RPM ACADEMY TERM AND CONDITIONS
This site (the RPM-Academy eLearning environment, hosted as: *.rpmacademy.talentlms.com) is owned by 9239839 (Canada) Inc. DBA RPM-Academy.
The use of the RPM-Academy eLearning environment is subject to the Terms and Conditions outlined below. RPM-Academy reserves the right to make changes to these Terms and Conditions from time to time and you should check these Terms and Conditions regularly. Your continued use of the RPM-Academy eLearning environment will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the RPM-Academy eLearning environment. If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the site (including community rules) then the latter shall prevail.
1.0 Provision of the RPM-Academy eLearning environment
1. RPM-Academy reserves the right to modify or discontinue the provision of the RPM-Academy eLearning environment and its associated websites; including the removal of any content or data that is provided by either RPM-Academy or by you (the user). This action can be taken at any time, without prior notice or any liability towards you (the user).
2. RPM-Academy will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information or improper delivery or use of information.
3. RPM-Academy operates a “fair use” policy to protect the quality of the RPM-Academy eLearning environment to our users. If RPM-Academy believes you (the user) are using excessive bandwidth or your use of the RPM-Academy eLearning environment is adversely affecting its network (or any part of it) or the other users of the RPM-Academy eLearning environment, RPM-Academy reserves the right to manage or regulate your usage of the RPM-Academy eLearning environment. This may include temporarily suspending your user account.
4. After registering for an account in the RPM-Academy eLearning environment, you may receive from time to time messages and email communications from RPM-Academy including and not limited to notifications of changes or upgrades to the learning system or courses and other resources available to you as well as newsletters or bulletins. You can choose to not receive these notifications by going to your account profile ("My info") and selecting "Exclude from emails".
2.0 Terms of Access and Use
Access to and use of the RPM-Academy eLearning environment is provided by RPM-Academy, subject to you (the user) adhering to the following conditions:
1. You (the user) agree to be bound by the terms and conditions; effective immediately on your first visit to or use of the RPM-Academy eLearning environment. If you do not agree to be bound by any of the terms and conditions, access and use of the RPM-Academy eLearning environment will be restricted or withdrawn at the sole discretion of RPM-Academy.
2. You (the user) agree that RPM-Academy may change these terms and conditions at any time and that you should check them regularly.
3. You (the user) agree to use the RPM-Academy eLearning environment for lawful purposes only and in a manner that does not infringe the rights of, restrict or inhibit the use of, the RPM-Academy eLearning Environment by anyone else. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the RPM-Academy eLearning environment.
4. You (the user) may be required to register for a user account on the RPM-Academy eLearning environment; in this case, you agree to provide accurate information when requested. By registering for a user account, you explicitly agree to these terms and conditions.
5. You (the user) must inform RPM-Academy immediately of any changes to the information that you provided when registering by updating your personal details so that RPM-Academy can communicate with you effectively.
2.0 Intellectual Property
1. All copyright, trademarks, design rights and other intellectual property rights (registered or unregistered) and all content located within the RPM-Academy eLearning environment will remain the property of RPM-Academy or the relevant rights holders where applicable. Users may not copy, reproduce, republish, disassemble, decompile, download, post, broadcast, transmit, make available to the public, or otherwise use content owned by RPM-Academy, its affiliates or licensees, or other user content in any way except for your own personal, non-commercial use.
2. You (the user) also agree not to adapt, alter or create a derivative work from any RPM-Academy eLearning environment content except for your own personal, non-commercial use. Any other use of RPM-Academy eLearning environment content requires the prior written permission of RPM-Academy. The names, images and logos identifying RPM-Academy or third parties and their products and RPM-Academy eLearning environments are subject to copyright, design rights and trademarks of RPM-Academy and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of RPM-Academy or any other third party.
4.0 Your Contributions to the RPM-Academy eLearning Environment
1. You (the user) grant RPM-Academy a non-transferrable, non-exclusive worldwide, royalty free license to use any material that you may upload to the RPM-Academy eLearning system. Copyright of your content or work contribution will remain with you and this license is not exclusive, so you can continue to use your material in any way; including allowing other third-parties to use it.
2. You (the user) confirm that all content or work uploaded or made available via the RPM-Academy eLearning environment is your own original work, is not defamatory and does not infringe any Canadian or international laws and that you have the permission of anyone identified within your contribution and/or the consent of their parent/guardian if they are under the age of 16.
3. In order to participate and contribute to the discussion forum on the RPM-Academy eLearning environment you (the user) agree to these rules about message posts:
a) Your (the user) contributions must be civil and tasteful.
b) Your (the user) contributions must be not be offensive in language or tone, cause any offense, be abusive or be disruptive.
c) Your (the user) contributions must not be unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, sexually-orientated, racially offensive or otherwise; any objectionable material is not acceptable and will be removed.
d) You (the user) will not advertise or promote any brand, product or service.
5.0 Your RPM-Academy eLearning Account
1. In order to use the RPM-Academy eLearning environment you will be required to register a user account. By registering for a user account, you agree to provide accurate information. By registering for a user account, you explicitly agree to the terms and conditions outlined on the RPM-Academy eLearning environment.
2. All accounts must be registered with a valid personal email address that you (the user) access on a regular basis so that any communication regarding your customer or eLearning account can be sent to you.
3. If RPM-Academy has reason to believe that there is likely to be a breach of security or misuse of the website, RPM-Academy may require you (the user) to change your password or may suspend your account.
4. RPM-Academy reserves the right to close any account that is seen to be using proxy IP Addresses (Internet Protocol Addresses) in order to hide multiple accounts. If you (the user) use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
6.0 Registration and Password
1. RPM-Academy advises you (the user) to never reveal your registration and password information to any third party; it is your (the user) sole responsibility to maintain the security of your registration and password information. Users will be held responsible for any authorised or unauthorised usage of their account and/or user details. Users are required to notify RPM-Academy of any unauthorised use of their account and/or details immediately. Any breach of this agreement may result in your (the users) account being closed at any time and without prior notice.
7.0 Availability of the RPM-Academy eLearning environment
1. Although RPM-Academy strives to offer you (the user) the best service possible, it makes no promise that the RPM-Academy eLearning environment available at *.rpmacademy.talentlms.com will meet your requirements. RPM-Academy cannot guarantee that the RPM-Academy eLearning environment will be fault-free. If a fault occurs with the RPM-Academy eLearning environment you (the learner) should report it to support@RPM-Academy.com and RPM-Academy will attempt to correct the fault as soon as reasonably possible. Your (the user) access to the RPM-Academy eLearning environment may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or RPM-Academy eLearning environments. RPM-Academy will attempt to restore access to the RPM-Academy eLearning environment as soon as is reasonably possible.
2. RPM-Academy warrants that it has the right to provide the RPM-Academy eLearning environment and will use all reasonable skill and care in making the RPM-Academy eLearning environment available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and RPM-Academy does not give any other warranties in respect of the RPM-Academy eLearning environment. RPM-Academy is continually seeking to improve the RPM-Academy eLearning environment. RPM-Academy reserves the right, at its discretion, to make changes to any part of the RPM-Academy eLearning environment provided that it does not materially reduce its content or functionality.
8.0 RPM-Academy’s right to suspend or cancel your registration
1. RPM-Academy may suspend or cancel your (the user) registration immediately at its reasonable discretion or if you (the user) breach any of your obligations under these Terms and Conditions. You (the user) can cancel your registration at any time by informing us in writing at info@RPM-Academy.com. If you do so, you must stop using the RPM-Academy eLearning environment. The suspension or cancellation of your registration and your right to use the RPM-Academy eLearning environment shall not affect either party’s statutory rights or liabilities.
9.0 Privacy of Information
1. All personal information gathered and/or stored by RPM-Academy is subject to the Privacy Policy created for the management of the RPM-Academy eLearning platform.
10.0 Prices and Payment
1. Your (the user) order is an offer to purchase access to online course content from RPM-Academy. Access to online course content will be made available to you once your payment has been authorised and the course session has started. There will be no contract of any kind between you and RPM-Academy unless and until you make authorised payment for access to one or more online courses. At any point up until then, RPM-Academy may decline to supply access to the online courses to you (the user) without giving any reason. The fee for access to the online courses is calculated and payable in advance of the course start date as set out on the RPM-Academy eLearning environment. RPM-Academy shall be under no obligation to provide access to online courses until the fee has been paid. All prices are expressed inclusive of any HST payable unless otherwise stated. Your credit/ debit card details are not handled by RPM-Academy. All payment and all credit card handling is done through the third party, STRIPE. Authority for payment must be given at the time of placing your order.
2. RPM-Academy advises you to read the course descriptions that are provided in the RPM-Academy eLearning environment carefully before placing your order as refunds cannot be given once you have started to view the course content.
11.0 Disclaimers and Limitation of Liability
1. RPM-Academy will not be held responsible for content or work uploaded or made available to you (the user) via the RPM-Academy eLearning environment or any third-party websites that are accessed via the RPM-Academy eLearning environment or associated websites. Any links posted to third-party websites do not amount to an endorsement by RPM-Academy of any content, product or RPM-Academy eLearning environment provided by that third-party; accessing such third-party websites is at your own risk.
2. RPM-Academy’s content, products and RPM-Academy eLearning environments (or its links to/provision of third party products and RPM-Academy eLearning environments), is provided “as is” and on an “as available” basis. To the extent permitted by law, RPM-Academy excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. RPM-Academy does not guarantee the timeliness, completeness or performance of the website or any of the content. Whilst every effort is made to ensure that all content provided by RPM-Academy is correct at the time of publication, no responsibility is accepted by or on behalf of RPM-Academy for any errors, omissions or inaccurate content on the website.
3. RPM-Academy will not be held responsible or liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
a. Loss of data
b. Loss of revenue or anticipated profits
c. Loss of business
d. Loss of opportunity
e. Loss of goodwill or injury to reputation
f. Losses suffered by third-parties
g. Any indirect, consequential, special or exemplary damages arising from the use of the RPM-Academy eLearning environment or associated websites; regardless of the form of action.
4. RPM-Academy does not warrant any functions available on the RPM-Academy eLearning environment will be uninterrupted or error-free, that defects will be corrected, or the RPM-Academy eLearning environment or the server that makes it available are free of viruses or bugs. You (the user) acknowledge that it is your sole responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
