Terms of Use

Thank you for using [site:name]!

[site:name]'s products and services are provided by [site:name], Inc. These Terms of Use ("Terms") govern your use of [site:name]'s learning platform, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us at [site:mail] if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms and our Privacy Policy.

Using [site:name]

Sysmex UK LTD works in partnership with Sysmex Academy to provide training and educational services to its customers. In addition to the terms and conditions cited by Sysmex Academy, Sysmex UK LTD includes additional terms and conditions which are applicable to all of its customers and affiliates who use this service. Please ensure you read these Terms carefully.

Training Credits

The Sysmex UK Training Academy provides its customers with their own unique training “budget” in the form of training credits. The following information govern their use:

Customers must have a service contract for the individual equipment to receive training credits.
The training credit system runs concurrently with the calendar year. The carryover of training credits to the following year is not permitted.
Following purchase, the first years training credits must be used for training purposes only.
For contract extensions, customers will receive the basic training credit allocation (as per year 2 onwards).
Where new instruments are purchased as part of a contract refreshment, customers will receive training credits for the new instruments purchased and will continue to receive basic allocation for existing instruments where a valid service contract is in place.
Final years training credits will be based on the number of months (on a pro rata basis) the analyser will be functional, and the training credits cannot be utilised in any event following decommissioning.
In the unlikely event of Sysmex cancelling a training course all training credits will be reimbursed.
Should Sysmex cancel a training course due to inappropriate conduct, training credits will not be reimbursed.
Training course cancellations must be made two weeks in advance of the training or training credits cannot be refunded unless they are made due to exceptional circumstances.

Training Courses

For new installations two people per mainline analyser or IT System should complete comprehensive training. Comprehensive training is not compulsory from year two onwards following instrument purchase.
Comprehensive training may run over 2 or 3 days without further adjustment in training credits where additional support is required.
Sysmex reserve the right to postpone training if the required minimum number of attendees is not reached.
Sysmex will endeavour to provide a minimum of 2 weeks’ notice for course cancellations.
In the situation whereby delegates are required to be substituted, Sysmex will endeavour to accommodate any changes. However, any pre-booked travel arrangements which require alteration will be chargeable.
All travel will be standard fare, and where this involves flights and/or trains will be booked by Sysmex UK Ltd directly. All taxis, bus service, parking (standard long-term only) must be verified with receipts. Hotels will be booked by Sysmex UK Ltd at the standard bed and breakfast rate. For comprehensive training courses of duration greater than 2 days, an allowance for meals will be provided (No alcohol included).
All travel expense claims must be submitted within one month of course attendance.
All hotel bookings will be made subject to availability.
The time period scheduled for each course allows for meal and refreshment breaks and questions on aspects of the course content. However, should the course be completed resulting in an early finish, no adjustment will be made to your training credit allocation.
All attendees must comply with all applicable Health & Safety legislation, codes of conduct and codes of practice.
Sysmex reserve the right to terminate training session(s) if actions are deemed inappropriate or detrimental to the session.
Sysmex may remove a delegate from a course, where in the opinion of the Trainer, the delegate is behaving unreasonably.
In accordance with ISO 27001:2013, any personal data captured during training will only be utilised for the purpose of carrying out training obligations and will not be passed on to any third parties outside of the Sysmex Organisation.
Sysmex UK reserves the right to amend the content of any course(s) without prior notice to customers.
Sysmex UK reserves the right to make changes to the Training Academy Scheme, without prior notice to customers.
Sysmex UK will endeavour to honour all appropriate training requests so far as reasonably practical.

Who May Use our Services

You may use our Services only if you can form a binding contract with [site:name], and only in compliance with these Terms and all applicable laws. When you create your [site:name] account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain [site:name]'s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses

Course Modifications

While we take pride in our world-class courses, unexpected events do occur. [site:name] reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate (or other equivalent [site:name] credential) for that course. [site:name], the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which [site:name] may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in the communities, and the like ("User Content"), with [site:name], instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, [site:name] does not waive any rights to use similar or related Feedback previously known to [site:name], developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, [site:name] cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [site:mail].

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. [site:name] cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. [site:name] disclaims any responsibility or liability related to your access or use of such third party content.

Copyright and Trademark Policy

[site:name] respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the [site:name] Copyright and Trademark Policy in accordance with applicable law.

Education Research

[site:name] is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services

[site:name] offers paid Services (e.g., Courses) for a fee. Unless otherwise stated, all fees are quoted in Euros. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and [site:name] reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, [site:name] may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of [site:name], its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "[site:name] Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimers

The services and all included content are provided on an "As is" basis without warranty of any kind, whether express or implied. The [site:name] parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The [site:name] parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.

Limitation of liability

To the maximum extent permitted by law, the [site:name] parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable [site:name] party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall [site:name]'s aggregate liability for all claims related to the services exceed twenty u.S. Dollars ($20) or the total amount of fees received by [site:name] from you for the use of paid services during the past six months, whichever is greater.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and the [site:name] parties, and that these limitations are an essential basis to [site:name]'s ability to make the services available to you on an economically feasible basis.

You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless the [site:name] Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

Danish law governs the Contract.

Should any disagreement arise between the parties about the Contract, the Parties shall in a co-operative and responsible manner seek to open negotiations for resolving the dispute.

If the Parties are unable to negotiate a solution, the dispute must be referred to mediation by a mediator appointed jointly by the Parties.

In cases where the Parties could not settle disputes by dialogue or mediation, the dispute will be settled by arbitration arranged by The Danish Institute of Arbitration in Copenhagen in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability and Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Referenced Policies

Acceptable Use Policy
Copyright and Trademark Infringement Policy
Privacy Policy
Refund Policy
Honor Code

Acceptable Use Policy

[site:name]'s mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our partner institutions and instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.

You are prohibited from using our Services to share content that:

Contains illegal content or promotes illegal activities with the intent to commit such activities.
We do not allow content that is inappropriate.
Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates the [site:name] Terms of Use. Please note that specific courses may have additional rules and requirements.

You also aren't allowed to:

Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user's account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.

Copyright and Trademark Policy

[site:name] respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

If you believe in good faith that materials on the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow [site:name] to locate the material on the Services;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send all information via email: [site:mail].
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.

[site:name] also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by [site:name] in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at [site:mail], and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

[site:name] Refund Policy

For details on our refund deadlines and policies, please refer to the information beloe. Please also note that we treat violations of our Terms of Use and Honor Code very seriously and we have no obligation to offer refunds to learners who are found to be in violation of these terms, even if their requests are made within the designated refund period. Similarly, we do not offer late refunds to learners who do not pass a course or Specialization, or who are otherwise unsatisfied with their final grade.

For Course Purchases

If you cancel your paid enrollment for a course, [site:name] will offer you a complete refund until 14 days after payment, or until you have completed 25% of the course, whichever is earlier. If you pre-enroll and pay for a course, [site:name] will offer you a complete refund until 14 days after the course launches or until you have completed 25% of the course, whichever is earlier. After this, your registration will expire and you will need to pay to re-enroll for the course.

For Other Paid Services

Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, [site:name] has no obligation to provide refunds or vouchers for any other Services.

Honor Code

All students participating in the class must agree to abide by the following code of conduct:

I will register for only one account.
My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Effective as of January 1st 2017.