Terms and Conditions

Please read carefully

This page contains the Terms and Conditions, Privacy policy and End User Licence Agreement for the Humanitarian Logistics Program website and associated resources.


Terms and Conditions

(1)  Introduction

These terms and conditions govern your use of the Humanitarian Logistics Program website; by using our websites, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Humanitarian Logistics Program website.

(2)  Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the Humanitarian Logistics Program website and material on the Humanitarian Logistics Program website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a)  republish material from the Humanitarian Logistics Program website (including republication on another website);

(b)  sell, rent or sub-license material from the Humanitarian Logistics Program website;

(c)  show any material from the Humanitarian Logistics Program website in public;

[(d)  reproduce, duplicate, copy or otherwise exploit material on the Humanitarian Logistics Program website for a commercial purpose;

(e)  edit or otherwise modify any material on the Humanitarian Logistics Program website; or

(f)  redistribute material from the Humanitarian Logistics Program website

(3)  Acceptable use

You must not use the Humanitarian Logistics Program website in any way that causes, or may cause, damage to the impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Humanitarian Logistics Program website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use the Humanitarian Logistics Program website to transmit or send unsolicited commercial communications.

You must not use the Humanitarian Logistics Program website for any purposes related to marketing without our express written consent.

(4)  Restricted access

Access to certain areas of the Humanitarian Logistics Program website is restricted. We reserve the right to restrict access to other areas of the Humanitarian Logistics Program website, or indeed our whole Humanitarian Logistics Program website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the Humanitarian Logistics Program other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(5)  User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Humanitarian Logistics Program website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the Humanitarian Logistics Program website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Humanitarian Logistics Program website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6)  Limited warranties

Whilst we endeavour to ensure that the information on the Humanitarian Logistics Program website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Humanitarian Logistics Program website remains available or that the material on the Humanitarian Logistics Program website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Humanitarian Logistics Program website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)  Limitations of liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)  to the extent that the Humanitarian Logistics Program website and the information and services on the Humanitarian Logistics Program website are provided free-of-charge or on a subscription basis, we will not be liable for any loss or damage of any nature;

(b)  we will not be liable for any consequential, indirect or special loss or damage;

(c)  we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)  we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(8)  Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(9)  Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the Humanitarian Logistics Program website, blocking computers using your IP address from accessing the Humanitarian Logistics Program website, contacting your internet service provider to request that they block your access to the Humanitarian Logistics Program website and/or bringing court proceedings against you.

(10)  Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Humanitarian Logistics Program website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(11)  Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(12)  Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13)  Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(14)  Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of the Humanitarian Logistics Program website, and supersede all previous agreements in respect of your use of the Humanitarian Logistics Program website.

(15)  Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(16)   Our details

The full name of our company is Fritz Institute, and we are registered in the United States of America, at One Embarcadero Center, Suite 370, San Francisco, CA 94111, United States of America.

You can contact us by email to info@fritzinstitute.org


Privacy Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

(1)  What information do we collect?

We may collect, store and use the following kinds of personal data:

(a)  information about your computer and about your visits to and use of the Humanitarian Logistics Program website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);

(b)  information relating to any transactions carried out between you and us on or in relation to the Humanitarian Logistics Program website, including information relating to any purchases you make of our goods or services;

(c)  information that you provide to us for the purpose of registering with us;

(d)  information that you provide to us for the purpose of subscribing to the Humanitarian Logistics Program website services, email notifications and/or newsletters ;

(e)  any other information that you choose to send to us; and

(2)  Cookies

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the Humanitarian Logistics Program website; and to record your activity in courses. We will use the persistent cookies to: enable the Humanitarian Logistics Program website to recognise you when you visit.

We use Google Analytics to analyse the use of the Humanitarian Logistics Program website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

(3)  Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

(a)  administer the Humanitarian Logistics Program website;

(b)  improve your browsing experience by personalising the Humanitarian Logistics Program website;

(c)  enable your use of the services available on Humanitarian Logistics Program website;

(d)  send to you goods purchased via Humanitarian Logistics Program website, and supply to you services purchased via Humanitarian Logistics Program website;

(e)  send statements and invoices to you, and collect payments from you;

(f)  send you general (non-marketing) commercial communications;

(g)  send you email notifications which you have specifically requested;

(h)  send to you marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(i)  provide third parties with statistical information about our users – but this information will not be used to identify any individual user;

(j)  deal with enquiries and complaints made by or about you relating to Humanitarian Logistics Program website.

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

(4)   Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose information about you:

(a)  to the extent that we are required to do so by law;

(b)  in connection with any legal proceedings or prospective legal proceedings;

(c)  in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d)  to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.

Except as provided in this privacy policy, we will not provide your information to third parties.

(5)  International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Economic Areas (EEA).

In addition, personal information that you submit for publication on Humanitarian Logistics Program website will be published on the internet and may be available, via the internet, around the world.

You expressly agree to such transfers of personal information.

(6)  Security of your personal data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

You are responsible for keeping your password and user details confidential. We will not ask you for your password.

(7)  Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy by email.

(8)  Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).

You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)

(9)  Third party websites

The Humanitarian Logistics Program website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(10)    Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

(11)     Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to info@fritzinstitute.org or by post to

Fritz Institute, One Embarcadero Center, Suite 370, San Francisco, CA 94111, United States of America.

(12)    Data controller

The data controller responsible for our website is Fritz Institute.


End User Licence Agreement (EULA)


PLEASE READ THE TERMS AND CONDITIONS CAREFULLY OF THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) BEFORE INSTALLING AND/OR USING THE SOFTWARE. BY USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) AND THE SUPPLIERS.
IF YOU DO NOT AGREE TO THE ALL THE TERMS AND CONDITIONS SET OUT BELOW, DO NOT INSTALL/USE THE SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE AND A COPY OF THE SALES RECEIPT TO THE PLACE OF PURCHASE FOR A FULL REFUND.


THIS EULA SHALL APPLY ONLY TO THIS VERSION OF THE SOFTWARE.

Definitions

“Suppliers”
Fritz Institute whose registered office is at One Embarcadero Center, Suite 370, San Francisco, CA 94111, United States of America.
“Software” means the SCILaid software programmes supplied by the Suppliers and corresponding documentation, associated media, printed materials, and online or electronic documentation.

License
Subject to complying with the terms of the EULA, this agreement allows you to install and use one copy of this Software on a single computer. You can make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

This agreement does not allow you to install the Software on a storage device, such as a network server, and run the Software on an internal network. If this is required an additional EULA can be obtained from the Supplier which allows this use provided the number of concurrent users does not exceed the number of single or multi-user licenses of the Software purchased.

Copyright
You will keep all course content and information personal to yourself and will adhere to the terms and conditions as to copyright set out below.

This Software is owned by the Suppliers as stated in the Definitions section. The Software contents are protected by copyright. You acknowledge that the learning content and any underlying technology and Software used in connection with the Software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, trademarks and of other data provided by the Suppliers or other party providers are the copyrighted works of us and/or such other party. Except as expressly authorized in these terms and conditions you may not make unauthorized copies of the software, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sale, transfer, display, transmit, share or compile or collect in a data base, or in any manner commercially exploit any part of the content, in whole or in part, except that you may install one copy of the materials on any single computer for your personal use. You may not store any significant portion of any content owned by, or licensed to us in any form, whether archived files, computer readable files or any other medium, you also may not mirror or frame any content on any other service. You may not reverse engineer, decompile, or disassemble the Software product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

The Suppliers trademarks contained in the Software are trademarks or registered trademarks of Suppliers in the USA. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use the Suppliers or its licensors’ names or any of their respective trademarks.


Disclaimer of Warranties and Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SOFTWARE AND ITS CONTENT IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS. WE EXPRESS TO DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE SOFTWARE PRODUCTS AND SERVICES WILL MEET WITH YOUR REQUIREMENTS (2) THE SOFTWARE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURED OR ERROR-FREE (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE FROM THE SOFTWARE COURSE CONTENT WILL BE ACCURATE OR RELIABLE (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SUPPLIERS WILL MEET YOUR EXPECTATIONS AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESORTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SUPPLIERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOU AGREE THAT IN NO EVENT WILL WE THE SUPPLIERS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATE OR AGENTS AND OTHER PARTIES ASSOCIATED WITH THIS SOFTWARE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF YOUR USE OR OF YOUR INABILITY TO ACCESS YOUR HARDWARE, THE CD ROM SOFTWARE CONTENT, OR YOUR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OR PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. WHERE A COUNTRY OR STATE DOES NOT PERMIT THE EXCLUSION OF OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED WITHIN THE LAW.

Except in the case of death or personal injury our liability to you shall not exceed the value paid for the Software product.

If you wish to vary any of these terms the Suppliers may be prepared to vary the terms upon an additional payment. Should you wish to do so contact us immediately as any variation must be agreed in writing in advance of the contract.
Incorporation of Law
This Software has been created by the Suppliers as defined in the Definitions section of this agreement. As such, this agreement shall be governed and constructed in all respects in accordance with USA law (exclusive of any choice or law or other provision that would result in the application of the laws of any other jurisdiction). The Suppliers reserve the right, at our discretion to change and modify the Software and this EULA at any time.

General
This EULA constitutes the entire agreement between you and the Suppliers concerning the product.

No terms of any purchase order, acceptance, purported amendment, or any other document shall replace, modify, amend or supersede this EULA.

No waiver by the Suppliers of any breach of the terms shall be construed as a waiver of any preceding or other breach.


Fritz Institute
One Embarcadero Center
Suite 370
San Francisco
CA 94111
United States of America

Modifié le: dimanche 15 avril 2012, 15:49