1.1 “Content” means all visual, written or audible data, information or material including, without limitation: any hyperlink, text, image, logo, word, sound avatar,video, document, spreadsheet, text message, form entry, web page, and any other file or data or any similar material, including but not limited to each of the foregoing that is uploaded to, transferred through, publicly posted, processed or entered into the Services.
1.2 “Intellectual Property Rights” means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, source code, Software, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world.
1.3 “Internet” means a global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols.
1.4 “Services” means the web services, all content, associated software, and other services related thereto provided to You by i3 Learning in accordance with this agreement and with the characteristics and features as described at the Website from time to time.
1.5 “Website” means any website at https://app.i3learnhub.com and any other domain extension or subdomain.
1.6 “Site License” means a single license to use the Services with a defined set of subscription terms and limited group of Users who are authorised to access the Services.
1.7 “Software” means all proprietary or open source software/firmware/middleware.
3.2 Except for the rights specifically granted under Clause 3.1 of this Agreement, You are not given any right, title or interest in or to the Website or the Services, and We expressly reserve all such rights, titles and interests.
3.4 The Website and Services provided by Us to You, as well as any copies thereof made by You are and shall remain Our exclusive property.
3.6 You may grant other individuals who are members of the Service access to Your Account, without prejudice to Clause 5.
4.1 We reserve the right to effect modifications to the design, operational method, technical specifications, systems, and other functions of the Services, at any time without prior notice.
4.2 The Services are normally available over the Internet around the clock. We shall be entitled to take measures that affect the aforementioned accessibility where i3 Learning deems such measures to be necessary or useful for technical, maintenance, operational, security or other reasons. You are hereby aware and acknowledge that Your access to the Internet and the Services cannot be guaranteed and that We shall not be liable for deficiencies in Your own internet connections or equipment.
4.3 We shall be entitled to retain subcontractors for the performance of obligations in accordance with this agreement.
4.4 In the event You create a user account using an email address belonging to a third party, such user account may be from time to time or may later become subject to additional terms and conditions. You are aware of and acknowledge that such third party could impose access restrictions on Your access to the Internet or the Services. We will not be liable to You for such lack or curtailment of access.
4.5 The Services or any Content may contain links to third party websites that are not owned or controlled by Us. i3 Learning will not and cannot censor or edit or control the content of any third-party site. We are not liable for any loss or damages directly or indirectly resulting therefrom.
4.7 Results and information from this site are not a certified or definitive source of information that can be relied on for legal, financial, medical, life-safety, or any other purposes.
5.2 You undertake, in conjunction with registration, to provide correct information regarding Your identity and a correct and legitimate email address, to which you have authorized access.
5.3 You shall be responsible for the activities conducted through use of the Services and the Website and shall ensure compliance with national laws in conjunction therewith. All Content uploaded to, transferred through, publicly posted, processed or entered into the Services or the Website by or on behalf of You shall be Your sole responsibility.
5.4 You WARRANT that you shall be responsible for monitoring Your Account and shall be liable to Us for ensuring that Content transferred to or handled within the Services which is processed by You and/or individuals invited by You to do so does not infringe any third party rights nor in any other manner violates any applicable law or regulation, and that You possess such necessary Licenses and/or approvals from third parties as may be required in order to process the Content/use the Services. You hereby INDEMNIFY Us and keep Us INDEMNIFIED against any and all loss suffered as a result of You breaching this Clause 5.4.
5.5 You are aware and hereby acknowledge that You are not permitted use the Services in order to gain material in violation of law or material which in any manner contravenes generally accepted practices.
5.6 You undertake not to use the Services in order to obtain material which per se or if sent to another party might injure the reputation of Us or a third party, or in any manner which may result in the infringement of any of Our or a third party’s Intellectual Property Rights, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof.
5.7 You shall not invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or body corporate to carry out such acts and You shall not make available libellous, defamatory, abusive, derogatory, inflammatory or obscene Content.
5.9 You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” that accesses the Services in a manner that sends more request messages to Our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information or personal data, including but not limited to names, from the Services.
6.2 In the event that You notify Us in accordance with Clause 6.1 above, You shall co-operate fully with Us by providing Us with all information that is reasonably requested by Us from You.
8.1 The Services and the Website are provided to You “as is” and “as available” and could contain defects, faults, mistakes and other deficiencies. We exclude any warranty that the Service and/or the Website will be uninterrupted, error-free or will operate at any particular speed or frequency.
8.2 You are responsible for any and all activity made by You or anyone You allow to use the Services or the Website including Your colleagues, friends and members of Your family. Any material You or anyone else accesses or obtains using the Services or the Website is entirely at Your sole risk and expense.
8.3 You are responsible for ensuring that Your Internet connections, computer unit and telephone service are compatible with the Services and the Website and for any damage that may be caused to such items by anything You access or obtain using them. We shall not be liable for any losses suffered by You as a result of any such incompatibility or damage. You are responsible for paying any and all charges in relation to Your internet connection, computer unit and telephone service.
8.4 You are solely responsible for ensuring that all Content uploaded by You is lawfully used and furthermore You are responsible that any and all use of whatever nature encouraged or permitted in each case whether expressly or impliedly by You of the Content is lawful.
8.6 We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement including but not limited to the pricing or other information of products or other services offered for sale or otherwise marketed via the Service and We are further not responsible and nor shall You deem Us to be responsible for any defamatory, obscene, racist, sexist, or other derogatory Content even where such Content is in breach of any rule imposed by Us. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice in the Service or Website and it is entirely incumbent on You to verify the accuracy of such opinion, advice or statement offered or other Content through the Service or Website prior to Your reliance upon it. Wherever possible You ought to obtain the advice of a recognised professional in the relevant field in which the opinion, advice or statement is offered. In this regard You shall indemnify Us and Our officers, directors, representatives and employees and hold Us and Our officers, directors, representatives and employees harmless from any and all claims, expenses, legal fees and all other costs and disbursements incurred by You as a result of Your using the Services or the Website or of You entering into any third party relationships.
You accept and agree that:
14.2 Any costs arising from such delay shall be borne by the Party incurring the same.
20.1 Personal Data. You agree that We may collect certain personal data (such as name, address and email address) through the Website or the Services . The personal data collected by Us are only used to process any queries You may have efficiently, for the possible sale of the Services or any of Our other products, to contact You for the purpose of informing You of Our activities and to maintain a contact database. We only keep the data for the time necessary to fulfil these purposes. We shall not divulge Your personal data to third parties for direct marketing purposes. The processing of information relating to identified or identifiable natural persons (“personal data”) collected through the Services or the Website or otherwise received by Us is subject to the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, as amended, and the Royal Decrees implementing the Law of 8 December 1992. We are firmly committed to protecting Your personal data in compliance herewith. [We rely on third parties to host, and provide technical support for, the Website and the Services. In that context, these third parties may have access to the personal data processed by Us.]
20.2 Security. We have no control over the Internet or parts of the Internet through which Your personal data are transferred to Us. Therefore, You are solely responsible for the security of your personal data until they are stored and protected by the firewall on Our server. As it may be insecure to send personal data over the Internet, We cannot advise You to provide confidential information or personal data by e-mail or through the Website. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information collected online.
20.3 Your rights as a user. In accordance with European and Belgian data protection law, We provide individuals the right to access and to correct, if necessary, their personal data which we process. If You have any queries or complaints, or wish to exercise Your rights as detailed above, please contact Us at firstname.lastname@example.org. By providing your personal information to Us, You agree with this privacy statement and with the collection and use of your personal data by Us as described herein.
21.1 Payment & Billing The Service accepts credit cards and certain payment accounts (where available) for payment, and will automatically charge the payment method associated with your i3LEARNHUB account. i3 may obtain preapproval for an amount up to the amount of the transaction. Fees are billed annually, in advance of provision of the service. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for the upgrades you purchase through the Service, and that i3 Learning may charge your credit card or payment account for any upgrades purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account, and that i3 Learning may continue to charge your credit card or payment account for all fees or charges associated with your subscription on an annual basis until you change or cancel the subscription. This means that unless you change or cancel your subscription prior to the next annual billing date, we will charge your credit card or payment account the then-current fees on that next annual billing date. About thirty (30) days prior to your annual billing date, we will notify you by email to the email address associated with your i3LEARNHUB account that your Account is about to be billed and to remind you that your credit card or payment account will be billed the indicated fees on the annual billing date. The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on the next annual billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING i3 LEARNING WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment account you designate during the registration process. If i3 Learning is unable to successfully charge your credit card or payment account for fees due, i3 Learning reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section of i3LEARNHUB; this may temporarily disrupt your access to the Services while i3 Learning verifies your new payment information. Your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service.
21.2 Account Information and Billing Inquiries You may consult your Account management page for details on your Account information including payment method and billing currency. i3 Learning will send an electronic invoice to the email address associated with your i3LEARNHUB account whenever any Service fees are charged to your Account. If you believe you have been billed in error for the Service please try and notify us within 45 days of the billing date by contacting Support at https://app.i3learnhub.com/feedback.
21.3 Cancellations and Refunds All fees and charges paid by you in relation to the Service are nonrefundable, except as required by law or as otherwise stated herein. You may contact i3 Learning for a full refund within 15 days of an initial upgrade purchase or within 30 days of a subsequent yearly payment. To request a refund as described herein go to https://app.i3learnhub.com/feedback for more details. Applicable local law may vary this policy. Please contact i3LEARNHUB Support for details. You can cancel your subscription by downgrading your plan to the free plan in your i3LEARNHUB Account. Your paid subscription will be cancelled on your next annual billing date. Partial refunds are available where required by law.
21.4 Changes in Price i3 Learning may at any time, upon notice required by applicable law, change the price of the storage upgrades or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription billing year will apply to subsequent subscription billing years and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel and stop using the plan upgrade.
22.1 Termination by You You may terminate your Account and/or stop using the Service at any time. If you wish to stop using i3LEARNHUB contact i3LEARNHUB Support at https://app.i3learnhub.com/feedback. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges.
22.2 Termination by i3 Learning i3 Learning may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by i3 Learning in its sole discretion and i3 Learning will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, i3 Learning may terminate your Account upon prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by i3 Learning in its sole discretion and i3 Learning will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.
22.3 Effects of Termination Upon termination of your Account you will lose all access to the Service and any portions thereof, including, but not limited to, your Account, Plugins, and Content. In addition, after a period of time, i3 Learning will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.