Adaptavist Learn Terms and Conditions Issued January 24, 2019
These are the terms and conditions (henceforth known as “Terms”) governing the use of Adaptavist Learn (https://learn.adaptavist.com) and any mobile or desktop apps described as Adaptavist Learn apps (henceforth known collectively as “Learn”) and these Terms constitute a legally binding agreement between Adaptavist Ventures (“us”/ ”our”/ ”we”/ ”Adaptavist”) and you (“you” / “customer” / “your company”). Learn is owned and operated by Adaptavist and these Terms set out the rights and obligations of all users including you and your company in relation to your use of Learn. Please read carefully these Terms and our Privacy Statement.
By using Learn, you hereby acknowledge that you have read and understood the these Terms and agree that your use of Learn is an acknowledgement of your agreement to be bound by the Terms and our Privacy Statement. Please note that we may revise the Terms at any time and without notice. If you do not agree to these Terms or the Privacy Statement, please refrain from using Learn. The Customer cannot cancel its purchase after it has started installing, copying, downloading or otherwise using the Software or indicating agreement.
2. Contracting entity and Jurisdiction
You acknowledge that the entity with which you enter into this contract is dependent upon your geographic location.
Clients residing in the United Kingdom and within the European Union shall, upon agreement, enter into a contract with Adaptavist Inc. Clients residing elsewhere shall, upon agreement, enter into a contract with Adaptavist Ventures Ltd. The terms of both contracts shall be construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the English courts.
Both Adaptavist Inc. and Adaptavist Ventures Ltd. are subsidiaries of the Adaptavist Group.
3. Accessing Learn
You are responsible for making arrangements necessary to have access to Learn. Access is provided on a temporary basis. We reserve the right to withdraw your right to use of Learn or to amend any aspect of Learn, and any service or material that we provide on Learn, in our sole discretion and without notice to you. Adaptavist will not be liable if, for any reason, all or any part of Learn is unavailable at any time or for any period.
4. Restriction of Use
You may not use Learn for any illegal purpose or in any manner inconsistent with these Terms. You agree to use Learn solely for you own non-commercial use and benefit, and not for resale or other transfer or distribution to, or use by or for the benefit of, any other person or entity, in whole or in part, without prior written consent of Adaptavist.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of Learn or misrepresent the source of ownership of Learn.
5. Intellectual Property Rights
(a) Learn and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the technology infrastructure, design, selection and arrangement thereof) are owned by Adaptavist, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, domain names, patent, trade secret and other intellectual property or proprietary rights laws. You are permitted to use Learn for your non-commercial use only. No right, title or interest in or to Learn or any content on Learn is transferred to you, and all rights not expressly granted to you herein are reserved by Adaptavist.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Learn, except as follows: (i) you may download materials from Learn and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices (ii) You may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device as required for your own personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (iv) if we provide social media features at any time, you may take such actions as are enabled by such features. You agree not to transfer or share any passwords or usernames for Learn services, or to make any aspect of the Learn services publicly available, without the express prior consent of Adaptavist or as set forth in the Terms.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Learn; or (iii) access or use for any commercial purposes any part of Learn or any services or materials available through Learn.
(d) The Adaptavist name, Adaptavist logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Adaptavist or its affiliates or licensors. You may not use such marks without the prior written permission of Adaptavist. All other names, logos, product and service names, designs, and slogans on Learn are the trademarks of their respective owners. Notwithstanding anything to the contrary, any content or software that can be downloaded from Learn is licensed, not sold, to you.
6. Limitations of Liability
The material available on our site is provided without any guarantees, conditions, or warranties as to its accuracy or fitness for any particular purpose. To the extent permitted by law, we and any affiliated companies under common control (“Adaptavist Group”), expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.
- Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it, and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
To the fullest extent permitted by applicable law, Adaptavist’s total cumulative liability arising out of or relating to this agreement or the subject matter hereof will not exceed the amounts paid by Customer to Adaptavist for use of Learn in the twelve months prior to the event giving rise to such liability. Learn software and services are provided to you “as is”, with all faults, without warranty and without performance assurances or guarantees of any kind.
7. Local Laws; Export Control
Adaptavist controls and operates Learn from England, United Kingdom ("UK"). Although Learn may be accessible worldwide, Adaptavist makes no representation that these Materials are appropriate or available for use in other locations. If you use Learn from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on Learn are solely directed to individuals, companies or other entities located in the UK, Europe, the United States and Australia.
You acknowledge and agree that Materials are subject to the UK Laws and Regulations and you acknowledge that nothing in these Terms gives or claims to give to any third party any benefit or right to enforce this agreement, and that the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded. Diversion of such Materials contrary to UK law is prohibited. You agree that Learn and any associated products or content from Adaptavist, will not be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the UK Government.
Adaptavist and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in Learn at any time without notice. Changes are periodically made to Learn to replace/update existing material or add new content.
9. Your Obligations and Representations
(a) You may use Learn only for lawful purposes and in accordance with this Policy.
(b) You agree and represent that: (i) you are of legal age to form a binding contract with Adaptavist; (ii) you will not use Learn in any way that violates any applicable local or international law or regulation; (iii) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms; (iv) you will not impersonate or misprepresent Adaptavist, an Adaptavist employee, another user or any other person or entity; (v) you will not do anything that could disable, overburden, damage, or impair Learn (vi) you will not attempt to gain unauthorised access to our site, servers, computers or databases connected to Learn or interfere with any person’s use of Learn; (vii) you will not use any device, process or means to access Learn for any unlawful purpose or in violation of this Policy; (viii) you will not introduce any viruses, trojan, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
10. Data Protection and Privacy
(a) You acknowledge that Adaptavist does and may collect and process technical and personal data information (“Data”) derived from your use of Learn and any related products or services for the sole purpose of improving the existing functionality of Adaptavist’s products, services and websites, providing you with updates and analyzing trends to assist us with continual improvement of Learn. This Data may include, but is not limited to, the following: (i) your name (ii) your email address (iii) your use of the system and session data, including what courses you have completed.
(b) In addition, please be aware that in order to allow you access to Learn, we may have also collected information such as your company or your IP address and operating system.
(c) We don't sell your Data, such as email address or course membership. Adaptavist may use your email
to (i) send you periodic updates or information about the site (ii) send you updates regarding courses
you're enrolled in and (iii) send you information regarding new courses that may be of interest to you,
unless you opt not to have this information sent to you.
Please contact firstname.lastname@example.org with any questions regarding the data we collect or requests to remove your details where possible.
(d) Your use of the system
Adaptavist also uses Google Analytics and Vimeo's statistics tools to provide us aggregate information on site use and engagement. Adaptavist are looking for patterns of usage so we can see which content is most engaging and which content is generally avoided or ignored. If some of the material isn't useful for people, Adaptavist can use these tools to identify that, and then we'll work to make the content better and more helpful.
(f) Data Protection Policy
Adaptavist Inc. and its group affiliates work within the principles of the EU’s Data Protection Act (DPA) and General Data Protection Regulation (GDPR) regarding the collection, use, and retention of personal information transferred from the European Union to the U.S. Adaptavist, as the data controller, is committed to upholding the terms and conditions of the GDPR and shall implement appropriate technical and organisational measures in an effective way in order to meet the requirements of this Regulation and protect the rights of data subjects, including the right to data erasure and the right to receive notification of any data breach without undue delay.
Under the DPA and GDPR, we are responsible for the processing of personal data we receive from the EU. We remain liable if third-party agents that we engage to process such personal data on our behalf do so in a manner inconsistent with the DPA or GDPR, unless we prove that we are not responsible for the event giving rise to the damage.
Adaptavist may share your personal information with third parties (i.e., vendors whose services Atlassian uses to deliver, maintain, or operate our services or business, including to market our services to you). If you wish to limit or restrict the use or sharing/disclosure of your personal information, you can email us at email@example.com.
Adaptavist agrees that on the termination of data-processing services, Adaptavist as the data importer, shall, at the request of the Customer or data subject, return all personal data transferred and the copies thereof to the Customer and shall destroy all the personal data and certify to the Customer that it has done so, unless legislation or integral processes within Adaptavist (such as book-keeping) prevents it from returning or destroying all or part of the personal data transferred. In that case, Adaptavist warrants that it will guarantee the confidentiality of the personal data transferred following the completion of Services.
You will not co-brand or share the content of Learn courses publicly without the express prior written permission of an authorized representative of Adaptavist. However, you may share or hyperlink the Learn website URL to encourage others to sign up to Learn via the Adaptavist website themselves.
Where Learn contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. Law and Jurisdiction
These Terms shall be construed under the laws of England and Wales, and you consent to the exclusive jurisdiction of the English Courts.
These Terms represent the entire understanding relating to the use of Learn and prevail over any prior or contemporaneous, conflicting, or additional communications.
13. Contact Information
The full name of our companies are:
Address: Unit 2 Waterside, 44-48 Wharf Road , London N1 7UX
Company Number: 10550338
VAT number: GB 263310632
Address: The Holland Building, 205 Park Central East, Suite 417, Springfield, MO, 65806.
Company Number: C3517784
VAT number: EIN 36-4751953
For questions on technical details of Learn, as well as Learn’s content, just contact us at firstname.lastname@example.org and we're happy to help.