Document Content

TERMS OF USE OF ICDL CONNECT

This document sets out the Terms of Use of ICDL Connect, an online platform (“Connect”) that is used by ICDL to deliver ICDL learning support, documentation and supporting materials or guidance (“ICDL Resources”) and tailored specifically for different types of users.

These Terms of Use, as modified from time to time, defines the terms and conditions under which a user is allowed to access and use Connect, whether for yourself personally or on behalf of an organisation. “User” refers to individuals who have either registered for ICDL Resources or are employed or contracted by a Third Party to support the operation and administration of ICDL services.

In addition to these terms, please also read our privacy notice available on this platform. The privacy notice will tell you how any information about you is collected, used, and shared.

ACCEPTANCE

By selecting “I agree to these terms of use” when you initially register or sign up for ICDL Connect you confirm that you understand and intend to be bound by these Terms of Use.

IF YOU DO NOT, OR CANNOT, ACCEPT THE TERMS OF USE OF CONNECT, IT WILL NOT BE AVAILABLE FOR YOUR USE.

Your USER Account

You are responsible for all use of your User Account and for maintaining the security of your User Account and the confidentiality and security of the password(s) and username(s) for your User Account. You shall notify us immediately if you know or suspect your User Account has been accessed by an unauthorised third party.

You are responsible for anything that is done through your User Account. We can and do rely on your User Account settings, and any instructions made through that Account as coming from you.

We may terminate or suspend your User Account if, in our opinion, you have failed to comply with the Terms of Use or for periods of inactivity. Where we suspend your User Account, you must write to us to request the suspension be lifted. Upon such request, we may request reasons for your failure to comply with these Terms of Use or for any periods of inactivity. If we are satisfied with the reasons provided by you, we may revoke the suspension. We retain the right to disable or delete any User Account where we consider there to be good reason to do so.

You, and in some cases, your organisation, (but in all cases, not us) are responsible for ensuring that you or they (as appropriate) have sufficient equipment, Internet access and bandwidth to properly access and use Connect. You acknowledge that the quality and speed of access to Connect is determined by the quality and bandwidth of your internet or network service.

If your access to Connect is because of your role within an organisation, your organisation has the right to control access to and get reports on your use of Connect.

You acknowledge that we may from time to time change, suspend access to, replace or discontinue features or any other aspects of Connect. We can also, at any time (i) change, replace, suspend or discontinue Connect (or any of its features) and/or (ii) cease making Connect (or some of its features) available for use by anyone at all or just in particular countries or territories and/or during particular times. If you continue to use Connect after such changes take effect, you agree to comply with same.

You acknowledge that, where we consider there to be a good reason to do, we may restrict (on a temporary or permanent basis) access to Connect and will notify you in so far as is practicable.

All features of Connect are provided “as is” and “as available” without any suggestion that they are error-free, there will be uninterrupted use or that they do not contain viruses or bugs

You shall comply with all instructions received in relation to accessing Connect.

Acceptable Use OF Connect

You will be provided with access to areas of Connect depending on your involvement with ICDL. You may not use, or encourage, promote, facilitate, instruct or induce others to use Connect for any activities that violate these Terms of Use or any law, statute, ordinance or regulation; nor can you use Connect for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

introduce viruses, worms, malware, spyware, Trojan horses or other harmful or malicious code to Connect;
exceed any maximum storage, posting, uploading or usage data restrictions in respect of Connect;
do anything which may negatively impact upon Connect or environment or availability of Connect;
attempt to duplicate, modify, sub-licence (except as specifically permitted in the Terms of Use), copy, adapt, distribute, market, lease, create derivative works from or reallocate your User Account (or any part including any of the software in or accessible through them);
attempt to reverse compile, decompile, disassemble, reverse engineer or otherwise endeavour to reduce to human-perceivable form any of Connect (including any of the software in or accessible through Connect) or to discover or disclose the source code, methods and concepts embodied in Connect (including any of the software in or accessible through Connect) except as may be allowed by any applicable law which is incapable of exclusion by agreement;
alter, obscure, remove, conceal or otherwise interfere with any eye-readable or machine-readable marking on or in Connect which refers to ICDL or includes any ICDL trademarks or logos;
circumvent or manipulate any of the restrictions or security-related features within Connect;
engage in any deceptive, unfair or misleading practices;
request to create another user account without our explicit permission, if we have disabled your user account;
use Connect in a way that may lead to the encouragement or carrying out of any criminal activity; and/or
access or attempt to access the accounts of other users.

You shall use all reasonable endeavours to prevent any unauthorised access to or use of Connect and, in the event of any such unauthorised access or use, shall promptly notify us. If your User Account role permits you to create or modify the accounts of other users:

You shall only permit authorised Users to access and use Connect and the resources, and shall not permit any other person to, access or use Connect, or the resources, and only if expressly permitted by your organisation.
You are responsible for enforcing the importance of the security of User access and the confidentiality and security of the password and username for User Access.
You are responsible for all User access settings and instructions made through that User Account.
You shall notify your ICDL Contact immediately if you know or suspect User Account(s) have been accessed by an unauthorised third party.

In the event of wishing to raise a query in respect of Connect, (not immediately addressable using the standard Form in your area of Connect) you should provide your ICDL Contact with details of the query and do so as soon as practicable. We only make Connect (or an area of Connect) available to you solely for use in your capacity or function upon which your registration request and user settings are based and assigned to your User Account (including using Connect on behalf of an organisation) and to the extent necessary to fulfil that function.

CONFIDENTIALITY

All users undertake to maintain the confidentiality and security of any Confidential Information shared on Connect and to use it solely for the purposes for which it is supplied by ICDL and for no other purpose. Neither you nor us shall disclose or grant access to Confidential Information to anyone other than on a need to know basis essential for the operation of the ICDL programme. ICDL shall take all appropriate measures and precautions to protect Confidential Information from being unlawfully disclosed to or used or accessed by third parties.

DATA PROTECTION

We and you, shall comply with all obligations pursuant to applicable Data Protection Laws in the safeguarding, sharing and management of all Personal Data on Connect. You acknowledge that this personal data is processed solely for the provision to you of ICDL Resources and for no other purpose and may not be disclosed to any third party unless required to do so by law. You agree that if any uploaded content includes personal data, it is subject to our Privacy Notice [insert link].

TERM AND TERMINATION

These Terms of Use (and/or any modified version) apply for as long as your User Account remains active.

LIABILITY

The total collective liability of ICDL, our third party suppliers, and/or our affiliates and business partners arising in connection with these Terms of Use and the provision of our services, whether in contract, tort (including negligence) or any other legal theory, will not exceed €10. This Section 8 applies to the maximum extent permitted by law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The existence of more than one claim shall not enlarge this limit.

This Section 8 survives the termination or expiration of the Terms.

We have no liability to you under these Terms of Use if we are prevented, hindered or delayed in performing our obligations, or from carrying out our business, by acts, events, omissions or accidents beyond our reasonable control including strikes, lock-outs or other industrial disputes (including with respect to our staff), failure of a utility service, Internet access or transport or public or private electronic communications networks, act of God, war (whether declared or not) or threat or preparation for war, riot, civil commotion, invasion, terrorist attack, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of equipment, fire, flood storm, earthquake, subsidence, epidemic or other natural disaster or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or default of suppliers or subcontractors.

fraud or fraudulent misrepresentation;
death or personal injury caused by its negligence or that of its employees or agents
any other liability which cannot be subject to any limitation or exclusion by law.

INTELLECTUAL PROPERTY

You will not at any time, have any ownership rights to the ICDL Resources and/or Connect.

ICDL has made, and continues to make, significant investment to develop globally recognised and relevant certification programmes. In order to protect the integrity and quality of the whole range of certification programmes, all aspects of ICDL’s certification programme, including ICDL Resources, are protected by copyright, trademark and other intellectual property laws.

When on Connect, do not (or do not attempt to) copy, photograph, modify, plagiarise, or share with anyone any part of the ICDL Resources, including the images, text, videos, and materials.

Any attempt to copy, replicate or plagiarise (including translation) any aspect of Connect content is an infringement of ICDL’s intellectual property rights and, as such, provides grounds for ICDL to pursue a claim for copyright infringement.

MISCELLANEOUS

These Terms of Use are specific to your User Account. You shall not be entitled to assign or transfer your User Account or any part of your rights or obligations under these Terms of Use nor grant those rights without the consent of ICDL. ICDL may transfer our rights and obligations under the Terms of Use to another organisation without having to obtain consent from you.

ICDL may only waive a right, power, privilege or remedy under these Terms of Use in writing by express reference to this Section and no waiver by it constitutes a general waiver unless otherwise expressly stated.

If any of the provisions of these Terms of Use become invalid or unenforceable for any reason by virtue of applicable law the remaining provisions shall continue in full force and effect and ICDL undertakes to use all reasonable endeavours to replace any legally invalid or unenforceable provision with a provision which will promise to the parties (as far as practicable) the same commercial results as were intended or contemplated by the original provision.

We reserve the right to vary these Terms of Use at any time and any such variation shall, where reasonably appropriate, be notified via Connect.

The rights and remedies of ICDL provided in these Terms of Use are cumulative, and not exclusive of any rights or remedies provided by law or in equity.

All notices specified as required or permitted under these Terms of Use shall be in writing via Connect.

GOVERNING LAW AND JURISDICTION

In the unlikely event we end up in a legal dispute, these Terms of Use and all contractual or non-contractual matters and disputes arising in connection with them are governed as follows

If your relationship, or that of the organisation for whom you are accessing Connect, is with ICDL Africa, these Terms of Use shall be governed by, and is to be construed in accordance with, the laws of Rwanda.
If your relationship, or that of the organisation for whom you are accessing Connect, is with ICDL Asia, these Terms of Use shall be governed by, and is to be construed in accordance with, the laws of Singapore.
If registered for Connect via ICDL in any other territory, these Terms of Use shall be governed by, and are to be construed in accordance with, the laws of Ireland.

Terms of Use Platform