Adaptavist Learn Terms and Conditions Issued December 20, 2017

Introduction

These are the terms and conditions (the “Terms) governing the use of Adaptavist Learn (https://learn.adaptavist.com, as well as any mobile or desktop apps described as Adaptavist Learn apps, known collectively as the “Website”) and the agreement that operates between Adaptavist Ventures (“us”/”our”/”we”/”Adaptavist”) and you. The Website is owned and operated by usand these Terms set out the rights and obligations of all users including you in relation to your use of the Website. Please read carefully these Terms and our Privacy Statement.

By using the Website you are consenting to be bound by the then current Terms and our Privacy Statement. Please note, 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 the Website. The Customer cannot cancel its purchase after it has started installing, copying, downloading or otherwise using the Software or indicating agreement. If you (“You”/”Customer”) have any questions about the Terms or use of the use of the Website, please contact contractuals@adaptavist.com or Adaptavist Ventures., whose place of business is Unit 2 Waterside, 44-48 Wharf Road , London N1 7UX .

Accessing the Website

You are responsible for making arrangements necessary to have access to the Website. Access is provided on a temporary basis. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. Adaptavist will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

Restriction of Use

You may not use the website for any illegal purpose or in any manner inconsistent withthese Terms. You agree to use the website solely for you own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity

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 the website.

Intellectual Property Rights

(a) The Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the 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, patent, trade secret and other intellectual property or proprietary rights laws. Your are permitted to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, 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 the Website, except as follows: (i) you may download materials from the website 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.

(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 the Website; or (iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

(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 the Website are the trademarks of their respective owners. Notwithstanding anything to the contrary, any content or software that can be downloaded from the Website is licensed, not sold, to Customer.

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, provided that this condition shall not prevent claims for loss of or damage to your tangible property.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 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 the Website in the twelve months prior to the event giving rise to such liability.

Local Laws; Export Control

Adaptavist controls and operates this Website from England, United Kingdom ("UK") and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website 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 this Website 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. Diversion of such Materials contrary to UK law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, 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.

General

This Website could include inaccuracies or typographical errors. Adaptavist and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website to replace/update existing material or add new content.

Viruses, hacking and other offences

You must not knowingly introduce viruses, trojans, worms, or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our site or any of our servers, computers, databases or other connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

Your Obligations and Representations

(a) You may use the Website 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 the Website 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 ‘Content Standards’ (defined below); (iv) you will not impersonate or attempt to impersonate 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 the Website or interfere with any person’s use of the Website; (vi) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vii) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Data Protection and Privacy

Your Data

Adaptavist collects and processes technical and personal data information (“Data”) about your use of the Website for the sole purpose of providing updates, analyzing trends and improving Adaptavist’s products, services and Website. This may includes the following:

  • Your Name
  • Your email address
  • Your use of the system and session data, including what courses you have completed

In addition, please be aware that in order to allow you access to the Website, we may have also collected information such as:

  • Your company

We don't sell your Data, such as email address or course membership.

Adaptavist may use your email to:

  • send you periodic updates or information about the site;
  • send you updates regarding courses you're enrolled in;
  • send you information regarding new courses that may be of interest to you.

Please contact learn@adaptavist.com with any questions or requests to remove your details where possible.

Your use of the system

When you access your course, you can see which chapters you've completed and what updates have been added since you last accessed the course. Adaptavist track your course completion so you and the business administrator for your company can see these statistics.

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.

Cookies

We use cookies on this site to facilitate your login and permissions on the site.

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 who’s 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 contractuals@adaptavist.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.

Links

You will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of Adaptavist. Where the Website 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.

Law and Juristiction

Any action related to these Terms will be governed by UK law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications.

Contact Information

The full name of our company is:

Adaptavist Ventures
Address: Unit 2 Waterside, 44-48 Wharf Road , London N1 7UX
Company Number: 10550338
VAT number: GB 263310632

For questions on technical details of the Website, as well as the Website’s, content, just contact us at learn@adaptavist.com and we're happy to help.