Last reviewed: April 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
“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.”
2.3 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.
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.
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.
6.3 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.
8.1.11 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
11. Applicable Law