1.1 These Terms explain how you may use this website (the Site).
1.2 You should read these Terms carefully before registering and using the Site.
1.3 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
means the course materials, any text, images, video, audio or other multimedia content, software or other information or material on the Site
means the copyright in all Content;
means any company, corporation or other body corporate wherever and however incorporated or established and Corporate Bodies shall be interpreted accordingly;
has the meaning given to it in clause 1.1;
means these terms and conditions of use as updated from time to time under clause 17;
means individuals recruited specifically to teach on our courses including tutors and mentors;
has the meaning given to it in clause 11.1;
means the Institute of Brewing & Distilling, company registration number 01217770 whose registered office is at 44a Curlew Street, London SE1 2ND
means the individual accessing or using the Site or its Content including all learners attending short courses run at or by us, Trainers and non-teaching staff employed by us (and your shall have the same meaning).
2 The Site
2.1 The Site is a Virtual Learning Environment (VLE), based on the Moodle “Course Management System”) which can be found at http://www.moodle.org. It is a free, open source software package designed using sound pedagogical principles to help educators create effective online learning communities. Moodle is distributed under the GNU General Public Licence. The Moodle platform is hosted on secure servers and administrated both internally and externally.
2.2 The Moodle platform provides a range of features for the delivery, support, administration and participation in teaching and learning activities. The features for the delivery, support, administration and participation in teaching and learning activities. The features include content delivery and collaboration between tutors and learners, such as:
2.2.1 content creation or upload;
2.2.2 discussion forums and chat rooms;
2.2.3 messaging tools;
2.2.5 quizzes; and
2.2.6 monitoring of users’ online activity.
3 Using the Site
3.1 The Site is for your personal use only and not to be used by Corporate Bodies. You must register to use the Site and keep your personal data up to date.
3.2 You agree that you are solely responsible for:
3.2.1 all costs and expenses you may incur in relation to your use of the Site;
3.2.2 keeping your password and other account details confidential;
3.2.3 using your real identity including first and last names when using the Site;
3.2.4 unless you are a Trainer, with special permission from us to access the Site, only attempting to access the courses on which you are formally enrolled;
3.2.5 keeping access to the Site secure. For example, do not log into the Site and leave the computer unattended and always log out when you have finished accessing the Site;
3.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, or any queries about the Site please contact Dan Griffiths at firstname.lastname@example.org or on +44 (0) 207 499 8144.
3.4 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
4 Unacceptable use of the Site
4.1 As a condition of your use of the Site, you agree not to use the Site:
4.1.1 for anything else other than for the purposes of teaching, learning and research;
4.1.2 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
4.1.3 to misrepresent us or bring us into disrepute in any way;
4.1.4 to moderate any discussion forums that have been created;
4.1.5 to commit any act of fraud;
4.1.6 to distribute viruses or malware or other similar harmful source code;
4.1.7 for the purposes of personal commercial use, promoting unsolicited advertising or sending spam;
4.1.8 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (“phishing”);
4.1.9 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
4.1.10 in any manner that harms minors;
4.1.11 to promote any unlawful activity;
4.1.12 to promote any terrorist and radicalisation activity or activity covered by the PREVENT agenda (being the safeguarding and supporting of those vulnerable to radicalisation).
4.1.13 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.1.14 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
4.1.15 to attempt to circumvent password or user authentication methods.
5 Bulletin boards, chat rooms and other interactive services
5.1 We may make bulletin boards, chat rooms or other communication services such as messaging tools and discussion forums (Interactive Services) available on the Site.
5.2 We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who shall be contacted in relation to any Submission of concern to you.
5.3 We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
5.4 Any Submission you make must comply with our Submission standards set out in clause 6 below.
5.5 By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, and on any other websites operated by us, indefinitely.
6 Submission standards
6.1 Any submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion acting reasonably.
6.2 In particular, any Submission or communication by you must be:
6.2.1 your own work and lawfully submitted;
6.2.2 factually accurate or your own genuinely held belief;
6.2.3 provided with the necessary consent of any third party;
6.2.4 not defamatory or likely to give rise to an allegation of defamation;
6.2.5 not offensive, obscene, sexually explicit, discriminatory or deceptive;
6.2.6 not used to harass any other person;
6.2.7 not used to disclose the personal information of any other person; and
6.2.8 unlikely to cause offence, embarrassment or annoyance to others.
7 Your privacy and personal information
8 Ownership, use and intellectual property rights
8.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: Copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
8.2 Nothing in these Terms grants you any legal rights in the Site and/or the Content other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
9 Using our name and logo
You may not use any of our trade marks or trade names unless we have given you permission in writing to do so.
10.1 Copyright in all Content is ours except where otherwise stated, the use of which is licensed to us.
10.2 You will not breach our Copyright or that of our licensors by copying any of the Content.
10.3 You will not use or distribute any Content downloaded or otherwise obtained from the Site in any form.
11 Submitting information to the Site
11.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
11.2 Notwithstanding clause 11.1 above, we may use any Unwanted Submissions as we see fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be responsible to you or anybody for any use of such Unwanted Submissions.
12 Availability of the Site
12.1 We may suspend or terminate operate of the Site at any time as we see fit.
12.2 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
13 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
14 Limitation on our liability
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
14.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part; and
14.1.2 business losses; and
14.1.3 losses to non-consumers.
14.2 In the event of a breach on our part, your losses will be limited to the fees paid to us for the course.
15 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
16 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated 1st November 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 17. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
18.1 We try to resolve any disputes with you quickly and efficiently.
18.2 If you are unhappy with us please contact us as soon as possible.
18.3 These Terms shall be governed by, and construed in accordance with, the laws of England.
18.4 If you want to take court proceedings, the courts of England will have exclusive jurisdiction in relation to these Terms.
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