Terms and Conditions
This agreement applies as between you as the User of this Website and GIL Learning. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information and credentials used by Users to access the Website and the Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that GIL Learning makes available through the Website either now or in the future;
“Online Courses”: means the courses you purchase and are made available to you through the Website;
"Services": means the services available to you through this Website, specifically use of the GIL Learning proprietary e-learning platform;
"System": means any online communications infrastructure that GIL Learning makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by GIL Learning Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (learning.gil-global.com) and any sub-domains of this site (e.g. subdomain.learning.gil-global.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means GIL Learning and/or any of our affiliates.
2. Age Restrictions
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult.
3. Business Customers
In exchange for your access to the Website, you agree not to take any steps that are intended to or could damage, inhibit or prevent operation of the Wesbite or that could cause injury to yourself, to Us, or to any third parties.
4. Intellectual Property
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software that are owned by or licensed to GIL Learning, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by copyright, trademark, or other intellectual property rights, and other applicable laws.
4.2 You may not reproduce, copy, distribute, store or in
any other fashion re-use material from the Website unless otherwise indicated
on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Links to Other Websites
6. Fair Use of Intellectual Property
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of GIL Global or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
7. Links to Other Websites
Those wishing to place a link to this Website on other sites may do so only to the home page of the site GIL Learning without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at .
8. Use of Communications Facilities
- 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 8.1.1 You must not use obscene or vulgar language;
- 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 You must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 You must not impersonate other people, particularly employees and representatives of GIL Learning or Our affiliates; and
- 8.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 8.2 You acknowledge that GIL Learning, our agents and suppliers reserve the right to monitor any and all communications made to Us or using Our System.
- 8.3 You acknowledge that GIL Learning, our agents and suppliers may retain copies of any and all communications made to Us or using Our System.
- 8.4 You acknowledge that any information you send to
Us through Our System may be modified by Us or our agents or suppliers in any
way and you hereby waive your moral right to be identified as the author of
such information. Any restrictions you may wish to place upon Our use of such
information must be communicated to Us in advance and We reserve the right to
reject such terms and associated information.
8. Links to this Website
9. Use of Communications Facilities
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal detailswhich may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit the information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account.
9.4 When choosing your username you are required to
adhere to the terms set out above in Clause 9. Any failure to do so could
result in the suspension and/or deletion of your Account.
10. Termination and Cancellation of Accounts
10.1 Either GIL Learning or
you may terminate your Account. If We terminate your Account, you will be
notified by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, We reserve the right to terminate without giving
11. Certificate of Completion
11. Termination and Cancellation of Accounts
- 11.1 If you successfully complete an Online Course, We will issue you a Certificate of Completion. The Certificate of Completion represents that you have successfully satisfied the standards and criteria set by Us. The Certificate of Completion does not represent, and is not a warranty or guaranty by Us, that you have fulfilled any requirements, coursework or proficiency standards of any licensing bodies or boards, or satisfied any standards other than those set by Us. You agree not to misrepresent to anyone or any company the scope of the Online Course or what the Certificate of Completion represents. If you violate the terms of this provision, you agree to indemnify and hold harmless Us, our agents and suppliers for any third-party claims or actions arising from your statements, work, the Online Courses or the Certificate of Completion, whether arising in contract, tort, or otherwise.
11.2 If you have any questions relating to the Certificate of Completion, please contact Us by email at .
13. How We Use Your Personal Information (Data Protection)
12. Services, Pricing and Availability
- 13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 13.2 We may use your personal information to:
- 13.2.1 Provide Our Services to you;
- 13.2.2 Process your payment for the Services; and
- 13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 13.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 13.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
13. Orders and Provision of Services
14. Cancellation of Orders and Services
- 14.1 We make no warranty or representation that the Website or the Content of this Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 14.4 Whilst We use
reasonable endeavours to ensure that the Website is secure and free of errors,
viruses and other malware, you are strongly advised to take responsibility for
your own internet security, that of your personal details and your computers.
15. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. Availability of the Website
16. How We Use Your Personal Information (Data Protection)
- 16.1 The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 16.2 We, our parents,
affiliates, or any of our respective investors, directors, officers, employees,
agents and suppliers accept no liability for any disruption or non-availability
of the Website resulting from external causes including, but not limited to,
ISP equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
17. Limitation of Liability
- 17.1 In no event will We, our parents or affiliates, or any of our respective investors, directors, officers, employees, agents and suppliers, be liable to you or any third party for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, punitive, incidental, consequential, special or exemplary damages arising from the use of the Website (including any information, products or services advertised in, obtained on or provided through the Website or Content created on or through the Website) or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 17.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18. Changes to the Facilities and these Terms and Conditions
19. Previous Terms and Conditions
19. Availability of the Website
These Terms and Conditions constitute the entire agreement between you and Us. They govern your use of the Website (but excluding Services, if any, that We may provide to you under a separate written agreement), and completely replace any prior agreements between you and Us in relation to the Website. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Third Party Rights
20. Limitation of Liability
Unless otherwise expressly stated, nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and GIL Learning.
21. No Waiver
- 21.1 All notices / communications shall be given to Us by email to . Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 21.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
22. Previous Terms and Conditions
22. Law and Jurisdiction
23. Third Party Rights
These Terms and Conditions and the relationship between you and GIL Learning shall be governed by and construed in accordance with the Law of England and Wales and GIL Learning and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.