TERMS & CONDITIONS

eTree Courses Terms & Conditions

 The following terms and conditions (the “Terms“) apply to our provision and your use of the information, services and materials (“Online Content and Courses“) through the eTree Courses website (the “Website“) including you visiting and browsing the Website (being a “Visitor“).

These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (“Privacy Policy”).

Please read these Terms carefully. If you do not agree to these Terms, you must stop using the Website and the Online Content and Courses immediately.

1. About Us

1.1    In these Terms, references to “we” or “us” are to eTree Courses, found at www.etreecourses.com, Grosvenor House, 11 St Paul’s Square, B3 1Rb, Birmingham, West Midlands..

1.2 In these Terms, references to “you” or “your” are references to you whether as a Learner or Visitor.

1.3 eTree Courses offers Online Content and Courses from universities and other educational institutions from across the world (“Partner Institutions“).

1.4    If you have any questions about these Terms or wish to contact us for any reason please click on “contact”.

2. Using the Website (Learner conduct)

2.1    By accessing and/or using this Website and the Online Content and Courses (by whatever means or device and whether as a Visitor or a Learner), you confirm that you have read, agree and are in compliance with these Terms, the Privacy Policy, and all applicable local, national and international laws, rules and regulations (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.

2.2    Your use of and access to this Website and the Online Content and Courses is subject to your agreement. Failure to comply or agree will be a breach of these Terms by you:

  1.           you agree to use the Website and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  2.            you agree not to use the Website or access the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
  3.          you agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under section 7.11;
  4.        you agree not to alter or modify any part of the Website or any of the Online Content and Courses;
  5.       you agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
  6.      you agree not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and Courses;
  7.         you agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  8.         you agree not to use or access the Website or Online Content and Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:
  9.         the sale of access to the Online Content and Courses or any associated content;
  10.          the solicitation of business in the course of trade or in connection with a commercial enterprise; and

iii.           the solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content

  1.             you agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
  2.           you agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
  3.        you agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
  4.        you will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purposes other than as permitted by these Terms without our prior written consent or the prior written consent of the respective licensors/owners of the Courses and Content on the Website;
  5.        you agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any eTree server or the network(s) connected to any eTree server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
  6.          you agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
  7.        you agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
  8.       you agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
  9.        you agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
  10.         you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms,our Privacy, and Cookies Policies).

2.3    You agree to comply with these Terms in relation to any Learner Content (as defined in paragraph 7.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 7.6 to 7.9 below).

2.4    We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

2.5    You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

2.6    Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.

2.7    You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.

2.8    You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including, but not limited to, any loss or damage which we or any third party may suffer) of any such breach.

3. Course Providers

3.1    We may make certain Online Content and Courses available to Learners who are registered students of our Partner Institutions and other educational institutions, sponsors, non-profit organisations and individuals (together “Course Providers”).

3:2    the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or prerequisites for receiving credit or certification for the Online Content and Courses, and/or your educational or student records as they may relate to your participation and performance in the Online Content and Courses; and

3:3    your educational or student records are maintained by the Partner Institution (and not by us), including for purposes of completing the courses you are registered for at such Partner Institutions, assigning credit or certification.

3.4    We and the Course Administrator reserve the right to cancel, interrupt or reschedule any Online Content and Coursesor modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.

4. Privacy and Security

We respect your right to privacy.  You acknowledge that by using the Website you consent to the collection, use and disclosure of certain information as set out in our Privacy Policy and Cookies Policy.  While we will do everything to protect the security of your information, content and accounts (if applicable), we cannot guarantee that unauthorised third parties will not be able to breach our security measures.  You acknowledge that you provide your information to us at your own risk.

5.Linking to Other Sites

5.1 The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.

5.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

(a)     we have no responsibility for the accuracy or availability of information provided by Linked Sites; and

(b)     we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.

5.3 We may remove any links to Linked Sites from the Website at any time for any reason.

5.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.

5.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.

6. eTree Courses Intellectual Property Rights

6.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 6 above.

Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.

6.2 Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.

6.3 If any Online Content and Courses or eTree Courses vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.

6.4 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

7. Your Liability to Us

7.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:

  1.           you submitting your content to the Website or participating in the Online Content and Courses;
  2.           your access to or use of the Website or Online Content and Courses;
  3.           your breach of any of these Terms; and
  4.           any negligent act or omission, deliberate default or breach of statutory duty on your part.

7.2     Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.

7.3     This paragraph 7 survives the expiry of these Terms.

8. Our Liability to you

8.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.

8.2 The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.

8.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):

  1.           any loss of profit (directly or indirectly);
  2.           any loss of goodwill;
  3.           any loss of opportunity; and
  4.           any loss of data suffered by you.

8.4 We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.  We do not warrant that defects in the Website or Online Content and Courses will be corrected.

8.5 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.

8.6 We accept no responsibility for any loss or damage incurred by you as a result of:

(a)     any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;

(b)     any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;

(c)     the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;

(d)     your failure to provide us with accurate account information; and

(e)     your failure to keep your account details secure and confidential.

8.7 We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.

9.Governing Law

9.1 These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not, and the relationship between you and us is governed by the laws of England and Wales.

9.2 Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.

9.3 Notwithstanding paragraph 9.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.