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Licence if you use Mi Crow content on the Mi Crow Portal

BY USING THE MI CROW SITE OR CLICKING ON THE ‘I ACCEPT’ BUTTON OR SIGNING THIS DOCUMENT YOU ARE CONFIRMING, AS AN AUTHORISED REPRESENTATIVE OF YOUR ORGANISATION, THAT YOUR ORGANISATION ACCEPTS OUR TERMS OF LICENCE FOR THE USE OF MI CROW AND THE MI CROW PORTAL AS SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS OF LICENCE, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY.

This Enter IT Limited licence governs the use of the Mi Crow as a ‘Software as a Service’ (SaaS).  This licence allows for the content and software to be delivered online via a browser and is hosted by Enter IT Limited.

Free Trials. This section only applies to those customers requesting a free trial. When Customer first agrees to these terms, Mi Crow allows for a fourteen (14) day free trial (“Free Trial Period”) of the content library with 25 free credits for the Nominated Persons to use the portal on behalf of Customer with no payment obligation and no obligation of continued subscription past the Free Trial Period. Once complete, Mi Crow reserves the right to immediately suspend access upon expiration of Customer’s Free Trial Period. To avoid any such interruption of Services, Customer may elect to continue using the Services after its Free Trial Period by purchasing full access as defined by the number of credits, package, fees etc. The remainder of this agreement will govern the use of the content library during any paid subscription term once the order has been accepted.

1 About us.

This website (Website) is provided under licence by Enter IT Limited a limited company registered in England and Wales under company number 03887613 and with its registered office address at 4th Floor, 7-10 Chandos Street, Cavendish Square, London W1G 9DQ.  Our VAT number is 749 8019 92. If you need any information about this Website or any of our services, please contact us by one of the methods shown below.

Address:

Princes Exchange, Princes Square, Leeds, West Yorkshire. LS1 4HY

Email:

licence@mi-crow.com  

2 Payments

Payments to use the Mi Crow portal can be made either by direct payment from your Company or by credit card.

In providing payment details for the above methods, you confirm that you are authorised to do so and to authorise us or our payment service provider to take payment in full for the items you order. Refunds, if applicable, will only be made using the payment gateway and/or to the card originally used for payment.

Licence fees are due in full on invoice and in all instances before commencement of licence.

Credits purchased will last (unused) for 12 months.  Viewing (or clicking to watch) a Mi Crow course will consume one credit.

The course will remain live, designed as the Live Period, for the number of days which shall be agreed at the time of set-up.  For example, the normal number of days is 10 (ten).

If the videos have not been watched during the Live Period the Mi Crow course will be deemed complete. Thereafter, subsequent viewings of that Mi Crow course will consume another credit.

Up to 20% of any unused credits, after the licence period expires, can be carried over for up to 60 days so long as additional licence credits are purchased on or before the licence renewal date.

Credits purchased in a subsequent year or years, from date of first purchase, may increase in fees by no more than 6% over that of the previous term.

3 Account, activation and term.

Following acceptance of these Terms of Licence by you we will set up a unique account for you. On receipt of payment of the relevant licence fee for the Mi Crow products purchased, we will activate your account. Your account will remain active at all times and can only be deactivated by your written instruction which in all instances should provide at least 30 (thirty) days notice of deactivation.

4 Username and passwords.

You will be allocated, or invited to choose your own username and password. You are responsible for ensuring that you keep your username and password confidential and that they are not used by any other person.

5 Privacy.

Your privacy is important to us. Our Privacy Policy explains what information we collect and how we will use and protect it.  A copy of our Privacy Policy is available at www.mi-crow.com.

We capture only information relevant to the learner – when using our portal – and as per legislation this information can be viewed, updated or deleted upon request.  This information is only used to provide suggested course viewing and reporting history to the relevant organisation to whom the employee or learner belongs. Deletion is available through admin request. When deleting a user, please ensure that any relevant history has been captured, as you may still wish to retain this post deletion e.g. courses watched etc.

6 Ownership of materials and licence terms.

This Website and the materials and software on it, or provided to you through it, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Enter IT Limited and/or third parties. You are permitted to display the materials on this Website on a computer screen and, save for restricted access documents, to download and print a hard copy for personal use within your business or for obtaining products or services from us provided that you do not alter or remove any of the content or any part of this Website without our express written permission to do so or not change or delete any copyright, trade mark or other proprietary notices.

You agree not to:

(1) copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this Website or the materials or software on it, or provided to you through it, without our prior written consent (which may be given or withheld in our absolute discretion)

(2) use this Website or any of the materials or software on it, or provided to you through it, for:

  • any unlawful purpose or in contravention of applicable law
  • commercial exploitation without our prior written consent
  • any purpose or in any manner that may give a false or misleading impression of us, our staff or our services

(3) use, upload or transmit: –

  • any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
  • any device, software, file or mechanism which may interfere with the proper operation of this Website or our systems

(4) decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this Website

(5) do anything that may interfere with or disrupt this Website or our service

(6) encourage or permit others to do any of the above

7 Suitability of materials.

We do not give any assurance that the materials provided or available to you on or through this Website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

8 Website availability.

We make no guarantee that this Website will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of this Website or any of its content at any time without notice and without incurring any liability.

9 Links from this Website.

We may, from time to time, provide links from this Website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.

10 Links to this Website.

You are not permitted to establish a link to this Website from any other sites without our prior written consent.

11 Monitoring.

We may monitor activity and content on this Website and may take any action we consider appropriate if we suspect you may be in breach of these Terms of Licence including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

12 Security.

We use firewalls and secure technologies to protect your information and that of your Users (see our Privacy Policy for more details). However, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you or your Users send to us from this Website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you or your Users send to us and you do so entirely at your own risk.

13 Accuracy of information.

We take care to ensure that all information available on this Website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Technical data, technology tools and commercial practice change frequently and the content on this Website, in any videos and in other items offering guidance have been prepared for general interest only and are not a substitute for specific technical or other professional advice and should not be read or used as such.

14 Disclaimer.

ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THIS WEBSITE IS CORRECT AND SUITABLE FOR USE BY OUR CUSTOMERS, MISTAKES MAY, OCCASIONALLY, OCCUR AND WE DO NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES.

15 Use of this Website outside England and Wales.

Enter IT Limited makes no claims or representations that any or all of the content of this Website may be lawfully viewed or downloaded outside mainland UK and, unless otherwise specifically stated, the content and this Website is directed solely at users who access this Website from mainland UK.

IF YOU CHOOSE TO ACCESS THIS WEBSITE FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THE RELEVANT JURISDICTION.

16 Limitation of liability.

We will not be liable for any indirect or consequential loss or for loss of profit, loss of business or opportunity, loss of or damage to data or damage to goodwill as a result of your use of this Website.

In all other cases, our maximum aggregate liability to you will be limited to the amount you have paid within the current licence period for the item that caused your loss or one month’s fee (whichever is the higher).

NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

17 Third party rights.

Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.

18 Publicity.

We may add your Company name and logo to our published list of customers for so long as the Customer continues to be a subscriber. Customer also agrees that we may immediately issue a generic press release announcing the deal between both parties.

19 Waiver.

No delay or decision not to enforce rights under these Terms of Licence will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

20 Governing law.

These Terms of Licence are subject to the laws of England and Wales and each of us hereby submits to the non-exclusive jurisdiction of the English courts.

21 Statutory rights.

NOTHING IN THESE TERMS OF LICENCE AFFECTS YOUR STATUTORY RIGHTS.

Licence if you use Mi Crow Content on your own LMS (under our ‘Top of the Tree Package’)

BY USING THE MI CROW SITE OR CLICKING ON THE ‘I ACCEPT’ BUTTON BELOW OR SIGNING THIS DOCUMENT YOU ARE CONFIRMING, AS AN AUTHORISED REPRESENTATIVE OF YOUR ORGANISATION, THAT YOUR ORGANISATION ACCEPTS OUR TERMS OF LICENCE FOR THE USE OF MI CROW AND THE MI CROW PORTAL AS SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS OF LICENCE, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY.

This Enter IT Limited licence governs the use of Mi Crow content as a subscription.  This licence allows for the content to be installed, potentially behind relevant organisational firewalls, on the customer’s systems for an agreed period of time (usually one year).  This is delivered through Quasar.

Free Trials. This section only applies to those customers requesting a free trial. When Customer first agrees to these terms, Mi Crow allows for a fourteen (14) day free trial (“Free Trial Period”) of the content library with 25 free credits for the Nominated Persons to use the portal on behalf of Customer with no payment obligation and no obligation of continued subscription past the Free Trial Period. Once complete, Mi Crow reserves the right to immediately suspend access upon expiration of Customer’s Free Trial Period. To avoid any such interruption of Services, Customer may elect to continue using the Services after its Free Trial Period by purchasing full access as defined by the number of credits, package, fees etc. The remainder of this agreement will govern the use of the content library during any paid subscription term once the order has been accepted.

1 About us.

Enter IT Limited a limited company registered in England and Wales under company number 03887613 and with its registered office address at 4th Floor, 7-10 Chandos Street, Cavendish Square, London, W1G 9DQ, the owners and originator of the video content to be made available under these Terms of Licence (Videos). Our VAT number is 749 8019 92. If you need any information about this Website or any of our services, please contact us by one of the methods shown below.

Address:

Princes Exchange, Princes Square, Leeds, West Yorkshire, LS1 4HY.

Email:

licence@mi-crow.com

2 Your service provider.

You confirm that you have selected [Service Provider Name and Address which could be your business name and address] (Service Provider) to provide the technology platform for you and those members of your staff that you have authorised (Users) to access the Videos without any advice from us and entirely at your own risk. If you wish to change your Service Provider you must give us at least 10 days written notice setting out details of your proposed replacement Service Provider. We will try to accommodate your request to use the replacement Service Provider to access the Videos but you accept that this may not always be possible. If we do agree to your request, the new Service Provider will become the ‘Service Provider’ for the purposes of the Terms of Licence, in which case, we will authorise the use of the files provided to your previous Service Provider to be used by your new Service Provider and if necessary replace those files and/or we will disable the access codes held by your previous Service Provider and provide new access codes to your new Service Provider. Your previous Service Provider will be required to remove and delete the Product in its entirety from all of its systems and servers and certify the same to us.

3 Account, activation and term.

You have requested that we open an account for you to enable you and your Users to access the Videos via your Service Provider. Following signature of this agreement by you and us we will set up a unique account for you. Fees are due in full on invoice and in all instances before commencement and/or renewal. On receipt of the payment of the licence fee plus VAT, we will provide your Service Provider with the access codes and/or files which your Service Provider will be entitled to incorporate into its technology platform, to enable you and your Users to access the Videos via that platform. Your account will run on an annual basis from the date of licence.  The annual fee may increase by no more than 6% over that of the previous term.

4 Privacy.

Your privacy and that of your staff is important to us. Our Privacy Policy explains what information we may collect and how we will use and protect it. A copy of our Privacy Policy is available at www.mi-crow.com.

We capture only information relevant to the learner – when using our portal – and as per legislation this information can be viewed, updated or deleted upon request.  This information is only used to provide suggested course viewing and reporting history to the relevant organisation to whom the employee or learner belongs. Deletion is available through admin request. When deleting a user, please ensure that any relevant history has been captured, as you may still wish to retain this post deletion e.g. courses watched etc.

5 Ownership of materials and licence terms.

The Videos are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by or are licenced to Enter IT Limited and/or third parties. You and your Users are permitted to display the Videos via your Service Provider’s technology platform on a computer screen and any other device capable of displaying the videos.

You agree not to and to ensure that none of your Users:

(1) copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivative works from all or any part of the Videos without our prior written consent (which may be given or withheld in our absolute discretion)

(2) use the Videos, for:

  • any unlawful purpose or in contravention of applicable law
  • commercial exploitation without our prior written consent
  • any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
  • do anything that may interfere with or disrupt the Videos
  • encourage or permit others to do any of the above

(3) use, upload or transmit any device, software, file or mechanism which may interfere with the proper operation of the Videos or our systems

(4) decompile, disassemble or reverse engineer (or attempt to do any of them) any of the Videos

6 Suitability of materials.

We do not give any assurance that the Videos available to you or your Users are suitable for your or their requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

7 Video availability, Service Provider platform and functionality.

The availability of the Videos to you and your Users and your Service Provider’s platform and any additional functionality provided by your Service Provider are matters entirely between you and your Service Provider and we will have no liability in respect of them. Our sole responsibility is to provide the access codes and/or files to your Service Provider in accordance with these Terms of Licence. We reserve the right to modify, suspend and withdraw the Videos or any of them at any time without notice and without incurring any liability.

8 Links to the Videos.

Save as expressly permitted by these Terms of Licence, you are not permitted to establish, or to allow any third party to establish, a link to the Videos from any other sites without our prior written consent.

9 Licence fees.

Your licence will be automatically renewed at the renewal date. The renewal licence fee should be received as cleared funds by us no later than the working day before the renewal date. If you do not wish to renew your licence you will be required to notify Enter IT Limited in writing at least 30 days before the renewal date of your licence and you will be required to immediately, but no later than 7 days from the renewal date, remove and permanently delete all video access codes and/or files from your Service Provider’s platform and any other system and/or media belonging to either your Service Provider or you that is capable of storing the video access codes and/or files and provide certification to us that this has been carried out and that the Videos are no longer accessible by you or your Users. Should the Video access codes and/or files remain on your Service Providers platform after 7 days following the renewal date you will be liable to pay the full licence renewal fee. If you do not renew your licence you will be required to return to Enter IT Limited any and all files together with the media on which those files were issued to you within 7 days of the licence expiry date.

10 Monitoring.

You agree to supply to us monthly statements of licences used or provide us with a secure login to your LMS for the sole purpose of usage reporting. We may monitor activity and access to the Videos and may take any action we consider appropriate if we suspect you or any of your users may be in breach of these Terms of Licence including suspending, attaching conditions to or terminating your or their access and /or notifying the authorities or relevant regulators of your activities.

11 Security.

We use firewalls and secure technologies to protect your information and that of your Users (see our Privacy Policy for more details) and also to protect our Videos. Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you or your Users send to us may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you or your Users send to us and you do so entirely at your own risk.

12 Accuracy of information.

Technical data, technology tools and commercial practice change frequently, and the content of the Videos has been prepared for general interest only and is not a substitute for specific technical or other professional advice and should not be read or used as such.

13 Disclaimer.

ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL IN THE VIDEOS IS CORRECT AND SUITABLE FOR USE BY OUR CUSTOMERS, MISTAKES MAY, OCCASIONALLY, OCCUR AND MI CROW DOES NOT GIVE ANY ASSURANCES THAT THE CONTENT IN THE VIDEOS IS ACCURATE, COMPLETE OR CURRENT OR THAT THE VIDEOS WILL BE FREE OF DEFECTS OR VIRUSES.

14 Access to the Videos outside of the United Kingdom.

Enter IT Limited makes no claims or representations that any or all of the Videos may be lawfully viewed or downloaded outside of mainland UK and, unless otherwise specifically stated, the content in the Videos is directed solely at Users who access them from mainland UK.

IF YOU OR ANY OF YOUR USERS CHOOSE TO ACCESS THE VIDEOS FROM OUTSIDE MAINLAND UNITED KINGDOM, YOU AND THEY DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THE RELEVANT JUSRIDICTION.

15 Limitation of liability.

We will not be liable for any indirect or consequential loss or for loss of profit, loss of business or opportunity, loss of or damage to data or damage to goodwill as a result of your use, or the use by any of your Users, of the Videos.

In all other cases, our maximum aggregate liability to you will be limited to the amount you have paid us for the item that caused your loss.

NOTHING IN THESE TERMS OF LICENCE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

16 Third party rights.

Nothing in these Terms of Licence is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms of Licence has no rights to enforce them.

17 Publicity.

We may add your Company name and logo to our published list of customers for so long as the Customer continues to be a subscriber. Customer also agrees that we may immediately issue a generic press release announcing the deal between both parties.

18 Waiver.

No delay or decision not to enforce rights under these Terms of Licence will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

19 Governing law.

These Terms of Licence are subject to the laws of England and Wales and each of the us hereby submits to the non-exclusive jurisdiction of the English courts.

20 Statutory rights.

NOTHING IN THESE TERMS OF LICENCE AFFECTS YOUR STATUTORY RIGHTS.

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