Terms of this Website

Mobile Cloud Systems Ltd t/a eLearning Services

Last updated 09th October, 2020

Mobile Cloud Systems Ltd provides its content on this Website subject to the following terms and conditions (T&C). We may periodically change the T&C, we reserve all the right to change the T&C of use or policies regarding the use of the website at any time and not to notify you by posting an updated verion of the T&C of use on the website. By accessing and using this web site, you agree to these T&C. For an explanation of eLearning Services practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

We, Mobile Cloud Systems Ltd, and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

Copyrights

All content and functionality on the website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Mobile Cloud Systems Ltd and is protected by Irish and international copyright laws. All rights not expressly granted are reserved. Any communications between you and eLearning Services, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.

Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the website are the registered and unregistered Trademarks of Mobile Cloud Systems Ltd. You agree that you will not refer to or attribute any information to Mobile Cloud Systems Ltd in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Mobile Cloud Systems Ltd without written consent from Mobile Cloud Systems Ltd.

Use of Site Content

You may not reproduce, modify, distribute, transmit, post, or disclose the Website Content without Mobile Cloud Systems Ltd prior written consent. When you use the website, you can read and obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the website by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Mobile Cloud Systems Ltd), and you agree not to post or use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,

• violates the privacy, publicity, or other rights of third parties,

• is unlawful, defamatory, discriminatory, libellous, obscene, abusive, threatening, harassing, pornographic,

• hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by eLearning Services in its sole discretion,

• is false or inaccurate, or

• could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our users, you may be exposed through the website or services to Content that violates our policies or is otherwise offensive. You may use the website and services at your own risk. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

Notices of Infringement

Mobile Cloud Systems Ltd prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the website, please write to Mobile Cloud Systems Ltd, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. eLearning Services will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish law upon receipt of such a statement. Mobile Cloud Systems Ltdcontact for submission of notices under this Section is: info@elearningservices.ie

General rules of user conduct

It is our goal to make the use of our website and services a good experience for all of our users, so you agree not to do any of the following:

• conduct or promote any illegal activities while using the website or services;

• upload, distribute or print anything that may be harmful to minors;

• attempt to reverse engineer or jeopardize the correct functioning of the website or services, or otherwise

• attempt to derive the source code of the software (including the tools, methods, processes, and

• infrastructure) that enables or underlies the website;

• attempt to gain access to secured portions of the website to which you do not possess access rights;

• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

• use the website to generate unsolicited email advertisements or spam;

• use any automatic or manual process to search or harvest information from the website, or to interfere in any

• way with the proper functioning of the website; or

• impersonate another user.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Website and Services in accordance with this Agreement. “eLearning Services” is our trademark. Other product and company names that are mentioned on the Website or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on eLearning Services, excluding all intellectual property of other sites obtained by way of API (Application Programming Interface) and linking and Content posted by our customers, is owned by Mobile Cloud Systems Ltd. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). The Marks are owned or licensed to Mobile Cloud Systems Ltd, subject to copyright and other intellectual property rights under Irish Law, the law of the jurisdiction where you reside, and international conventions. Content provided by Mobile Cloud Systems Ltd is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and Services.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

Security and Privacy

Information, such as credit card information provided in connection with a purchase, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with the purchase, other than your credit card information, may be disclosed by us to the eLearning Services Merchant for their commercial purposes including provisioning the sale item.

You have a statutory right to a 7 day right to cancel (cooling-off period) when purchasing online. If the product is defective in anyway, please return it or notify us with a covering letter and we will deal with the issue.

Disclaimers

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT MOBILE CLOUD SYSTEMS LTD IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOBILE CLOUD SYSTEMS LTD AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. MOBILE CLOUD SYSTEMS LTD SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. NEITHER MOBILE CLOUD SYSTEMS LTD NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

Limitations of Liability

Your sole and exclusive remedy for any dispute with us is to discontinue your use of eLearning Services. We, our affiliates, officers, directors, agents, vendors, and merchants, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the site and services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability, and the liability of our affiliates, officers, directors, agents, vendors, and merchants, shall be limited to the extent permitted by law.

Indemnity

You hereby agree to indemnify and keep indemnified Mobile Cloud Systems Ltd, its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from your use of the Website, the Service, Products or any breach of these Terms of Use by you.

Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against eLearning Services or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Website.

Electronic Communications

The communications between you and Mobile Cloud Systems Ltd use electronic means, whether you visit the Website or send us emails, or whether Mobile Cloud Systems Ltd posts notices on the Website or communicates with you via email or Newsletter. For contractual purposes, you (a) consent to receive communications from eLearning Services in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mobile Cloud Systems Ltd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights

Third-Party Web Sites

We may provide links to third-party Web sites and applications, and some of the content appearing to be on this website is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Mobile Cloud Systems Ltd has no responsibility for these third-party Web sites and applications, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Governing Law; Jurisdiction

These Terms are governed by the laws of the Republic of Ireland without reference to the principles of conflicts of laws thereof. Any dispute arising from these T&C shall be resolved exclusively in the Republic of Ireland.