TERMS AND CONDITIONS
Please note that in using the OpenEDG Education Platform (edu.openedg.org) and our website (openedg.org) hereinafter referred to as “Sites”, you are deemed to have read and agreed to the following Terms and Conditions:
Our products and services are provided by OpenEDG (Open Education and Development Group). The following Terms and Conditions (“Terms”) govern your use of the OpenEDG’s website, apps, and other products and services (“Services”).
Please note that some of our Services may be software that you download to your computer, phone, or other device, and by accepting these Terms you agree that we may update this software.
Please read these Terms carefully, and contact us if you have any questions (firstname.lastname@example.org). By using our Services, you agree to be bound by these Terms, including the policies stipulated in these Terms.
Please note that any use or access by persons under the age of 13 is prohibited.
We are committed to protecting your privacy. Authorized employees within the OpenEDG on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any unauthorized actions against our computer systems and data with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
When creating an account on our Sites and participating in online courses, you may be required to provide us with Personally Identifiable Information (“PII”) such as your name and email address. We may use your PII to respond to your emails and run correspondence with you, provide you the specific courses and services you select.
By submitting any PII to us, you consent and agree that we may collect, use and disclose such information in accordance with these Terms and Conditions, and as permitted or required by law. If you do not agree with these Terms, please do not provide any PII to us, but please understand that we may not be able to provide you with the services offered on our Sites.
Consent can be withdrawn at any time by deleting your account.
OpenEDG may share your PII with various government authorities in response to legal processes, or as required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
We also may share your PII when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities.
Cookies and tracking technologies on our Sites
OpenEDG and service providers acting on our behalf (e.g., Google Analytics) use server log files and automated data collection tools like cookies, tags, scripts, etc. (“Data Collection Tools”) when you access and use our Services. These Data Collection Tools automatically track and collect certain System Data and Usage Data when you use our Services.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within OpenEDG on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We do not monitor or review the content of other party’s websites which are linked to from our Sites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.
You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
OpenEDG will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
To the extent that you provide your user content (e.g., your course performance, tests, assessments, posts, certifications etc.), you grant OpenEDG a fully-transferable, royalty-free, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use it.
User Records are regarded as confidential and therefore will not be divulged to any third party, other than Pearson VUE and/or Cisco Networking Academy, and if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all User Records we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, OpenEDG:
- excludes all representations and warranties relating to the Sites and their contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in these Sites and/or the OpenEDG’s literature; and
- excludes all liability for damages arising out of or in connection with your use of these Sites. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised OpenEDG of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
OpenEDG does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Termination of Agreements and Refunds Policy
Both the User and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Copyright and other relevant intellectual property rights exists on all text relating to the OpenEDG’s services and the full content of all the Sites.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
By accessing this website and using our services you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of OpenEDG to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of OpenEDG.
Notification of Changes
These Terms and Conditions form part of the Agreement between the User and ourselves. Your accessing of our Sites and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
OpenEDG | Open Education and Development Group :: All Rights Reserved
Last updated: May 22, 2018