Terms and Conditions
Welcome to SERMED! These Terms and Conditions ("Terms") govern your access to and use of the SERMED online educational platform, including all resources, videos, materials, and services provided ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
1. Acceptance of Terms
By creating an account or using our Services, you confirm that you are at least 18 years old or have the consent of a parent or guardian. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Changes to Terms
SERMED reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our platform. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
3. User Accounts
To access certain features of our Services, you may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Intellectual Property
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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 is the property of SERMED, our affiliates or other relevant third parties. You are granted a limited, non-exclusive,
non-transferable license to access and use the content for personal,
non-commercial purposes.
- 4.2 Subject to Clause 6 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
- 5.1 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 Subject to Clause 6 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. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. User-Generated Content
If you submit any content to the Services (such as comments or discussion posts), you grant SERMED a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third-party rights.
8. Privacy and Data Protection
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of your personal data as described in the Privacy Policy. SERMED complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
9. Use of Communications Facilities
- 9.1 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:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 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;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 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;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of SERMED or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that SERMED reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that SERMED may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us 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.
10. Accounts
- 10.1 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 details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 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.
- 10.3 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 and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 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.
11. Termination and Cancellation of Accounts
- 11.1 Either SERMED 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 reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. How We Use Your Personal Information (Data Protection)
- 12.1 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.
- 12.2 We may use your personal information to:
- 12.2.1 Provide Our Services to you;
- 12.2.2 Process your payment for the Services; and
- 12.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 12.3 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.
- 12.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
13. Disclaimers
- 13.1 We make no warranty or representation that the 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.
- 13.2 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. The Services are provided on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. SERMED does not guarantee the accuracy, completeness, or usefulness of any content provided. You acknowledge that reliance on any such content is at your own risk.
- 13.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 13.4 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.
14. 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.
15. Availability of the Website
- 15.1 The Website is provided “as is” and on an “as available” basis. SERMED uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. 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.
- 15.2 We 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 censorship.
16. Limitation of Liability
- 16.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 16.2 Nothing in these Terms and Conditions excludes or restricts SERMED liability for death or personal injury resulting from any negligence or fraud on the part of SERMED.
- 16.3 Nothing in these Terms and Conditions excludes or restricts SERMED's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 16.4 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.
17. 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. Previous Terms and Conditions
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.
19. Third Party Rights
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 SERMED.
20. Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of SERMED to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
21. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved in the competent courts of [Insert Jurisdiction].
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European Union or the European Education and Culture Executive Agency (EACEA).
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