FOR USE OF WWW.RMSE-LEARNING.CO.UK, WWW.RMSPUBLISHING.CO.UK AND WWW.OTTISAPP.COM
ALL USERS MUST ACCEPT THE FOLLOWING CONDITIONS:
1 - User agreement
I understand the standards and laws of the community to which I am transporting this material, and am solely responsible for my actions.
I understand that all material on this site is the copyright of RMS Publishing Limited and may not be copied, incorporated stored or transmitted in any form whatsoever without the written permission of the copyright holder RMS Publishing Limited.
All material I request and receive from this site is for my own personal use, and will not be reused in any manner, nor made available to any other person or entity. I do not work for a media outlet, or another provider similar to www.rmse-learning.co.uk or www.rmspublishing.co.uk.
If I use the services of this web site in violation of the above agreement, I understand I may be in violation of local and international laws and my account may be suspended.
RMS Publishing Ltd. provides this site and related services subject to your compliance with the terms and conditions set forth below. Please read the following information carefully:
This agreement represents the complete agreement and understanding between RMS Publishing Ltd., (hereinafter 'RMS Publishing' or 'the Company'), its affiliates, successors and assigns, you the RMS Publishing account holder (hereinafter called User) for your use of www.rmse-learning.co.uk, distance learning access, and all of the content as may be contained hereunder, and supersedes any other written or oral agreement. Upon notice published on-line ( http:// www.rmse-learning.co.uk/ ) copyright RMS Publishing may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue, change or replace services offered.
2 - Internet copyright Information
All pages within this Internet site ('Site') are the property of RMS Publishing and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of RMS Publishing.
Notice of Trademark. 'RMS Publishing Ltd.' and the 'RMS Publishing' logo are trademarks and service marks of RMS Publishing. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
If you do not agree to these terms and conditions, please notify our Sales Department at 01384 442144 during normal office hours so we can terminate your account. Failure to notify RMS Publishing shall constitute your approval.
3 - Warranty Disclaimer
RMS Publishing exercises no control whatsoever over the content of the information on this website. Use of any information obtained via RMS Publishing Ltd is at your own risk. Neither RMS Publishing nor any of its licensors, employees or agents warrants that the service will be uninterrupted or error free; nor does RMS Publishing or its licensors, employees or agents make any warranty as to the results to be obtained from use of the service.
This site, including any content or information contained within it or any site-related service, is provided 'as is' with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this site and site-related services.
RMS Publishing, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive or other damages arising out of or relating in any way to the site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site and/or site-related services is to stop using the site and/or those services.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of RMS Publishing Ltd., whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
Although RMS Publishing attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, also unauthorised alterations, deletions made to the Site by third parties. In the event that an inaccuracy arises, please inform RMS Publishing so that it can be corrected.
4 - Claims
User agrees to indemnify and hold without harm RMS Publishing, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorised or not authorised.
5 - Internet connections
RMS (Publishing)'s Internet connections and all other services provided to the user by RMS Publishing may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any regulation or law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected as a trade secret. User agrees to indemnify and hold harmless RMS Publishing from any claims resulting from your use of the service which damages you or another party.
6 - User account
The right to use RMS Publishing User licence is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil or criminal law.
7 - Unsolicited advertising or promotional materials
RMS (Publishing)'s services should not be used to send unsolicited advertising or promotional materials to other network users. Email and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and RMS Publishing will not be tolerated. When RMS Publishing becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, RMS Publishing may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of RMS Publishing following payment of a reconnection charge.
8 - Security
Accessing the RMS Publishing www.rmse-learning.co.uk website and any of its affiliate websites is limited to access with a standard web browser. Spiders, web crawlers, offline down loaders or any software that automatically connects to the servers for the purpose of downloading the entire site, or a portion thereof, is strictly prohibited. Use of said software will result in account termination.
9 - Payment Terms and pricing
Payment is required before access is given to the chosen training course, unless registrations are conducted in accordance with a written and signed separate agreement. In the event of multiple registrations (group participation) over an agreed term, registrations will be undertaken in accordance with that agreement.
Payment may be made by credit card (by telephone or online), cheque or by bank transfer. We also use a third party payment provider - Stripe. Once payment is received an email containing log on information will be sent to the registered participant. Each participant must have a unique email address. Only one participant per email address may access the course.
Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion. We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased. Any refunds are at the discretion of RMS Publishing Ltd.
10 - Linked Internet Sites
RMS Publishing is not responsible for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the User's own risk.
11 - Messages
RMS Publishing is under no obligation to review any messages, information or content posted on the site by users and assumes no responsibility or liability relating to any such messages. Notwithstanding the above, RMS Publishing may from time to time monitor the messages on the Site and may decline to accept and/or remove any messages therein the following are indicative, but not exclusive:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of RMS Publishing purporting to speak on behalf of RMS Publishing.
- Messages that offer unauthorised downloads of any copyrighted or private information.
- Chain letters of any kind.
12 - Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution.
13 - Miscellaneous
This Agreement is entered into in the United Kingdom and shall be governed by and construed in accordance with the laws of England and Wales, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the courts sitting in Dudley, in the county of West Midlands, in the United Kingdom, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and legal fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of RMS Publishing shall continue in force even in the event of termination of these Terms and Conditions on other grounds. RMS Publishing's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions. The duties and obligations contained herein at paragraphs 4, 5, 6, 10, and 11 will survive any termination hereof.
14 - Entire agreement / modification
This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. RMS Publishing may modify the terms of this agreement by posting notice of such modification on the Tutor Notes system, whenever possible before the modification takes effect.
15 - User agreement
By the use of a RMS Publishing account the User accepts the terms and conditions set forth in this agreement.
END USER LICENSE AGREEMENT FOR RMS PUBLISHING E-LEARNING WEB BASED TRAINING (ELWBT) SYSTEMS.
SOFTWARE PRODUCT LICENSE IMPORTANT - READ CAREFULLY
1 - End-User License Agreement
This End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and the designer / manufacturer, RMS Publishing Limited hereinafter referred to as RMS, of the software product(s) or software identified above. The Web based software product includes design software, the associated media, any printed materials, and any 'online' or electronic documentation. By accessing, installing, copying or otherwise using the software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, RMS are unwilling to license the software product to you. In such event, you may not use or copy the software product, and you should promptly contact your Distributor or RMS for instructions on deletion of access and refund.
2 - Accuracy of information
This product has been developed by RMS Publishing Limited. All reasonable steps have been taken to ensure the accuracy of the software product and the information contained within, no responsibility for losses arising from its use, whether direct or consequential, is accepted.
3 - User access
This product and the assigned license is allocated for a single user only. By agreeing to these terms you are agreeing that the user the license is allocated to, by name, is the user that will be completing the course. Failure to comply with this can result in your license and where applicable, your certification, being revoked.
4 - Software Product
The software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed, not sold.
5 - Grant of licence - this EULA grants you the following rights:
Software access and its use in accordance with your purchase agreement.
6 - Network Services
The maximum number specified in your purchase agreement of inbound peer connections may simultaneously access or otherwise utilise the basic network services of the software product. The maximum includes any indirect connections made through software or hardware that pools or aggregates connections. To use the software product over an internal network or intranet, and distribute the software product to your other computers over an internal network. However, you must acquire and dedicate a license for each user of the software product. An additional licence will be required for each user. A user license for the software product may not be shared or used concurrently on different computers.
7 - Restricted access
The software is designed to initially restrict User access to some of the functionality until key stages of the e-learning process are complete. Access will cease at the end of your license period, which is six (6) months by standard, or may be longer for some packages. Options are available to purchase an extension of use subject to availability and additional cost, contact your Centre.
8 - Single EULA
The software product may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g. in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the software product.
9 - Rental, Software Product Transfer
You may not rent or lease the software product or user licences, which have been released and allocated to an individual, are not transferable. User licences purchased, but not released to a user are transferable.
Without prejudice to any other rights, RMS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must not access this product.
10 - Copyright
All title and copyrights in and to the software product (including but not limited to any images, photographs, animation's, video, audio, music, text and 'applets,' incorporated into the software product), the online downloadable printed materials are owned by RMS or its suppliers. You may not copy the printed downloadable materials accompanying the software product other than for personal user use. All rights not specifically granted under this EULA are reserved by RMS. The use of HSE material and images in the production of this presentation is acknowledged.
11 - Product support
Product support for the software product is provided by RMS subject to the terms of sale.
12 - Fault tolerance
The software product may contain support programs not fault tolerant and are not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance. Such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the software technology could lead directly to death, personal injury, or severe physical or environmental damage.
DEFINITIONS, TERMS OF SALE AND ADDITIONAL CONDITIONS:
(Note additional conditions may apply at time of purchase, refer to current sales literature / invoice conditions)
1 - ACT
ACT Associates Ltd. (Designer, copyright (c) 2019 owner).
2 - RMS
Risk Management Services Ltd (Publisher).
3 - ELWBT
E-Learning Web Based Training.
4 - Centre / Distributor
RMS or a person or organisation term appointed by RMS to sell and support the e-learning web based training. RMS appointed distributors are only licensed to support users who have purchased direct from them.
5 - e-learning web based training
A package which contains a training manual and interactive exercises. Support Manual available on line. Designed to enable candidates to study for the relevant Examinations (if applicable).
6 - Support Manual
A manual which explains how to use the software and the Support Manual.
7 - Candidate
An assigned individual utilising the software and Support manual for the purpose of training.
8 - User
An assigned candidate.
9 - Multiple User
More than one assigned candidates.
10 - Manager
A person who manages the e-learning system and assigns or changes a user within their organisation. A manager has access rights to User(s) personal data log(s), the training manual, but not new test or data exercises.
11 - Demo
A restricted User, provided to enable the software to be demonstrated.
12 - Registration
If required, a process by which the purchaser is registered and the software support is enabled. Note a time allocation is agreed at registration for the purchaser to contact the distributor by telephone, to utilise the set-up facility. Please note there is no call back facility from the distributor regarding setup.
13 - Set-up
An optional, up to thirty minute telephone time allocation, to help with the installation of the software, outline the software functionality and the purpose of the Support Manual and tutor support.
14 - Tutor support
Additional purchase. The distributor will support each registered user for a period of six (6) months by standard, or may be longer for some packages, subject to conditions of sale and use.
15 - Telephone support
Telephone tutor support not included. Contact distributor for costing.
16 - Telephone software support technical
Technical support, concerning problems with the software, 12 Months from registration, excludes network systems or those with special configuration. Contact distributor for costing.
17 - Single user / manager
Provides a licence for one user or one manager to run or use the software on a single computer. The manager may utilise the software to input user details from other registered users within their organisation, for the sole purpose of the review of progress and support for a maximum period of 12 months from registration. The manager support option may be extended, on payment of an additional annual fee to the distributor.
18 - Access
Access requires an internet connection.
19 - Change to conditions
These conditions will change from time to time in any dispute the most recent conditions published by RMS will apply.
20 - Conditions published
These conditions are dated 27th August 2019.
21 - Enforceability
If any conditions are not enforceable they will not affect the enforceability of the remaining conditions.
22 - Liability
In any dispute the liability of RMS or its agents is limited to the purchase price of the e-learning product.
23 - Jurisdiction
These conditions are subject to the laws of the United Kingdom.