HOLISTICA ONLINE PLATFORM TERMS AND CONDITIONS

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Holistica Online Training Platform – Learning Management System (LMS) Terms and Conditions

Terms & Conditions

These Terms and Conditions apply to all organisations and their employees using the Holistica Online Training Platform Learning Management System (LMS). The Holistica Online Training Platform is property of Holistica Consulting Ltd.

In this document “Organisation”, “Customer” and “You” refers to the customer or client who enters into this agreement to allow their employees use of the LMS. “Learners’ or “Users” refers to the organisation’s employees who access the LMS.

By accepting these Terms and Conditions and by using the Holistica Online Training Platform you are entering into a legal agreement with Holistica Consulting and agree to always adhere to them.

If you do not agree to be legally bound by all of these Terms and Conditions please

do not continue to use the Learning Management System.


1. Access, Registration Details and Password Security

  1. Access to the core functionality and content, as defined by Holistica Consulting, of the LMS is provided ONLY to registered Learners whose Organisation has an agreement with Holistica Consulting to use the LMS system and online content.

  2. Users must be a human. Accounts registered by “bots” or other automated methods are not permitted. Users must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

  3. A User login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.

  4. You are responsible for maintaining the security of your account and password. Holistica Consulting’s LMS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  5. You are responsible for all chat and forum Content posted by your Users and activity that occurs under your company account (even when Content is posted by others who have accounts under your account).

  6. One person or legal entity may not maintain more than one free account where applicable. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.1 Personal Information

  1. When Learners are registered to use the LMS we will require personal information that will be used to identify the Learner on the system. This will be provided by the Organisation or individual Learner and is usually in the form of a name and email address only.

  2. Where Learners leave an Organisation, it is the responsibility of the Organisation to inform Holistica Consulting who will delete registration details of the account and deactivate it.

  3. Learners must not disclose their username or password to any other person and must make every effort to ensure that it is not disclosed.

  4. We reserve the right to change a learner’s password at any time if we have reason to believe there has been, or is likely to be, a breach of security or misuse of the password.

2. Availability and Uptime of the System

  1. We aim to provide you with the best possible service but we do not warrant that the service will be uninterrupted or error free. The platform is being housed on an Enterprise scale Microsoft Azure based host and so platform performance is contingent on their performance. Although we will do all that we can to correct or put right any system issues, we accept no responsibility

    or liability in respect thereof.

  2. We may need to suspend or restrict access to the LMS from time to time for maintenance or repair purposes. If we do so we will endeavour to inform you and to restore the service as soon as reasonably possible.

3. Right to restrict, suspend or terminate registration and access

  1. We reserve the right to restrict access to any part of the LMS to individuals.

  2. We reserve the right to prevent, suspend, or terminate your registration and/or access to the LMS if you breach any of these Terms and Conditions and/or otherwise at our absolute discretion.

4. General Disclaimer

  1. Considerable effort is made to ensure the all content created by us is legally accurate, up-to-date and complies with general operational procedures in the relevant country. However, we accept no responsibility or liability whatsoever with regard to the content on the LMS.

  2. The content does not constitute legal or any other type of professional advice and should not be relied upon for this purpose.

  3. To the fullest extent permitted by applicable law, you agree that Holistica Consulting accept no responsibility or liability for any loss, damage or inconvenience, howsoever caused, arising from, or in connection with, any use of, or reliance placed upon, the information found on the LMS.

5. Contributions to Forums

Learners invited to contribute to the Forums (where applicable), undertake to ensure that:

  1. the contribution does not contain any defamatory, libellous, racist,homophobic, obscene, offensive, vulgar, insulting, threatening, abusive, or otherwise objectionable material;

  2. the contribution does not encourage conduct that constitutes a criminal offence, or is likely to result in civil proceedings or otherwise infringes any applicable laws, regulations or codes of conduct;

  3. the contribution is your own original comment/material and does not plagiarise, infringe or misappropriate any third party intellectual property rights or confidential information;

  4. Learners waive any and all moral rights in your contribution. Holistica Consulting has absolute discretion to remove any material posted on the LMS and its forums.

  5. By submitting your contribution to us you warrant that the above conditions have been complied with and you indemnify Holistica Consulting and the Holistica Online Training Platform against any loss, liability, costs or damage which they may incur as a result of, or in connection with, a breach of this warranty.

6. Intellectual Property Rights

  1. All Background Intellectual Property Rights and registered trademarks used in the content shall remain the property of the party introducing the same. For the avoidance of doubt all Trade Marks are part of the Background Intellectual Property of the respective party.

  2. Learners shall not, and shall not assist, authorise or encourage any third party(without prior written consent) to;

    a) use any Background Intellectual Property Rights or Intellectual PropertyRights owned by Holistica Online Training Platform or any other acknowledged third party, for any purpose other than the Purpose of accessing e-learning via the LMS under these terms and conditions;

    b) use or transmit any Background Intellectual Property Rights or Intellectual Property Rights owned by Holistica Online Training Platform, or any other acknowledged third party, on or to any other website or network;

    c) modify or create derivative works based on any Background IntellectualProperty Rights (including the Trade Marks) or Intellectual Property Rightsowned by Holistica Online Training Platform, or any other acknowledged third party;

    d) use any Content or any part thereof, to provide services to third parties orallow any third party to have access to or use of the Content or any partthereof, for any purpose whatsoever, other than for demonstration purposes;

    e) remove or modify any Holistica Online Training Platform, or any other third party, marking of confidentiality, proprietary information, copyright notice or trade mark contained within the LMS or on or in any of the Content;

    f) make copies of, or any modifications or enhancements to, any of theServices; or

    g) copy, reverse engineer, disassemble or decompile the Content or any portion thereof, nor permit any third party to do so.

  3. The materials on the LMS (including but without limitation the text, artwork, graphics, photographs, film footage, trademarks and logos) are subject to copyright and/or other intellectual property rights. You agree to comply with our all copyright notices attached to materials

7. Links to External Material and Third Party Web Sites

  1. We provide links to various third-party web sites. We are providing these links solely as a convenience. Such linked third-party sites are not under our control. We have not reviewed all of the sites and are not responsible or liable for the contents available at any such linked site.

  2. The appearance of a third-party link on this site does not imply our endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.

8. License – Conditions of Use

  1. The Organisation and their Learners are granted a limited, non-exclusive, non-transferable licence to use the LMS. This license is granted subject to the Learner and the Organisation complying with all the terms and conditions.

  2. Nothing in this Agreement shall be construed as restricting Holistica Online Training Platform rights to licence, sell, lease, market, publish or otherwise distribute in whole or in part, directly or through a third party any Products or Services or to develop and/or provide Hosting Services in respect of any LMS for any third parties.

  3. Organisations and Learners may not use the LMS to provide services to organisations outside of their own without Holistica Consulting’s prior written permission.

  4. Organisations and Learners may not use the LMS to facilitate income generation without prior written consent from us.

9. Data Protection

  1. The Holistica Online Training Platform stores and uses data within the Learning Management System in accordance with the Data Protection Act 1998. By agreeing to these terms and conditions, Learners consent to Holistica Online Training Platform or its parent organisations holding and processing data in the ways described below.

  2. The personal information of Learners is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. No personal details are passed on to third-parties nor shared with companies / people outside of Holistica Online Training Platform.

10. Personal Data

  1. The personal data supplied by the Organisation and held by the LMS is handled typically as follows (although the conventions may alter slightly):

    First Name: this is used to identify the account holder for the purposes of

    account access, training management and communicating with the Learner.

    Last Name: this is used to identify the account holder for the purposes of

    account access, training management and communicating with the Learner.

    Email Address: this is used for the purposes of communicating with the

    learner.

    Training History: this data is created by the LMS and held for the purposes of training management and related matters only.

    Rank: this is used for the purpose of training management.

    Identifiable personal data is accessible by Holistica Online Training Platform only, but on request, they may give access to; the Learner, the Domain Administrator, training administrators, and the Learner’s line manager.

    Identifiable personal data is never shared with outside organisations.

    Identifiable personal data held in the LMS is never used to communicate with the Learner outside of the purposes of training provision or management.

    Identifiable sensitive personal data is never passed to third-party organisations. Where an account is closed, Personal data and sensitive personal data is completely removed from the LMS after six months.

    Where a Learner or Organisation requests we will aim to remove personal data within a month of the written request.

11. Confidentiality

  1. Learners shall not use, nor disclose to any third-party any confidential information.

  2. Any confidential information obtained from, or relating to, the disclosing party shall be the property of the disclosing party.

12. Amendments to Terms and Conditions

  1. We may update or amend these Terms and Conditions from time to time. Any changes will be posted online within this file and will take effect from the date of posting.

  2. You are responsible for reviewing this file regularly to ensure you are aware

    of any changes made to the Terms and Conditions. Your continued use of the LMS after the changes have been posted means you agree to be legally bound by the new Terms and Conditions.

13. Licence Agreement, Renewal and Cancellation

  1. Licences are paid annually in advance. The licence period commences from the Confirmation of order.

  2. Licences are provided on a worldwide, non-exclusive basis only to the Customer as named on the Order for the Customer’s own internal use. Use of the Services under the licence is restricted to employees directly employed by the Customer up to the user limit set and agreed at the time of ordering

  3. Licences are valid for one calendar year from the Confirmation and renewed on a rolling annual basis, unless terminated in accordance with these terms:

  4. The Customer notifies Holistica Consulting in writing of their intention not to renew their licence for another year at any time prior to 14 days (the cancellation deadline date) before the annual renewal date.

  5. Once the cancellation deadline date has passed (ie. less than 14 days prior to the annual renewal date), an invoice will be issued and the Customer will be liable for the next full year’s licence fee.

  6. A Customer will not be able to cancel an order once the Services have been

    accessed. A Customer may cancel an order up to 14 calendar days from Confirmation of order and before such Services are accessed.

    Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.

    In case you decide to cancel your purchase of a course, it can be done in the following way:

    By filling out Cancellation Form and sending it via (PROVIDER PLEASE INSERT ADDRESS)

    If you cancel the purchase of a course within 14 calendar days as mentioned above, we will refund you for all payments made as a part of your purchase within 14 calendar days from the day we accept that you are entitled to a refund.

14. Price or Service Modification

  1. Holistica Consulting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service. Where possible and deemed significant this will be done with notice.

  2. The content, sequence and structure of the material in the LMS may differ from what is shown in marketing material or other correspondence relating to course agendas. This will be usually in order to improve and enhance the learning experience.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom and any disputes arising shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

End.