Our Terms and Conditions
Revisions
07/08/2020 - Last revised version of these Terms and Conditions
Terms and Conditions - SAFEX International e-Learning Portal
Part 1
1. Terms applying to all users of the SAFEX International e-Learning Portal
2. Purpose of the Portal
3. Third Party Links
4. Amendments to the Terms
Part 2
5. Terms applying if you register for the SAFEX International e-Learning Portal
6. Provision of the Services
7. Log-in/Registration
8. Quality of the services
9. Services to You
10. Complaints
11. Our Liability to You
12. Privacy
13. Ownership
14. Contacting SAFEX International e-Learning Portal Providers
15. General
Part 1
1. Terms applying to all users of the SAFEX International e-Learning Portal.
The terms and conditions of use of the ('Terms') https://www.safex-training.org (the 'Website') must be read before using the Website. The terms and conditions in Part 2 apply alongside Part 1 when a Licence to use the website has been granted.
In these Terms, 'we', 'us' and 'SAFEX International e-Learning Portal (hereinafter Provider)' means:
- Cranfield University, UK Defence Academy, Shrivenham, Wiltshire, SN6 8LA
Cranfield University is the owner of the URL and the Portal system. The content of the Portal is jointly owned by Cranfield University and SAFEX International e-Learning Portal. By using this Portal you agree to be bound by these Terms. You acknowledge that you are responsible for taking appropriate precautions against viruses, hacking and other types of computer misuse.
Whilst we try to ensure that the Portal does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Portal or any materials made available via the Portal (except for death or personal injury caused by our negligence).
We reserve the right to suspend access to the Portal for scheduled maintenance, although these will be kept to a minimum. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of SAFEX International e-Learning Portal Provider. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.
We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Portal or any or content and/or facilities provided via the Portal:
- any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
- any loss or corruption of data; or
- any indirect or consequential loss.
The exclusions and limitations of liability contained in this section do not apply to:
- any loss or damage resulting from death or personal injury caused by our negligence;
- loss or damages arising from our fraudulent misrepresentation; or
- any other losses which may not be excluded or limited by law.
Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply. If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.
If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.
These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
Top2. Purpose of the Portal.
The purpose of the Portal is solely to provide a secure site where SAFEX delegates can undertake online training courses with assessments.
This Portal does not provide nor should be used to provide any legal or business advice on energetic materials or any other matters. This Portal does not purport to ensure that any business or individual is compliant with any UK or international legislation.
Top3. Third Party Links.
The Portal may include links to third-party websites. This may include links to sites owned by associated companies of the SAFEX International e-Learning Portal Provider. Any link is provided solely for your convenience and is accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. If you choose to use any of the links provided, you should read the terms and conditions and privacy statement of the third party website. The SAFEX International e-Learning Portal Provider does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.
Top4. Amendments to the Terms
We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Portal. If we do so, the updated version will be effective as soon as it is uploaded on to this Portal. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Portal to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Portal you will be deemed to have accepted those changes from the point at which these changes come into effect.
TopPart 2
5. Terms applying if you register for the SAFEX International e-Learning Portal
These Terms and Conditions ('Terms') apply to the provision of services advertised on https://www.safex-training.org (the 'Portal')
For the purposes of these Terms:
- 'Company Manager' means the person/s appointed by the "Licence Holder" to deal with the running and administration of the licence granted by the SAFEX International e-Learning Portal Provider.
- Licence is the licence to have access to a particular Services on the Portal as paid for by the Licence Holder and agreed by the SAFEX International e-Learning Portal Provider.
- 'Licence Holder' means the Company or Individual who has been granted a Licence to use the Portal in accordance with these Terms.
- 'Register' means the assignment of an account by the Company Manager to a specific individual by registering their email address and password. ‘Registering’ for access and the term "registration" and “Registered User” shall be construed accordingly.
- 'Services' means the provision of the Portal and the provision of other support;
- SAFEX International e-Learning Portal Company Manager (hereinafter SAFEX International e-Learning Portal Company Manager)’ means the information technology team and administration team based at Cranfield University who have responsibility for running and maintaining the Portal and administering the SAFEX International e-Learning Portal.
- 'you' means those receiving the Services including both the Registered User and the Licence Holder;
- 'we' and 'us' means the SAFEX International e-Learning Portal Provider who will provide the Services to you.
6. Provision of the Services
The Licence Holder and any Registered User agrees to adhere to these Terms and Conditions. The Licence Holder will be assigned an account by the SAFEX International e-Learning Portal Company Manager corresponding to the role which is agreed.
An individual Account will be activated when the Company Manager creates it for an individual user and this will allow access to the Portal. The Individual User will be notified of the account details by email. Once an Account has been assigned to an individual user that Account will provide access to the Portal for a period of 12 months. Accounts will automatically disable if unused after a period of 3 Months starting from the date the Account was created by the SAFEX International e-Learning Portal Company Manager, after a further 3 months of inactivity the account will be deleted. The Company Manager is responsible for administering the Accounts to Registered Users. The Company Manager is responsible for assigning an email address and password to an individual user.
We will provide the Registered User with a “welcome email” sent to the registered email address and access to the Portal following Registration of that individual by the Company Manager. Each Registered User will need to log on using the chosen email address and password to access the Portal. The Registered User will be prompted to change their password on the initial log-in to maintain security and every 3 months thereafter.
Registered Users can log onto the Portal from any computer using the email address and password. You should be aware that not all computers have the software that will enable you to access the Portal. You will need a HTML5 compatible Internet Browser and an Internet connection. We reserve the right to change software requirements; you will be notified if any such changes are made.
If you do not have the correct software or are experiencing other technical difficulties you should contact the Company Manager, which can be done via the Portal. If Registered Users require technical advice they should always contact their Company Manager provider in the first instance.
The SAFEX International e-Learning Portal Provider will provide technical support to the Licence Holder. On their assessment any technical or content support issues beyond their remit will be escalated to the UK based technical support teams operating within UK normal business hours and will be dealt with as soon as possible. Requests made outside of normal UK business hours will be dealt with as soon as possible on the next working day. The SAFEX International e-Learning Portal Company Manager will use reasonable skill and care in providing any technical support and will use reasonable endeavours to ensure that this service is available to you. However, the SAFEX International e-Learning Portal Company Manager and the SAFEX International e-Learning Portal Provider cannot guarantee the availability of technical support.
You acknowledge and accept that periods of downtime may be required in respect of the Portal in the circumstances outlined in these Terms at paragraph 1 and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
Subject to the Terms, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice, you should ensure that such advice is strictly followed.
Top7. Log-in/Registration
Once an individual user has been assigned an Account by the Company Manager an individual user can log-in to the Portal. When logging in for the first time the individual user will be asked to input the email and prompted to change their password. Once an Individual User has completed this phase they are then deemed to be a Registered User.
A Registered User is responsible for all activities that occur under their user name and password. A Registered User must keep their user name and password confidential. A Registered User must notify their Company Manager if anyone other than the Registered User logs-in using their email address and password or if the Registered User believes that their user name or password is no longer confidential. The Company Manager must notify us immediately of such an occurrence. We reserve the right to require you to alter your username and password if we believe that they are no longer secure.
The information that you provide to us when you register for a SAFEX International e-Learning Portal or at any other time is subject to paragraph 16.
Top8. Quality of the services
We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the SAFEX International e-Learning Portal community aims which are set out on the Portal.
We cannot promise that access to the Portal will be uninterrupted or error free. We reserve the right to suspend access to the Portal for scheduled maintenance, although this will be kept to a minimum. However there may also be occasions when access to the Portal is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Portal. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of SAFEX International e-Learning Portal Provider.
We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the SAFEX International e-Learning Portal aims which are on the Portal) and we expect you to take reasonable care to verify that the site will meet your needs. Further, we do not make any commitment to you that you will obtain any particular result from your receipt of the services.
We do not make any commitment that the Portal will be compatible or operate with the software or hardware on your computer. It is your responsibility to ensure that you have access to an HTML5 compatible Internet Browser and an Internet connection.
In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Portal, you do so at your own risk.
Additional charges may be payable to third parties for use of the software necessary to view and download the Portal. You are responsible for paying these charges.
All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Top9. Services to You
We reserve the right to stop providing the Services to you immediately in the event that:
- you fail to comply with these Terms; or
- you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff, or that your conduct is violent or threatens the physical safety of our staff.
- If we exercise this right we will notify you via email. We will then immediately suspend your access to the SAFEX International e-Learning Portal Portal.
10. Complaints
In the event that a Registered User has a Complaint we ask that you refer in the first instance to the Company Manager, who can then contact the SAFEX International e-Learning Portal Company Manager. If the Licence Holder has a complaint please direct your queries to the SAFEX International e-Learning Portal Company Manager.
Top11. Our Liability to You
The exclusions and limitations of liability contained in these Terms do not apply to:
- any loss or damage resulting from death or personal injury caused by our negligence;
- loss or damages arising from our fraudulent misrepresentation; or
- any other losses which may not be excluded or limited by law.
We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, a pandemic, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.
In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.
We are not responsible to you for any data that you lose as a result of accessing the SAFEX International e-Learning Portal Portal. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Portal, and (ii) all data that you are inputting when accessing the Portal.
Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
Top12. Privacy
When you provide us with any personal data, you consent to the processing of all such personal data.
When you Register with us, you may be asked to provide the following information for each individual user:
- your full name including title;
- your address (and correspondence address if different);
- email address;
- primary telephone number;
- your employer details;
The Licence Holder and Company Manager and SAFEX International e-Learning Portal Provider will have access to all the data you provide to us.
We may use your personal information:
- to answer your queries or complaints;
- to deliver our services,
- to support your experience;
- to provide site materials;
- to carry out administration;
- for general statistics and research;
- for obtaining any relevant professional advice;
- as may be required by law or in connection with legal proceedings (including where we intend to take legal proceedings), or as may be necessary to establish, exercise or defend our legal right Giving information for other people.
We may also give your information to third parties who may take over part or all of the SAFEX International e-Learning Portal in the future. We may use your information to send you regular updates about:
- our services and materials;
- additions to the Portal;
- customer feedback surveys
If you give us information about another person, the other person must have agreed to let:
- us process all their personal data; and
- You receive any data protection notices for them.
When you send information for someone else, you are confirming that you have told them:
- which data they must give;
- which information is voluntary; and
- how they can access and, if necessary, correct the data we hold about them.
You have the right to ask for a copy of all the information we hold about you and to correct any inaccuracies. To obtain a copy of this information, please contact your Company Manager who in turn will contact the SAFEX International e-Learning Portal Provider. For further information about the SAFEX International e-Learning Portal Company Manager’s duties and role under the Data Protection Act please see http://www.cranfield.ac.uk/legal/foi/page2524.jsp
Your account is password protected and all information including your password is on a secure server, which only a limited number of employees can access. If you think someone else knows your password, or is using it, tell us immediately. Even though we take appropriate technical steps to protect your security, you should remember that data transmission over the internet cannot always be guaranteed as 100% secure so you use the Portal at your own risk.
The Portal contains non persistent Cookies. The Cookies are saved only while your web browser is running. They can be used by a web server only until you close your browser. They are not saved on your PC. These cookies are stored in RAM and are automatically destroyed when the user closes the Web browser. You can disable cookies but if you do, you may not be able to use certain features on our site and you may need to enter your password more frequently.
You should note that if our business (or any part of it) is sold or transferred at any time, the information we hold may form part of the assets transferred although will still only be used in accordance with this privacy statement.
Top13. Ownership
This Portal URL and website system is owned by Cranfield University, which is a Charitable Foundation incorporated in the United Kingdom. The copyright in the Course Materials and all content provided on this Portal including all of the graphics, text products, audio, music and design is owned jointly by the SAFEX International e-Learning Portal Providers. All rights reserved. Cranfield University’s name and logo remains the copyright property and registered trademark of Cranfield University.
Top14. Contacting SAFEX International e-Learning Portal Providers
You can contact us via the Portal: https://www.safex-training.org
Top15. General
Subject to these Terms you agree that we reserve the right to withdraw all or part of the Portal at any time.
These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms.
The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The continued use of the SAFEX International e-Learning Portal Portal following any changes to the Terms will mean that you accept such changes.
TopLast revision date: 07/08/2020.