PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Last reviewed: April 2020

Thank you for visiting www.elucidat.com. These Site terms of use together with the documents referred to in them (“Terms of Use”) shall apply. Please read these Terms of Use carefully before using this Site.

1. Definitions

Content” refers to any text, photograph or other information or image presented on this Site;

Free Trial” means any free, temporary and/or limited use of the Software as may be permitted by Elucidat at its sole discretion;

Elucidat” refers to Elucidat Limited, or “us”, “we”, a company registered in England with registered number 8526821 and having its registered office at 22-23 Kensington Street, Brighton, BN1 4AJ, United Kingdom;

Site” refers to all internet pages in the https://www.elucidat.com domain and all subdomains, operated by Elucidat;

Software” means the e-learning software provided by Elucidat from time to time;

Subscribers” means individuals or entities using the Software by Subscription;

Subscription” means any paid-for licence to use the Software pursuant to a Licence Agreement;

User” refers to any person viewing or interacting with this Site, including “you.”

2. Acceptance of these Terms of Use

2.1 These Terms of Use apply to the entire Content of our Site and any correspondence between us. By using this Site, you agree to comply with these Terms of Use. We recommend that you print a copy of these terms for future reference.

2.2 If you do not agree to these Terms of Use, disconnect from this Site and do not use this Site further.

2.3 Unless you are a Subscriber, your right to use this Site is at our sole discretion, and we may refuse or block your usage of the Site and/or refuse any application for a Free Trial or Subscription at any time.

3. Changes to the Site and these Terms of Use

3.1 We may update and change our Site from time to time to reflect changes to our services, our Users' needs, changes in the law, regulatory requirements and our business priorities, which may also require changes to these Terms of Use. Every time you wish to use this Site, please check these terms to ensure you understand the terms that apply at that time.

4. Site Access and Use of Content

4.1 You may access some areas of our Site without registering your details with us. Certain areas of our Site are only open to Subscribers.

4.2 If you are not a Subscriber, you are permitted to access, print and download extracts of our Site which are accessible to you solely for the purposes of evaluating Elucidat and the Software for your own internal business purposes on the following basis:

4.2.1 no Content is modified in any way; and

4.2.2 proprietary notices are not removed from any Content.

4.3 We are the owner or the licensee of all rights in our Site, Software and the Content published on it, which are subject to copyright and are protected by worldwide intellectual property laws and treaty provisions. No Content from this Site may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Elucidat’s prior written permission. Except as expressly provided herein, Elucidat does not grant any express or implied right to you under any patents, copyrights, designs or trademarks.

4.4 You must not use any part of the Content on this Site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.5 If you print off, copy or download any part of this Site in breach of these Terms of Use, your right to use this Site will cease immediately.

5. Conditions of Use of this Site

5.1 The Content made available on this Site is provided “as is” and we make no representations, warranties or guarantees, whether express or implied, in respect of the Content or the Site. Elucidat does not warrant that the Content or the Site will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter.

5.2 Elucidat is not responsible for any Content which is not published by Elucidat and under no circumstances will Elucidat be responsible for any loss or damage resulting from any User’s reliance on such Content posted on this Site or transmitted to Users. You acknowledge that Elucidat has not undertaken any verification of content featured on our Site.

5.3 Except where otherwise expressed or agreed, all opinions, advice, statements, offers or other information made available through this Site are provided for convenience only and should not be relied upon and Elucidat assumes no responsibility in respect of such Content.

5.4 Elucidat reserves the right, but has no obligation to, edit, remove, suspend or withdraw or restrict the availability of, all or any part of the Content and/or this Site for business and operational reasons.

6. Conduct of Users

6.1 You acknowledge that you are solely responsible for interactions with other Users of this Site (if any) and any Elucidat personnel, and that you are solely responsible for all Content you publish or post to this Site or transmit to other Users of this Site.

6.2 You agree that by interacting with this Site or providing materials to Elucidat, you are granting Elucidat and other Users permission to use that material for the purposes that it is provided, including the use of any Content in accordance with these Terms of Use.

6.3 You agree not to post, distribute or reproduce in any way any copyright material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

6.4 You will not submit any Content that contains offensive, obscene or otherwise unlawful references, offensive language, or other material that we may consider could bring Elucidat or the Site into disrepute.

6.5 You agree not to transmit any chain letters, spam letters, or junk email to other Users, and not to participate in mischievous or malicious behavior which causes damage or may cause damage to Elucidat or this Site or any of the computer systems on which this Site resides. You agree not to attempt to bypass any of the security measures implemented on this Site or on any of the computer systems on which this Site resides.

6.6 You agree not to knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.

6.7 Elucidat reserves the right, but has no obligation, to reject any Content that does not comply with these prohibitions.

7. External Website Links on this Site

7.1 Where this Site contains links to other websites operated by third parties, these links are provided for your information only. Elucidat does not control these third-party websites and is not responsible for their content or any information you may obtain from them.

7.2 The presence on this Site of a link to a website operated by a third-party does not imply any endorsement by Elucidat of that third-party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by Elucidat that that website has in place security measures to protect information which you may submit online. If you choose to access a third party website linked to from this Site, it is at your own risk.

8. Free Trials

8.1 Where we provide you with any access to the Software on a Free Trial basis, we do so on the following basis:

8.1.1 Free Trials are entirely without obligation in relation to any Subscription services.

8.1.2 No credit card or payment details will be taken.

8.1.3 Only one Free Trial may be permitted per business or business division.

8.1.4 The Software accessible on a Free Trial basis may be limited to only part of the Software normally accessible to Subscribers.

8.1.5 Access to the Software for a Free Trial shall be permitted on a non-exclusive, non-transferable, non-sub-licensable basis, solely for trial and evaluation purposes only in connection with your internal business.

8.1.6 Access to the Software shall only continue for the duration of the Free Trial.

8.1.7 You will not use the Software in a live product environment.

8.1.8 Once your Free Trial ends, you will no longer be able to able to access any materials uploaded to or created using the Software. It will be your responsibility to export any of your authored e-learning materials from the Software at the end of your Free Trial.

8.1.9 We reserve the right to refuse a Free Trial for any reason at our sole discretion.

8.1.10 Access to the Software via a Free Trial shall be provided “as-is”, entirely at the risk of the User and subject to the conditions, disclaimers and limitations of liability as contained in these Terms of Use.

8.1.11 Any misuse of our Free Trials (e.g. by subscribing for multiple Free Trials to avoid applicable Subscription fees) shall entitle us to immediately suspend a Free Trial, refuse any further Free Trials for the same individuals or business, and we reserve the right to charge you for all use of the Software made after the first Free Trial period.

8.1.12 Participation in a Free Trial does not confer or imply any right to purchase a Subscription.

9. Our Responsibility for Loss or Damage suffered by you

9.1 Please read this section carefully as it sets out the limits of our liability to you in relation to your use of this Site.

9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.

9.3 Elucidat expressly excludes and disclaims any and all implied conditions, warranties, representations or other terms that may apply to this Site or any Content on it, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality, fitness for a particular purpose, or non-infringement of any third-party rights including, without limitation, intellectual property rights.

9.4 Under no circumstances shall Elucidat, nor its affiliates, staff, agents or suppliers, be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, this Site, or use of or reliance on any Content displayed on this Site. In particular, we will not be liable for any indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss).

9.5 Elucidat shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.

10. How we may use your Personal Information

10.1 We will only use your personal information as set out in our Privacy Policy.

11. Applicable Law

11.1 The Site and these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed under the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Site.

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