Terms and conditions (user terms)
Welcome to Form LMS, Me Learning’s learning management system (‘LMS’).
Me Learning Limited (referred to as ‘Me Learning’, ‘us’ or ‘we’ in these terms) is the owner of this LMS. Me Learning is a private limited company incorporated in England and Wales with company number 5842638, whose registered office is The Barn, Brackwell Farm, Nether Winchendon, Aylesbury, Bucks. HP18 0DS.
In these terms and conditions, ‘you’ or ‘your’ refers to the user or viewer of our LMS.
‘Course Content’ means the content of Courses, including the Downloadable Material.
‘Courses’ means the courses made available on our LMS that you have been granted access to via the login details you have been provided with.
‘Downloadable Material’ means any materials that you are expressly invited to download as part of a Course.
1. Licence to use our LMS
1.1. You may:
1.2. You must not:
1.3. You must retain, and must not delete, obscure or remove, any and all copyright notices and other proprietary notices in the Course Content, including the Downloadable Material.
1.4. You acknowledge that the Downloadable Material may be protected by digital rights management technology and that we may use that technology to enforce the provisions of these terms.
1.5. You may not authorise any third party to access or use our LMS without our prior agreement.
1.6. Except as expressly permitted by Section 1.1 or the other provisions of these terms, you must not download any material from our LMS or save any such material to your computer.
1.7. You may only use our LMS for your own personal learning and development purposes; you must not use our LMS for any other purposes.
2. Misuse of our LMS
2.1. You must not use our LMS in any way or take any action that causes, or may cause, damage to our LMS or impairment of the performance, availability, accessibility, integrity or security of our LMS or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or do anything that interferes with the normal use of our LMS.
2.2. You may not create a link to our LMS from another website or document without Me Learning’s prior written consent.
2.3. Unauthorised use of our LMS may give rise to a claim for damages and/or be a criminal offence.
3. User login details
3.1. You must keep your user login details and password confidential and notify us in writing immediately if you become aware of any disclosure of your password.
3.2. You are responsible for any activity on our LMS arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
4. Availability of our LMS
4.1. We reserve the right to suspend or restrict access to our LMS, to areas of our LMS and/or to functionality upon our LMS. We may, for example, suspend access to our LMS during server maintenance or when we update our LMS or Course Content. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our LMS. We will try to give you reasonable notice of any suspension or restriction.
5.1. Although every effort has been made to ensure the accuracy of Course Content at the time of publication, we make no warranties, representations or guarantees of any kind that the Course Content is accurate, complete, up to date or fit for any particular purpose.
5.2. The Course Content is not intended to amount to advice on which you should rely, and you should take professional or specialist advice before taking, or refraining from, any action on the basis of Course Content.
5.3. Our LMS or Courses may include links to other websites or details of external sources of further information or assistance provided by third parties. These links are provided for your convenience to provide further information. They do not signify that we endorse, recommend or approve the websites, information or third parties. We have no control over, and accept no responsibility for, the contents of the linked websites or resources.
5.4. You acknowledge that Course Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.5. Your use of the Courses, Course Content and any other information or materials on our LMS is entirely at your own risk. It shall be your own responsibility to ensure that any Courses, Content or other information available through our LMS meet your specific requirements.
6. Intellectual property
6.1. Our LMS is Copyright (c) 2020 Me Learning Limited.
6.2. Subject to Section 6.5, all copyright and other intellectual property rights in the materials contained on our LMS and within the Courses, including but not limited to content, graphics, code, text, design, layout, look and appearance (‘Materials’), are owned and controlled by us or our licensors. If you are using our LMS as an employee of one of our clients to access Courses that your employer makes available for you, some of the Materials in those Courses may be owned and controlled by your employer and licensed to us for the purpose of providing those Courses to you on our LMS.
6.3. All copyright and other intellectual property rights in our LMS and the Courses available on our LMS are reserved, except where otherwise indicated.
6.4. The Materials in whole or in part may not be modified, reproduced, republished, uploaded, posted, transmitted, displayed, distributed or exploited by you in any way. Such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Me Learning or its licensors.
6.5. All trademarks reproduced in our LMS and the Course Content which are not the property of, or licensed to us, are acknowledged on the LMS or within the Course Content.
7. Limited warranties
7.1. We do not warrant or represent:
7.2. We reserve the right to discontinue or alter any or all of the Courses or other services on our LMS, and to stop publishing our LMS, at any time in our sole discretion without notice or explanation.
7.3. To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these terms, our LMS and the use of our LMS.
8. Limitations and exclusions of liability
8.1. Nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.
8.2. The limitations and exclusions of liability set out in this Section 8 are subject to Section 8.1 and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.4. We will not be liable to you in respect any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.5. We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us as a consumer, this Section 8.5 shall not apply.
8.6. We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us as a consumer, this Section 8.6 shall not apply.
8.7. Our aggregate liability to you shall not exceed an amount equal to the price paid for the Courses.
9. Cookies used on our LMS
10. Processing of personal data collected via our LMS
10.1. If you are accessing our LMS as an individual consumer user, we are the data controller for the personal data collected via our LMS and in relation to your use of our LMS. If you wish to exercise any of your rights under data protection law in relation to this personal data, please contact us using any of the contact details or methods published on our website.
10.2. If you are accessing our LMS as an employee of one of our clients, your employer is the data controller for the personal data collected via our LMS and in relation to your use of our LMS, and we are acting as a data processor for your employer under a contract for the provision of our LMS services. On the termination of a client contract, all data is archived and made inaccessible. Data will be retained for a period of 3 months, following which it will be deleted. However, please note that as your employer is the data controller, you will need to contact your employer if you wish to exercise any of your rights under data protection law in relation to this personal data.
11. Governing law and jurisdiction
11.1. These terms shall be governed by and construed in accordance with English law.
11.2. If you are accessing our LMS as a consumer, any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of England, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
11.3. If you are accessing our LMS as a business, any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of England.
12. Changes to these terms
12.1. We amend these terms from time to time. Every time you wish to use our LMS, please check these terms to ensure you understand the terms that apply at that time.