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Eftopia - Moodle, Terms and Conditions | Other policy | All users |
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Moodle's Cookies Policy | Site policy | All users |
Summary
EFTOPIA® – MOODLE™ TERMS & CONDITIONS
Full policy
These Terms and Conditions (Terms) govern your use of our content, including but not limited to our lectures and resources (Content) provided via the Moodle™ platform and are supplementary to any policies provided by Moodle™ directly from time to time which apply to you and your use of the platform.
By accessing our Content via Moodle™, you agree to be bound by these Terms.
1 About us
1.1 We are Eftopia Ltd (trading as Eftopia®), a company registered in England and Wales under company registration number 14147653. Our registered office is 127 Farringdon Road, London, EC1R 3DA (us, we or our).
1.2 You can contact us directly via email at courses@eftopia.org.
2 User obligations
2.1 By accessing our Content, you acknowledge and agree that:
2.1.1 You are authorised to use the Moodle™ platform and your use is at your own risk.
2.1.2 You are responsible for making sure that your password and any other account details are kept secure and confidential.
2.1.3 You will keep your own safeguards and back-up processes to mitigate your losses in the event of a loss of data.
3 Pricing
3.1 Your enrolment to our services and access to our Content is £50.00 (plus any additional transaction costs which may apply) which will provide you with one-time access to our 10-week course.
3.2 Payments may be made via the platform directly using PayPal, whose additional terms may apply, including limitations on currency and any additional payable transactional costs.
4 Accessing our Content
4.1 By accessing our Content, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the Content for strictly non-commercial and personal educational purposes only.
4.2 Some of our Content may be supplied under a sub-licence or contain information which is owned by other parties. For information about permissions on individual documents, we will set out the nature of the ownership for your information. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
4.3 Some of our Content may be supplied under a Copyright Licensing Agency (CLA) sub-licence. Any documents that are supplied under a CLA licence are provided with specific terms of use. Such documents subject to a CLA licence are protected by copyright and, save as may be permitted by law, may not be further copied, stored, on-copied electronically or otherwise shared, even for internal purposes, without the prior further permission of the original rightsholder. You acknowledge and agree that any training material containing CLA content must not be further copied, or otherwise shared in print or electronically, even for internal purposes within your own organisation, unless permitted by law or with the further permission of the original copyright owner. Copies may be downloaded and stored for your personal use only.
4.4 For the avoidance of doubt, you will not obtain any rights of ownership in our Content or any copies of it.
4.5 By using our services and accessing our Content, you agree not to:
4.5.1 copy the Content except for a reasonable number of necessary back-ups;
4.5.2 change the Content (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
4.5.3 combine or merge the Content with, or use in, any other computer program or platform;
4.5.4 distribute or sell the Content to any third party; or
4.5.5 use the Content in a way which is defamatory, indecent or otherwise unlawful or which infringes the statutory or common law rights of any third party.
4.6 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
5 Ownership, use and intellectual property rights
5.1 For the purposes of this clause, ‘Intellectual Property Rights’ means our copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, the right to sue for passing off, utility models, domain names and all similar rights and, in each case (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; and (e) wherever existing.
5.2 We and our licensors reserve all our Intellectual Property Rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means that we remain owners of them and are free to use them as we see fit.
5.3 Nothing in these Terms grants you any legal rights in the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained within the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Content.
5.4 By using our services, you grant us a royalty free, exclusive, transferable and sublicensable licence to use any content you upload onto our platform or website, including but not limited to input via our activities, resources, forums, course materials and quizzes, for us to run our platform and provide our services and otherwise use, copy, reproduce, publish, sell, distribute, market, promote, store, print, rent or lend, perform, broadcast, communicate to the public, edit, translate, modify or adapt, or otherwise exploit.
5.5 You warrant and represent that:
5.5.1 any content you upload in accordance with clause 5.4 is your original creation and that no substantial part of them has been copied from any other work or material; and
5.5.2 you are the sole legal and beneficial owner of the intellectual property rights in such uploaded content and you have the power to and to grant the licence as set out in clause 5.4; and
5.5.3 your uploaded content does not and will not contain anything defamatory, indecent or otherwise unlawful or which infringes the statutory or common law rights of any third party.
5.6 You agree that you shall immediately inform us if you become aware of any infringement or potential infringement of our Intellectual Property Rights, including any activity or proceedings commenced. You agree to be joined in any action to enforce such Intellectual Property Rights subject to being indemnified and secured in a reasonable manner as to any costs, damages, expenses or other liability and shall be entitled to separate representation by your own counsel at your own expense. You shall make no admissions as to liability and shall not agree to any settlement or compromise of any action or legal proceedings.
5.7 Trade marks: Eftopia®, EFTOPIA® and eftopia® is a trade mark owned by us. Use by you of any of our trade marks is strictly prohibited unless you have our prior written permission.
6 Prohibited use and infringing content
6.1 We may prevent or suspend your access to our Content if you do not comply with these Terms or any applicable law.
6.2 We will use reasonable efforts to:
6.2.1 revoke access for accounts which are being used in an inappropriate manner or in breach of these Terms; and
6.2.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach these Terms,
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
6.3 We reserve the right to change your access level of revoke your access at any time.
7 Certificates
7.1 We may, on completion of our course, issue you a certificate as proof of completion or attainment.
7.2 Any certificates issued under this clause will be issued via Moodle™ and we therefore cannot guarantee that certificates will always be available for issue, for example, in the event that Moodle™ ceases to issue certificates via their platform.
7.3 We do not provide any guarantee or warranty that certificates issued from our course will give rise to any qualification, opportunity or any other outcome.
8 Faulty Content
8.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
8.2 If the Content we have provided to you is faulty, please contact us.
8.3 To avoid faults in the Content, you must use the third party software via a supporting computer, mobile, tablet or other device. Before you use our Content, you must check that the hardware and software requirements of your device mean that you use it. It is your sole responsibility to ensure that your device is compatible with the platform and the Content.
9 Data protection
9.1 Any personal information you provide to us directly will be processed in accordance with our Privacy Policy which is annexed to these Terms. The Privacy Notice provided directly by Moodle™ shall also apply.
10 Events beyond our control
10.1 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
10.2 We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
11 Limitation of liability
11.1 Our total liability shall not exceed the total price paid for our services and/or Content and we shall not be liable for any consequential, indirect, or special losses.
11.2 We will not be liable to you under or in connection with this contract in respect of consequential, indirect, or special losses, nor will anything in these terms limit or exclude our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, any other losses which cannot be excluded or limited by law or any of the following (whether direct or indirect):
11.2.1 loss of profit;
11.2.2 loss of opportunity;
11.2.3 loss of savings, discount or rebate (whether actual or anticipated);
11.2.4 harm to reputation or loss of goodwill;
11.2.5 losses that were not foreseeable to you and us when the contract was formed;
11.2.6 losses that were not caused by any breach on our part;
11.2.7 business losses; or
11.2.8 losses to non-consumers.
12 Force majeure
13 Neither party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of this contract which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
14 Indemnity and insurance
15 You agree that you shall indemnify us, and keep us indemnified from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.
16 Third party rights
17 No one other than a party to these Terms has any right to enforce any term of these Terms.
18 Disputes
19 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible.
20 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
21 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
ANNEX
PRIVACY POLICY
1. Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how Eftopia Ltd collects and process your personal data, including any data you may provide to us via Moodle™, directly or otherwise.
It is important that you read this privacy policy together with any other privacy policy, fair processing notice or privacy policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
Contact details
Our full details are:
Full name of legal entity: EFTOPIA LTD, a company incorporated in England and Wales with company registration number 14147653 whose registered offices are located at 127 Farringdon Road, London, EC1R 3DA.
Name or title of data privacy manager: Dimitrios Bissias
Email address: courses@eftopia.org
Telephone number: 07786 995 471
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
This version was last updated on 1st August 2023 and historic versions can be obtained by contacting us. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party content
By using the platform, third parties may collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. We encourage you to read the Privacy Notice provided by Moodle™ directly, as well as any other website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
· Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
· Contact Data includes billing address, delivery address, email address and telephone numbers.
· Financial Data includes bank account and payment card details.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Content.
· Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
· Usage Data includes information about how you use our Content, products and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
· Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us. This includes personal data you provide when you:
· avail of our products or services;
· create an account;
· subscribe to our service or publications;
· request marketing to be sent to you;
· enter a competition, promotion or survey; or
· give us some feedback.
· Automated technologies or interactions. We may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
· Third parties or publicly available sources. We may receive personal data about you from various third parties including Moodle™ and public sources.
· Technical Data from the following parties:
· analytics providers;
· advertising networks; and
· search information providers.
· Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
· Identity and Contact Data from data brokers or aggregators.
· Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
To register you as a new user |
(a) Identity (b) Contact |
Performance of a contract with you |
To process your order or request and to deliver products/services to you including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review, take a survey or provide other feedback |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers/clients use our products/services) |
To enable you to partake in a competition, to complete a survey or to provide other feedback |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers/clients use our products/services, to develop them and grow our business) |
To administer and protect our business and our Content (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for our legitimate interests (to study how customers/clients use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
To use data analytics to improve our products/services, marketing, customer/client relationships and experiences |
(a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of customers/clients for our products/services, to keep our platform updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about products/services that may be of interest to you |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile |
Necessary for our legitimate interests (to develop our products/services and grow our business) |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
· Internal Third Parties as set out in the Glossary.
· External Third Parties as set out in the Glossary.
· Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
Some of our external third parties may be based outside the European Economic Area (EEA) so the processing of your personal data may involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
· Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being customers for tax purposes.
Details of other retention periods for different aspects of your personal data are contained in our retention policy which you can request from us by contacting us.
In some circumstances you can ask us to delete your data and in some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. We will explain these rights further below in our Glossary.
· Request access to your personal data.
· Request correction of your personal data.
· Request erasure of your personal data.
· Object to processing of your personal data.
· Request restriction of processing your personal data.
· Request transfer of your personal data.
· Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
Internal Third Parties
Other companies in our corporate group who may act as joint controllers or processors and who may be based inside or outside the EU.
External Third Parties
· Service providers, including but not limited to Moodle™, who may act as processors based inside or outside the EU and who provide IT, system administration and other services.
· Professional advisers who may act as processors including lawyers, bankers, auditors and insurers based inside or outside the EU who provide consultancy, banking, legal, insurance and accounting services.
· HM Revenue & Customs, regulators and other authorities who may act as processors based inside or outside the EU who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Summary
You must not post, upload, publish, submit or transmit any content that:- infringes, misappropriates or violates any third party intellectual property rights, publicity rights or privacy laws;
- is fraudulent, false, misleading or deceptive;
- denigrates Moodle or the MoodleCloud Services;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
Full policy
MOODLECLOUD TERMS OF SERVICE
These Terms of Service (“Terms”) are between Moodle Pty Ltd (ABN 55 116 513 636) (referred to as “Moodle”, “We”, “Us” and “Our”) and the individual, organisation or other entity agreeing to these Terms (referred to as “You” or “Your”), collectively referred to as the Parties or each a Party. These Terms govern the access and use of the cloud hosting services via Our websites including moodlecloud.com (“MoodleCloud Services” or “Website”).
- ACCEPTANCE
- By signing up to access and use the MoodleCloud Services You agree to these Terms. If You do not agree to these Terms, You should notify Us and cease accessing the MoodleCloud Services immediately. If You are agreeing to these Terms on behalf of an organisation, You represent and warrant that You have the power and authority to enter into and bind such organisation.
- You acknowledge and agree that, as between Us and You, You are responsible for the acts or omissions of all persons accessing the MoodleCloud Services upon Your authority or permission (“Users”). You must ensure all Users accessing the MoodleCloud Services do so in accordance with these Terms.
- These Terms are subject to amendment from time to time. Any Amendments made will be published at moodlecloud.com and We will notify You of the same. You will be treated as having consented to the amended terms by continuing to access or use the MoodleCloud Services 28 days after the date of any such notice unless otherwise specified to You.
- OTHER TERMS AND CONDITIONS
- These Terms complement and hereby incorporate Our Privacy Notice, Cookies Policy and our Data Processing Agreement as set out on Our website at https://moodle.com/privacy-notice/.
- Your Users must agree to our Terms of Service and the policies outlined in 2.1.
- You may choose to use Third Party Products (defined below) offered with the MoodleCloud Services and their terms of service may apply to You.
- SERVICES
- Users can access and use MoodleCloud Services via the Website on any supporting computer, mobile, tablet or other device (“Device”). We only provide support to Users accessing the MoodleCloud Services via our recommended browsers.
- You can access and use MoodleCloud Services for a 28 day free trial or obtain additional features and functionalities, by purchasing a MoodleCloud Services package (Paid Package Service) and pay the applicable fees (Fees) for the specific plan period as set out on the Website. If You choose to include third party products and services that provide additional features or functionalities (Third Party Products) there may be additional fees as set out on the Website.
- To obtain access and use the MoodleCloud Services, You must complete the signup form to Moodle’s satisfaction and pay the requisite Fees.
- As part of Your MoodleCloud Services You can: (a) manage billing and amend the MoodleCloud Services required; (b) purchase Third Party Products; (c) delete or export Your MoodleCloud site(s); (d) view User and storage space use; and (e) contact Moodle Partners to obtain their services. You may assign and grant Users access to Your MoodleCloud site(s) and administer such Users and their capabilities in Your site.
- Your MoodleCloud site will be allocated a limited number of Users and a limited amount of storage space as set out on the Website subject to your chosen plan.
- If You have a “Free Forever” service, We will cease providing the MoodleCloud Services and delete Your MoodleCloud Site if Your MoodleCloud account is inactive for 14 days.
- Although We endeavour to ensure Third Party Products are maintained and updated on a regular basis, Moodle disclaims all responsibility and liability for the quality, reliability or failure of any Third Party Products.
- DATA
- Account information, including Personal Information or content (Data) that You or Users upload or submit to Your MoodleCloud site(s) may be processed and stored on servers outside Your country.
- We will not use, disclose or reference any Data except for support and training purposes in accordance with these Terms or as required for Us to provide or improve the MoodleCloud Services.
- You represent and warrant that:
- any and all Data You upload or submit via the MoodleCloud Services is Your sole and exclusive property; or
- You have secured any and all authorisation and rights to use such Data as applicable under relevant laws.
- You grant Moodle a licence to use, copy, transmit, store, process and back-up your Data, account information, Intellectual Property Rights and other related information:
- for the provision of MoodleCloud Services to You and Your Users and the performance of Our obligations under these Terms; and
- for research and development as required for the improvement of MoodleCloud Services.
- It is Your responsibility to maintain copies of all Data which You and a User uploads or submits via the MoodleCloud Services. We will use reasonable industry standards and procedures to prevent Data loss. However, as We utilise third party cloud-based services, We do not guarantee no loss of Data.
- If You purchase any Third Party Products, You acknowledge that We may allow such third parties to access any inputted Data as required for the interoperation of the Third Party Products to the MoodleCloud Services. We are not responsible for any disclosure, modification or deletion of Data resulting from any access by such third parties.
- You acknowledge and agree that:
- We are not responsible for any corruption or loss of any Data; and
- b. You are responsible for complying with all laws and regulations regarding the use and disclosure of Your Data including but not limited to the EU’s General Data Protection Regulation 2016/679, UK General Data Protection Regulation, the California Consumer Privacy Act 2018, the Australian Privacy Act 1988 (Cth), or other requirements under any corresponding foreign domestic law (“Privacy Laws”).
- We will use and maintain reasonable security systems for the transmission of Data, consisting of encryption and firewall technologies that are generally used in the cloud services sector to provide security for the transmission of such information over the Internet.
- AVAILABILITY MOODLECLOUD SERVICES
- We do not warrant that access to the MoodleCloud Services or Your Data will be available without interruption and at times such access may be unavailable due to maintenance or other development activity. You can check Our service level by accessing Our status page.
- Where possible, We will provide notice to You and the Users of any maintenance or development activity in advance via email and on our Website.
- SUPPORT
- We may provide limited technical support to You as set out on the Website and we will endeavour to respond to a support request within a reasonable period of time.
- We may refer You to a Moodle Certified Partner if You require specific, customised support. This may incur a support services fee.
- PAYMENT
- You agree to pay the requisite Fees upfront by way of credit card or PayPal to enable You to access and use the MoodleCloud Services.
- If You choose a Third Party Product and there are Fees are payable, You agree to pay the Third Party’s Fees upfront or as required to enable You to access and use the Third Party Product.
- You agree that We will automatically debit Your PayPal account or credit card to renew Your MoodleCloud Services unless You notify Moodle of Your cancelation of the MoodleCloud Services in writing with at least 30 days notice.
- Payment is due on the date of the invoice. If Your nominated payment method is declined We will notify You and automatically retry for up to 10 days. If payment has not been made within 10 days, Your MoodleCloud Services including MoodleCloud Sites may be suspended until payment is made or alternatively Your site may be deleted at Moodle’s sole discretion.
- Unless otherwise stated, all amounts are exclusive of Value Added Tax (VAT) or Goods and Services Tax (GST). VAT or GST will be specified and charged where applicable.
- CANCELLATION OF MOODLECLOUD SERVICES
- You may cancel Your MoodleCloud Services at any time. If You cancel Your MoodleCloud Services or Third Party Products, Your access will be terminated at the end of the current billing cycle, and automatic payments will cease at the end of Your current payment period.
- It is Your responsibility to retrieve all relevant Data from Your MoodleCloud Site(s) prior to termination.
- We may terminate the MoodleCloud Services immediately, at Our sole discretion, if:
- You breach any of these Terms not capable of remedy or You do not remedy a breach capable of remedy within 7 days of receiving notice to do so;
- We consider that the request for MoodleCloud Services is or was inappropriate, improper or unlawful;
- We believe You are insolvent or unable to pay Your debts as they fall due; or
- due to a Force Majeure event in accordance with clause 24.
- On termination of the MoodleCloud Services, We may retain certain Data as required by law or regulation.
- REFUND POLICY
- Subject to Your rights under the Australian Consumer Law, We may provide You with a refund of any Fees on a case-by-case basis and solely at Our discretion, including if the MoodleCloud Services are unavailable for an unreasonable period of time.
- Any cancellation, exchange or refund of a payment relating to a Third Party Product is strictly a matter between You and the relevant third party.
- USER OBLIGATIONS
- You warrant that all information provided to Moodle is true, accurate and complete.
- You acknowledge and agree You are responsible for how the Users use the MoodleCloud Services and that:
- You and each User uses the MoodleCloud Services at Your own risk;
- all usernames and passwords required to access the MoodleCloud Services are kept secure and confidential;
- if there is any unauthorised use of Your password or any other breach of security, You will immediately notify Moodle of such activity;
- the accessibility and reliability of the MoodleCloud Services is dependent upon Your and each User's choice of web-browser, internet connection, Device, Device operating system other hardware and their settings;
- it is Your responsibility to determine that the MoodleCloud Services meet Your needs and Your business and are suitable for the purposes for which the MoodleCloud Services are used;
- You are responsible for obtaining any consents, licences, permits and permissions from other parties as required for the MoodleCloud Services to be provided including content within Your MoodleCloud Site, at Your cost, and for providing Us with the necessary consents, licences and permissions upon request; and
- You will cooperate with Us and provide Us, as reasonably requested by Us from time to time, with information about Your Device and/or access to Your Data as is reasonably necessary to enable Us to perform the MoodleCloud Services and comply with these requests in a timely manner.
- You acknowledge and agree that:
- each User is authorised to use the MoodleCloud Services and access or input any Data into the MoodleCloud Site or provide such Data to Us as required for the MoodleCloud Services;
- You will procure each User to use the MoodleCloud Services in a lawful manner and in accordance with these Terms; and
- MoodleCloud Services may include Third Party Products and services. Your use of MoodleCloud Services may be subject to additional terms with such Third Parties. Where You use a Third Party Product, any such terms are solely between You and the third party.
- We are not responsible to any person or entity other than You and nothing in these Terms confers, or purports to confer, a benefit on any other person or entity. If You use the MoodleCloud Services on behalf of or for the benefit of any third party, You agree that:
- You are responsible for ensuring that You have the right to do so;
- We do not warrant the fitness for purpose or suitability of the MoodleCloud Services for such third party's purposes and third parties may not rely on Moodle for any purpose;
- You are responsible for authorising any person who is given access to Your Data, and You agree that We have no obligation to provide any person or entity with access to such Data without authorisation from You and may refer any requests for access to the Data to You to address; and
- You will indemnify Moodle, on first demand, against any and all claims, expenses, liabilities or losses arising out of in connection with Our refusal to provide any persons with access to Data in accordance with these Terms or Moodle making Data available to any person with authorisation from You.
- You remain solely responsible for complying with all applicable laws. It is Your responsibility to ensure that the storage of and access to Your Data via the MoodleCloud Services and Website comply with laws which are applicable to You, including any laws requiring You to retain records of Your Data.
- Each User must have their own safeguards and back-up processes in place to recover from any failures or loss of Data which might occur whilst using the MoodleCloud Services and protecting the confidentiality of Your Data with suitable management procedures, as You may see fit.
- PROHIBITED USE
- You acknowledge and agree that You and each User will not:
- attempt to circumvent or disable the Website or any technology features or measures in the Website by any means or in any manner;
- attempt to modify, copy, adapt or reproduce the Website except as necessary to use it as represented by Us to You;
- distribute, encumber, sell, rent, lease, sub-licence, or otherwise transfer, publish or disclose the MoodleCloud Services to any third party (except as permitted under these Terms) or with our permission;
- remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Website or used in connection with the MoodleCloud Services;
- use the MoodleCloud Services in any manner to aid in the violation of any third party Intellectual Property Rights;
- take any action that interferes, in any manner, with Our rights with respect to the MoodleCloud Services;
- upload any products or services offered by third parties, including any plugins other than providing access to an externally-located Third Party product through selecting an activity within a course using the external tool feature;
- attempt to undermine the security or integrity of the MoodleCloud Services, servers, computing systems or a third party's computing systems and networks hosting the MoodleCloud Services;
- attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access; and
- transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including any content protected by copyright or trade secrets which You do not have the right to use).
- You must not, and You must ensure each User does not, post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates any third party Intellectual Property Rights, publicity rights or Privacy Laws;
- is fraudulent, false, misleading or deceptive;
- denigrates Moodle or the MoodleCloud Services;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- Ownership and Intellectual Property Rights in any content displayed or accessed through the Website, is the property of the applicable content owner. These Terms do not purport to extend any rights to any content which You do not own.
- Any breach of this clause will entitle Moodle, at its discretion, to suspend or terminate Your access to Your MoodleCloud Services.
- You acknowledge and agree that You and each User will not:
- INTELLECTUAL PROPERTY
- In these Terms Intellectual Property Rights includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
- Title and ownership to all Intellectual Property Rights in the MoodleCloud Services and related documentation remains Our property and the property of Our successors and permitted assigns. Your right to use such Intellectual Property is subject to these Terms.
- Subject to these Terms, We grant You a personal, non-exclusive, non-transferable, limited, revocable licence to use and access the MoodleCloud Services in accordance with these Terms.
- Title to and all Intellectual Property Rights in any Data You input into MoodleCloud Services remain Your property. However, Your access to such Data stored is contingent on Your ongoing payment of Fees.
- You grant Moodle a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the MoodleCloud Services and the performance of Our obligations under these Terms.
- DISPUTE RESOLUTION
- Any feedback should be provided to Us using the relevant contact form as set out on the Website.
- Any dispute concerning these Terms or the access or use of MoodleCloud Services must be initiated in accordance with the following dispute resolution procedure:
- the complainant must outline the dispute and outcome sought in writing, within 28 days of the circumstances giving rise to the dispute (“Dispute Notice”).
- The Parties agree to meet in good faith to seek to resolve the dispute within 28 days of the Dispute Notice.
- If the Parties cannot resolve the dispute within 60 days either Party may pursue the matter at its sole discretion.
- Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
- AUSTRALIAN CONSUMER LAW
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer You with rights, warranties, guarantees and remedies relating to the provision of MoodleCloud Services by Moodle to You which cannot be excluded, restricted or modified (“Statutory Rights”).
- If You are a consumer under the ACL, nothing in these Terms removes or is intended to restrict Your Statutory Rights. You agree that Our liability for MoodleCloud Services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.
- Except for Your Statutory Rights, all material and work is provided to You without warranties of any kind, either express or implied; and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
- If You are a consumer as defined in the ACL, the following applies to You: We guarantee that the services We supply to You are rendered with due care and skill; fit for the purpose that We advertise, or that You have told Us You are acquiring the services for or for a result which You have told Us You wish the services achieve, unless We consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent We are unable to exclude liability; Our total liability for loss or damage You suffer or incur from MoodleCloud Services are limited to Us re-supplying the services to You, or, at Our option, Us refunding toYou the amount You have paid Us for the services to which Your claim relates.
- LIMITATION OF LIABILITY AND DISCLAIMERS
- The Parties agree that, Our liability for the MoodleCloud Services is governed solely by the Australian Consumer Law and these Terms
- You acknowledge that while We will take reasonable steps to ensure that the MoodleCloud Services will be fit for the purposes as advertised, We do not guarantee that:
- the MoodleCloud Services will meet Your specific requirements;
- the MoodleCloud Services will work in each of Your desired use case scenarios; and
- the MoodleCloud Services are able to be executed on all operating systems.
- The MoodleCloud Services use third party services including third party hosting services which are provided without any sort of warranties, and We cannot ensure that these third party hosting services are provided free of defect or without interruption.
- We do not warrant that use of MoodleCloud Services or Website will be uninterrupted or error free. The operation of MoodleCloud Services and Website is dependent on third party hosting services and Internet connectivity which can be unpredictable from time to time and limit Your use of the MoodleCloud Services.
- All risk arising out of the use or performance of MoodleCloud Services remains with You. You understand and agree that the use of the MoodleCloud Services, material or data downloaded or otherwise obtained through the use of the MoodleCloud Services, is at Your own discretion and risk and that You will be solely responsible for any infections, contaminations or damage to Your computer, system or network. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of Your use of the MoodleCloud Services or any third party software or operating system.
- To the maximum extent permitted by law, We disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the MoodleCloud Services. In no event will We be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the MoodleCloud Services or Website, even if We were advised of the possibility of such damages.
- You acknowledge that We may pursue any available equitable or other remedy against You as a result of a breach by You of any provision of these Terms.
- Our liability for breach of any obligations under these Terms, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by You for the MoodleCloud Services. Our total liability to You for all damages in connection with the MoodleCloud Services will not exceed the price paid by You under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
- You acknowledge and agree that We will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquidated or any other non-compensatory damages or the consequences of non-payment.
- INDEMNITY
- You will be liable for and agree to indemnify, defend and hold Moodle harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; (iii) and any misuse of the MoodleCloud Services or Website; from or by You, Your Users, Your employees, contractors or agents.
- You agree to cooperate with Moodle (at Your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of Your use of the MoodleCloud Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information You have given Us.
- The obligations under this clause will survive termination of these Terms.
- NOTICE
- Any notice required or permitted to be given to the User under these Terms will be addressed to the User at the email address provided by the User.
- FORCE MAJEURE
- If performance of these Terms or any obligation under these Terms is prevented, restricted, or interfered with by causes beyond either party's reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, pandemics, epidemics, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
- ENFORCEABILITY
- If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.
- ENTIRE AGREEMENT AND UNDERSTANDING
- In respect of the subject matter of these Terms:
- these Terms contain the entire understanding between the Parties; and
- all previous oral and written communications, representations, warranties or commitments are superseded by these Terms and do not affect the interpretation or meaning of these Terms.
- In respect of the subject matter of these Terms:
- GOVERNING LAW AND JURISDICTION
- These Terms are governed by the laws of Western Australia and the federal laws of the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.
Contacting Moodle
For any questions, issues or feedback, please use the contact methods as set out on the Website.
For any notices, please contact Us using the details below:
Moodle Pty Ltd (ABN 55 116 513 636)
First Floor, 20 Kings Park Road
West Perth WA 6005
Email: support@moodlecloud.com
Last update: January 2024