Acceptable Use Policy: means the acceptable use policy for the Learning Hub set out in clause 5.
Applicable Laws: all applicable laws, statutes, regulations and codes of practice from time to time in force.
Business Day: all days other than Saturdays, Sundays and public holidays in the United Kingdom.
Downloadable Training Materials: has the meaning given to that term in clause 2.3.
Normal Business Hours: 9.00 am to 5.00 pm local UK time, each Business Day.
Training Materials: all materials, whether in digital or physical form, made available by Hillbreak to you directly or on or via the Learning Hub, which may include workbooks and associated resources, reports, descriptions, technical data, spreadsheets, drawings, dimensions, illustrations, specifications, photographs, videos, statements and other information and all content provided on or through the Learning Hub.
Learning Hub: has the meaning given in the introduction above.
User Generated Content: has the meaning given in clause 6.1.
a. Words in the singular shall include the plural and vice versa, references to any gender shall include all other genders and references to legal persons shall include natural persons and vice versa.
b. The headings are for reference only and shall not affect their construction.
c. Any reference to any enactment shall be construed as including a reference to that enactment as modified, amended or replaced by any subsequent enactment (whether before on or after the Effective Date and whether directly or indirectly).
d. Reference to persons shall include bodies corporate, partnerships, unincorporated associations and any other legal or commercial entity or undertaking.
e. The words include, includes, including and included will be construed without limitation.
f. Reference to writing or written includes email.
2. Access to the Learning Hub
2.3. The Training Materials in general shall only be accessible to view via the Learning Hub. In addition, there will be a sub-set of the Training Materials (for example workbooks and associated resources) that are made available on the Learning Hub in a way that enables the user to download them (“Downloadable Training Materials”). You shall not attempt to download or copy any element of the Training Materials other than the Downloadable Training Materials.
2.4. Hillbreak grants you a worldwide, fully paid-up, non-exclusive, perpetual, non-transferable and irrevocable licence to use, copy and modify the Downloadable Training Materials. For the avoidance of doubt, the licence in this clause 2.4 does not apply to any Training Materials other than the Downloadable Training Materials.
3.1. You acknowledge that the Learning Hub is developed, hosted and maintained by a third party and tailored and managed by Hillbreak for use with its clients. Whilst Hillbreak intends that the Learning Hub should be available 24 hours a day, seven days a week, it is possible that on occasions it may be unavailable to permit maintenance or other development activity to take place, or for other reasons. Hillbreak does not guarantee that the Learning Hub will always be available or be uninterrupted.
3.2. Hillbreak shall not be responsible for problems with accessing the Learning Hub caused by your IT systems, such as the blocking of or failure to deliver emails or the use of internet browsers that are out-of-date or no longer supported by their vendors, or the blocking of any URL, domain, or subdomain required to access our Training Materials.
3.3. Hillbreak provides technical support on a reasonable endeavours basis in relation to access to and use of the Learning Hub during Normal Business Hours using the email addresses communicated to the users on sign-up or via their account dashboard.
4. Account Security
4.1. You must keep passwords for accessing the Learning Hub confidential, safe and secure and comply with any other account access security features we notify to you.
4.2. Each account on the Learning Hub is for an individual user. You must never share your account information or password.
4.3. We have the right to disable any user account on the Learning Hub if we have reason to believe that there has been a security breach.
4.4. You must notify us immediately if you become aware of a security breach relating to your account by using the contact details below.
5. Acceptable Use Policy
5.1. You may not use the Learning Hub:
a. in any way that breaches any applicable local, national or international law or regulation.
b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
c. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
d. to transmit, or procure the sending of, any objectionable material or messages that may reasonably be considered to be offensive, upsetting or inappropriate to others, including but not limited to materials or messages that include defamatory commentary and hate speech about religion, gender, race and other targeted groups, sexual material of an explicit nature, portrayals of violence or content that encourages violence, bullying and harassment, and illegal activities such as drug use.
e. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
f. to infringe the rights of any person or entity, including without limitation, their intellectual property, privacy or contractual rights.
g. to reproduce, duplicate, copy or re-sell any part of the Learning Hub or the Training Materials or otherwise exploit any content on the Learning Hub for any unauthorised commercial purpose.
h. to create or provide software or services to a third party without the permission of Hillbreak.
i. to decode, reverse engineer, disassemble, decompile or otherwise translate or convert the software on the Learning Hub or attempt to circumvent or interfere with any security features of the software.
5.2. You are reminded that some of the information contained within the Training Materials made available to you may include information provided by your employer and should be treated as confidential in accordance with any obligations of confidentiality between you and your employer.
6. Interactive Services
6.1. We may from time to time provide interactive services on the Learning Hub, including the ability for you to engage with other users in relation to courses in which you and they are enrolled by posting comments, information, opinions and queries on matters relevant to the course. Any such interactions that you or other users upload or post on the Learning Hub are referred to in this policy as “User Generated Content”.
6.2. The following content standards apply to any and all User Generated Content that you post or upload to the Learning Hub. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any User Generated Content as well as to its whole. User Generated Content must:
a. be accurate (where stating facts);
b. be genuinely held (where stating opinions);
c. comply with Applicable Law;
d. not infringe the Acceptable Use Policy above; and
e. be otherwise consistent with professional standards and conduct.
6.3. In view of the nature of the interactive services and what they relate to, we do not moderate the User Generated Content on the Learning Hub. Furthermore, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Learning Hub, and we expressly exclude any liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.
6.4. If you consider that any User Generated Content on the Learning Hub contravenes the content standards in this clause 6, please contact us (see below) with details and we will use our best endeavours to investigate and take appropriate action where we consider it justified.
7. Personal data
7.1. Any personal data you provide to us through creating your account on the Learning Hub, using the Learning Hub or booking or participating in one of our courses will be held and used by Hillbreak, in accordance with our privacy notice. To find out more please refer to our privacy notice which can be found here: Hillbreak Privacy Notice
7.2. Please note that your name, job title, organisation, and timezone may be shared with other course attendees and venue hosts (where relevant) for the purposes of organising and facilitating the course. You may update these details in your account settings.
8. Intellectual property
a. Issuing a warning to you.
b. Removal, with immediate effect, of any posting or material uploaded by you to the Learning Hub.
c. Withdrawal, with immediate effect, of your ability and rights to access the Learning Hub.
d. Legal action against you.
10. Limitation on liability
10.1. The Learning Hub and Training Materials are intended for general training purposes only and cannot provide or be relied on for professional advice. Hillbreak can accept no liability for any loss suffered by any person acting or refraining from action as a result of the use of the Learning Hub and/or Training Materials (subject to clause 10.2).
a. death or personal injury caused by its negligence, or the negligence of its personnel, agents or sub-contractors;
b. fraud or fraudulent misrepresentation;
c. any other liability which cannot be limited or excluded by applicable law.
12. Contact Us