ecademy Services.
To contact us, please email us at ecademy@thatcham.org or telephone our main switchboard on 01635 868855. Our registered address is Colthrop Way, Thatcham, Berkshire, RG19 4NR.
We recommend that you print a copy of these terms of use for future reference as they govern your use of the Ecademy Services.
These terms of use refer to the following additional terms, which also apply to your use of Ecademy Services:
- Our privacy and cookies policy (which you can find here) which sets out the terms on which we process any personal data we collect from you, or that you or a third party provide to us. It also sets out information about the cookies on the Ecademy Services webpages; and
- The agreement with the organisation that you work for, for the use of the Ecademy Services (“Ecademy Agreement”).
2. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
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.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at ecademy@thatcham.org.
3. PROHIBITED USE
You may use the Ecademy Services only for lawful purposes. You may not use the Ecademy Services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- 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.
- In contravention of the terms of the Ecademy Services.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Ecademy Services in contravention of the provisions of these terms of use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Ecademy Services;
- any equipment or network on which Ecademy Services is stored;
- any software used in the provision of the Ecademy Services; or
- any equipment or network or software owned or used by any third party.
- Not to falsely imply or suggest any sponsorship or association with Thatcham Research.
4. CONTENT STANDARDS
Any data or material that you input, contribute or link to the Ecademy Services (“Data”) must comply with the content standards, which must be complied with in spirit as well as to the letter, set out below.
We will determine, in our discretion, whether the Data breaches the content standards.
Data must comply with the law applicable in England and Wales and in any country from which it is inputted, contributed or linked.
Data must not:
- Infringe any intellectual property rights, including, but not limited to copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
You warrant that the Data complies with the above mentioned content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will do our best to assess any possible risks resulting from Data, but we are under no obligation to monitor any Data inputted or linked to the Ecademy Services, and we expressly exclude our liability for any loss or damage arising from the use of Ecademy Services by a user in contravention of the content standards, whether the Ecademy Services is monitored or not.
The Ecademy Services may include information and materials uploaded by other users of the Ecademy Services, including Data. This information and these materials have not been verified or approved by us. Any views expressed by users of the Ecademy Services do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on ecademy@thatcham.org
5. INTERACTIVE SERVICES
We may from time to time provide interactive services on the Ecademy Services (for example, you may be able to leave a comment about the Ecademy Services). Use of the interactive services must be in compliance with the content standards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for you from third parties when they use any interactive service provided on the Ecademy Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Ecademy Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by you in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6. WE DO NOT GUARANTEE THAT THE ECADEMY SERVICE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES
We are not responsible for viruses and you must not introduce them.
You are responsible for configuring your information technology, computer programs and platform to access to the Ecademy Services. You should use your own virus protection software.
You must not misuse the Ecademy Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Ecademy Services, the server on which the Ecademy Services are stored or any server, computer or database connected to the Ecademy Services. You must not attack the Ecademy Services 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 Ecademy Services will cease immediately.
7. INTELLECTUAL PROPERTY RIGHTS
The Ecademy Agreement sets out who owns the Data, but also our intellectual property rights in the Ecademy Services and any reports created by the Ecademy Services.
We are the owner or the licensee of all intellectual property rights in the Ecademy Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Ecademy Services for your personal use only and you may draw the attention of others within your organisation to content posted on the Ecademy Services.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Ecademy Services must always be acknowledged.
You must not use any part of the content on the Ecademy Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Ecademy Services in breach of these terms of use, your right to use the Ecademy Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
ECADEMY is a trade mark of Thatcham Research. You are not permitted to use it without our approval, unless as part of material you are using as permitted under these terms of use or the Ecademy Agreement.
You retain all of your ownership rights in the content resulting from your use of the interactive services, but you are required to grant us and other users of the Ecademy Services (provided such users are authorised by us) a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.
8. DO NOT RELY ON INFORMATION ON THE ECADEMY SERVICES
The content on the Ecademy Services is provided for training purposes and is only intended to be used by trained professionals in the motor repair and insurance industries. It is not intended to amount to advice on which you should rely or replace face to face training. You must obtain professional or specialist advice or training before taking, or refraining from, any action on the basis of the content on the Ecademy Services.
Although we make reasonable efforts to update the information on the Ecademy Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Ecademy Services is accurate, complete or up to date.
9. LINKING
Where the Ecademy Services contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
You may link to the Ecademy Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Ecademy Services in any website that is not owned by your employer.
The Ecademy Services must not be framed on any other site, nor may you create a link to any part of the Ecademy Services other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms of use.
If you wish to link to or make any use of content on the Ecademy Services other than that set out above, please contact ecademy@thatcham.org.
10. BREACH OF THESE TERMS OF USE
When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms of use is a material breach of the Ecademy Agreement and the terms of use upon which you are permitted to use the Ecademy Services, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Ecademy Services.
- immediate, temporary or permanent removal of any data uploaded by you to the Ecademy Services.
- issue of a warning to you.
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
11. SUSPENDING OR WITHDRAWING THE ECADEMY SERVICE
We do not guarantee that the Ecademy Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Ecademy Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access the Ecademy Services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Ecademy Services or any content on it.
We will not be liable to you 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:
- use of, or inability to use, the Ecademy Services; or
- use of or reliance on any content displayed on the Ecademy Services.
In particular, we will not be liable for:
- loss or corruption of data;
- loss of opportunity;
- pure economic loss; or
- any indirect or consequential loss or damage.
13. GOVERNING LAW AND JURISDICTION
These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England and Wales.
14. CHANGES TO THESE TERMS OF USE, THE ECADEMY SERVICE
We amend these terms from time to time. Please check these terms of use regularly to ensure you understand the terms that apply at the relevant time.
We may update and change the Ecademy Services from time to time, to reflect changes in relevant laws and regulatory requirements, or make improvements or enhancements to it.
15. HOW TO CONTACT US
Questions, comments and requests regarding these terms of use are welcomed and should be addressed to Thatcham Research at Colthrop Way, Thatcham, Berkshire, RG19 4NR or by email to ecademy@thatcham.org.
These terms of use were last updated on 28.03.2019.