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Terms and Conditions

ACKNOWLEDGEMENT AND ACCEPTANCE

By accessing the Services of DATAM LMS, users are deemed to have agreed to these Terms and the terms and conditions of our privacy policy (Privacy Policy). These Terms apply to all users, including but not limited to users who are simply viewing content available via the Services, users who have accessed the Services through an existing subscriber/member and users who have registered as members of the Services. If your clients use the Services it is your responsibility to ensure they are aware of and comply with these Terms. Any obligations we have under these Terms are restricted to the user who pays the Fees (in other words, we have no obligations to your clients if they use the Services).

We may, at our sole discretion, modify these Terms at any time. If you do not wish to be bound by these Terms, you must immediately discontinue your use of the Services. Your subsequent or continued use of the Services will constitute your acceptance of any changes.

DESCRIPTION OF THE SERVICES

  • The Services provide an online software platform for registered users (Users) to create and manage their own training website and allow end users to access this training website. We reserve the right to refuse to provide the Services to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

  • We provide back up of our user’s training websites, however, we do not warrant that the back-up will be free of errors or satisfy your requirements. For this reason we advise you provide your own back-up of important information.

  • DATAM LMS will update the Services to improve features. When an update occurs this may result in the temporary unavailability of the Services.

  • The use of the DATAM LMS Services is dependent on you obtaining and maintaining a suitable internet connection. The speed of the Service is dependent on the speed of the internet connection.

USE OF THE SERVICES

  • You must provide your legal full name, valid email address, and any other information requested in order to complete the signup process. Not all parts of the Services may be available to you or other authorized Users of the Services. You must keep your contact details up to date with us.

  • You must keep your user ID and password secure and confidential at all times. DATAM LMS is not liable for any damages (including damages relating to you not being able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of your User ID and/or Password.

  • You must not use your account to breach security of another User’s account or attempt to gain unauthorized access to another network or server. You must not interfere with anyone else’s use and enjoyment of the Services. Users who violate systems or network security may incur criminal or civil liability.

  • You must not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Services in a manner not authorized by DATAM LMS in writing. You must not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DATAM LMS or its affiliates without express written consent of DATAM LMS. You must not use Meta tags or any other "hidden text" utilizing DATAM LMS name or trademarks without the express written consent of DATAM LMS.

  • You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Content — including text, communications, software, images, sounds, data, or other information or use the Services in any way that leads to DATAM LMS Terms violation.

INTELLECTUAL PROPERTY

  • You acknowledge and agree that all content and intellectual property included on DATAM LMS website and learning management system (other than your uploaded content and data), including text, graphics, logos, button icons, images and software or any other form of intellectual property rights derived from aesthetics or functionality of the Services is the property of DATAM LMS Pty Ltd and is protected by international copyright, trade mark and other intellectual property laws. All programs used on this site are the property of DATAM LMS or its software suppliers and protected by international copyright laws. Any attempt to copy, amend, adapt, reverse engineer, disassemble, or decompile any such programs, unless explicitly permitted, is prohibited by law.

  • You warrant that you own the intellectual property rights in or are entitled to use any Content which is uploaded or transmitted when using the Services. You warrant that the uploading of this content by you does not breach any third party’s intellectual property rights.

  • You indemnify and will at all times keep DATAM LMS indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party's intellectual property rights.

  • You acknowledge and agree that if you require us to develop a bespoke feature for you, we own the intellectual property in that feature, including text, graphics, logos, button icons, images and software or any other form of intellectual property rights derived from aesthetics or functionality of that feature.


TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.


LIMITATION OF LIABILITY:

NEITHER DATAM LMS, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS SHALL BE LIABLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE SYSTEM, SOFTWARE APPLICATION OR CLIENT'S DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER PARTY FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER FORESEEABLE OR UNFORESEEABLE (WHETHER OR NOT A PARTY OR ANYONE ELSE

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER BASED UPON LOST GOOD WILL OR LOST PROFITS. IN ANY EVENT, DATAM LMS’ LIABILITY TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO KMS BY CLIENT UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

 

 
 
 
 
 
 
 
 
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