In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that the ITA makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the ITA proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means the ITA’s place of business located at Avenue de Rhodanie 40B, 1007 Lausanne, Switzerland;
"System": means any online communications infrastructure that the ITA makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by the ITA and acting in the course of their employment;
"Website": means the website that you are currently using (academy.ita.sport) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/the ITA’s": means the ITA, a Swiss not-for-profit foundation constituted pursuant to Sections 80 et seq. of Swiss Civil Code, having its registered office at Avenue de Rhodanie 40B, 1007 Lausanne, Switzerland.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject
to the exceptions in Clause 5 of these Terms and Conditions, all Content
included on the Website, unless uploaded by Users, including, but not limited
to, text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property
of the ITA, our affiliates or other relevant third parties.
By continuing to use the Website you acknowledge that such material is
protected by applicable Swiss and International intellectual property and
other laws.
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4.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use material from the Website unless otherwise indicated on the
Website or unless given the ITA’s express written permission to do so.
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5.1 Unless
otherwise expressly indicated, all Intellectual Property rights including, but
not limited to, Copyright and Trademarks, in product images and descriptions
belong to the copyright owners, manufacturers or distributors of such products
as may be applicable.
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5.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Website or
unless given express written permission to do so by the relevant copyright
owner, manufacturer or supplier.
Material from
the Website may not be re-used without written permission.
This Website may
contain links to other sites. Unless expressly stated, these sites are not
under the control of the ITA or that of the ITA’s affiliates. We
assume no responsibility for the content of such websites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Website does not imply
any endorsement of the sites themselves or of those in control of them.
Those wishing to
place a link to this Website on other sites may do without the ITA’s prior
permission.
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9.1 When
using any System on the Website you should do so in accordance with the
following rules. Failure to comply with these rules may result in your Account
being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You
must not impersonate other people, particularly employees and representatives
of ITA or the ITA’s affiliates; and
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9.1.7 You
must not use the ITA’s System for unauthorised mass-communication such as
"spam" or "junk mail".
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9.2 You
acknowledge that ITA reserves the right to monitor any and all
communications made to Us or using the ITA’s System.
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9.3 You
acknowledge that ITA may retain copies of any and all communications
made to Us or using the ITA’s System.
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9.4 You acknowledge that any information
you send to Us through the ITA’s System may be modified by Us in any way
and you hereby waive your moral right to be identified as the author of
such information. Any restrictions you may wish to place upon the ITA’s
use of such information must be communicated to Us in advance and We
reserve the right to reject such terms and associated information.
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10.1 In
order to procure Services on this Website and to use certain other parts of the
System, you are required to create an Account which will contain certain
personal details and Payment Information which may vary based upon your use of
the Website as We may not require payment information until you wish to make a
purchase. By continuing to use this Website you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If
you have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to suspend
your Account and cancel any unauthorised orders or payments that may be
pending.
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10.4 When
choosing your username you are required to adhere to the terms set out above in
Clause 9. Any failure to do so could result in the suspension and/or deletion
of your Account.
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11.1 Either the
ITA or you may terminate your Account. If We terminate your Account, you
will be notified by email and an explanation for the termination will be
provided. Notwithstanding the foregoing, We reserve the right to terminate
without giving reasons.
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11.2 If
We terminate your Account, any current or pending orders or payments on your
Account will be cancelled and provision of Services will not commence.
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12.1 Whilst
every effort has been made to ensure that all general descriptions of Services
available from the ITA correspond to the actual Services that
will be provided to you, We are not responsible for any variations from these
descriptions as the exact nature of the Services may vary depending on your
individual requirements and circumstances. This does not exclude the ITA’s
liability for mistakes due to negligence on the ITA’s part and refers only to
variations of the correct Services, not different Services altogether. Please
refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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12.5 In
the event that prices are changed during the period between an order being
placed for Services and Us processing that order and taking payment, then the
price that was valid at the time of the order shall be used.
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13.1 No
part of this Website constitutes a contractual offer capable of acceptance.
Your order constitutes a contractual offer that We may, at the ITA’s sole
discretion, accept. The ITA’s acceptance is indicated by Us sending to you an
order confirmation email. Only once We have sent you an order confirmation
email and after receiving your payment will there be a binding contract
between the ITA and you.
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13.2 Order
confirmations under sub-Clause 13.1 will be sent to you before the Services
begin and shall contain the relevant information with details pertaining to the
Services’ characteristics.
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13.3 If
We, for any reason, do not accept your order, no payment shall be taken under
normal circumstances. In any event, any sums paid by you in relation to that
order will be refunded, the timeline depending on your bank’s transfer policy.
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13.4 Payment
for the Services shall be taken immediately via your chosen payment method, for
the fee that corresponds to the service you purchased.
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13.5 We
aim to fulfill your Order in accordance with the scheduled start date of the
relevant course. If we are unable to do so, we will inform you either on the
relevant course webpage before you place your Order or by contacting you
directly after your Order is placed. Please note that time is not of the
essence in this Contract—this means that while we will make reasonable efforts
to meet any indicated timelines, they are not guaranteed and we are not legally
liable if we do not meet them.
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13.6 The
ITA shall use all the ITA’s reasonable endeavours to provide the Services
with reasonable skill and care, commensurate with best trade practice.
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13.7 In
the event that Services are provided that are not in conformity with your order
and thus incorrect, you should contact Us immediately to inform Us of the
mistake.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
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13.8 The
ITA provides technical support via our online support forum and/or
phone. The ITA makes every effort possible to respond in a timely
manner but we do not guarantee a particular response time.
Use of the
Website is also governed by the ITA’s Privacy Policy (academy.ita.sport/privacy)
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
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15.1 All
personal information that We may collect (including, but not limited to, your
name and address) will be collected, used and held in accordance with the
provisions of the applicable Swiss and International data protection laws and
your rights under these laws.
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15.2 We may use your personal information to:
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15.2.1 Provide
the ITA’s Services to you;
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15.2.2 Process
your payment for the Services; and
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15.2.3 Inform
you of new products and services available from Us. You may request that We
stop sending you this information at any time.
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15.3 In
certain circumstances (if, for example, you wish to purchase Services on
credit), and with your consent, We may pass your personal information on to
credit reference agencies. These agencies are also bound by the Data Protection
laws and should use and hold your personal information accordingly.
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15.4 We
will not pass on your personal information to any other third parties without
first obtaining your express permission.
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16.1 We
make no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit for
a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be secure and that
all information provided will be accurate. We make no guarantee of any specific
results from the use of our Service or Services.
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16.2 No
part of this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.
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16.3 No
part of this Website is intended to constitute a contractual offer capable of
acceptance.
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16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the
right to change the Website, its Content or these Terms and Conditions at any
time. You will be bound by any changes to the Terms and Conditions from the
first time you use the Website following the changes. If We are required to
make any changes to these Terms and Conditions by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
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18.1 The
Website is provided “as is” and on an “as available” basis. The ITA uses
industry best practices to provide a high uptime, including a fault-tolerant
architecture hosted in cloud servers. We give no warranty that the Website or
Facilities will be free of defects and / or faults and we do not provide any
kind of refund for outages. We provide no warranties (express or implied) of
fitness for a particular purpose, accuracy of information, compatibility and
satisfactory quality.
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18.2 We
accept no liability for any disruption or non-availability of the Website
resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, power failure,
natural events, acts of war or legal restrictions and censorship.
- 19.1 To
the maximum extent permitted by law, We accept no liability for any direct or
indirect loss or damage, foreseeable or otherwise, including any indirect,
consequential, special or exemplary damages arising from the use of the Website
or any information contained therein. You should be aware that you use the
Website and its Content at your own risk.
- 19.2 Nothing
in these Terms and Conditions excludes or restricts the ITA's liability
for any direct or indirect loss or damage arising out of the incorrect
provision of Services or out of reliance on incorrect information included on
the Website.
- 19.3 In
the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these Terms and
Conditions and shall not affect the validity and enforceability of the
remaining Terms and Conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
In the event
that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right
or remedy.
In the event of
any conflict between these Terms and Conditions and any prior versions thereof,
the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
Nothing in these
Terms and Conditions shall confer any rights upon any third party. The
agreement created by these Terms and Conditions is between you and the ITA.
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23.1 All
notices / communications shall be given to Us either by post to the ITA’s
Premises (see address above) or by email to training@ita.sport.
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23.2 We
may from time to time, if you opt to receive it, send you information about the
ITA’s products and/or services. If you do not wish to receive such information,
please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and
Conditions and the relationship between you and the ITA shall be
governed by and construed in accordance with Swiss Law. Any dispute, controversies or
differences which may arise from or in relation to the provision of Services
shall be resolved amicably. In the event that no amicable settlement is
possible the ITA and you agree to submit the dispute to
the exclusive jurisdiction of the courts in Switzerland.