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Conditions of Use

Licence Agreement for the use
of ‘frcrcourse.in’ e-Learning platform and its contents for the First FRCR Preparatory Course conducted by Tata Medical Center, Kolkata, India in collaboration with the Christie School of Oncology, Manchester, UK.

1. Foreword

 

These terms and conditions of use apply to the Users of the Learning Management System. You are therefore kindly requested to read them carefully because by using the LMS, the User agrees to respect them all.

If you do not agree to the terms and conditions of use below, then you are not authorised to use the Platform and the Courses delivered through it.

 

2. Condition of use

Tata Medical Center allows access to and use of the platform and the courses on the following conditions:

• The LMS platform and the Courses delivered through it are available once payment has been made in accordance with the registration process set out by TMC and subscribed to by the Client. Access is activated for the Users nominated by the Client and only for the period stated in the agreement. At the end of this period, TMC may proceed to block User access to the course(s) and/or to LMS.
• The User agrees to use the Platform only for legitimate purposes and not to violate the rights of anyone else or not to limit or inhibit its legal use for anyone else. Prohibited behavior include, in addition to acts of piracy or acts which limit or prevent the availability of the LMS, also causing injuries or harassment to any other user, the transmission of obscene things, the access to the platform if not holding an ID or when impersonating other users. TMC will closely monitor the occurrence of these behaviors and, if found, will, at its sole discretion, remove access to the platform for the user(s) who have been guilty of such acts.
• It is forbidden to probe, scan or test the accessibility and/ or vulnerability of the Platform or any network to which it is connected, or to violate the security or authentication measures of the Platform or any other network to which it is connected.
• It is forbidden to interfere, using any automatic or manual appliance, program, algorithm or other means, with the correct functioning of the Platform or any operation conducted on it.
• Each User is responsible for any content published on the Platform such as, and this is purely an example, messages or exercises solutions. The User relieves TMC of any responsibility in relation to any content published.
• The User will notify TMC immediately if they notice other Users behaving in a way that is in violation of these conditions. They will also relieve TMC from any responsibility and exempt it from any request for compensation for damage or loss when such damage or loss has not been caused by TMC.

 

3. Intellectual Property

• All the intellectual property of individual course content lies with the teacher, or whosoever the teacher indicates within the training material. The User agrees not to infringe any intellectual property rights of the content of the Platform and the Courses and to accept and respect the property of such rights and all the regulations that protect them.
• It is forbidden to copy, reproduce, republish, break apart, dis-compile, download, send, distribute, transmit, or make available to the public any material or content or portion, file or information on the Platform.
• You are allowed to download, copy and print material from the Platform only for personal use and for the training purposes for which it was designed.
• The material downloaded or printed must not be modified and must be destroyed at the end of the access period for the Course to which it belongs.
• The User will be held directly responsible for any improper use or distribution of the material and from the damage that derives from that.

 

4. Accuracy of the content and the information

• The training material contained on and delivered by the Platform and the Platform itself have been accurately checked to the best of our knowledge. However, any guarantee for the Platform and all its contents not strictly covered by the appropriate law is excluded.
• In particular, the Course teachers and TMC cannot be held responsible in any way for possible damages, direct or indirect, which are a consequence of the use of the contents present on the Platform and the Platform itself.
• The training material on the Platform and the Platform itself can be updated at any time if requested by the Teachers or by the Course accreditation bodies, where applicable, or for technical reasons that reflect updates in knowledge, the improvement of the learning experience, the correction of any formal errors, theoretical or technical which may have been identified.
• The content of any links to external sources of information that are present on the Platform must not be considered or interpreted as having been approved by TMC.
• These conditions of use are only applicable to the Platform and as such cannot be applied to the content of other websites referenced on it. It is therefore recommended that you read the conditions of use and the privacy policy that regulates these web sites.

 

5. Responsibility

5.1 Security and Service conformity

• Although TMC has strived to provide the maximum possible during the planning, programming and delivery of the services offered via the Platform, it cannot guarantee that the Platform itself or any of its content, services or functions are without error, available without interruptions, compatible with all kinds of hardware or software (browser for example) or that potential defects are correct or that the use of the Platform will provide the results expected by the Client and / or User. The Platform and its contents are therefore offered and delivered “as they are” and “as available” without any guarantee of suitability for specific uses.
• A minimum of suitable skills and equipment are required for the use of the Platform and the Courses available via it.
• The failure to satisfy the requirements needed to use the Platform could lead to problems with the use of the materials for which TMC cannot be held responsible.
• Although TMC pays particular attention to ensuring the highest possible security for the Platform, it cannot guarantee that any file or data downloaded from it is free of viruses, contamination or negative effects. The responsibility for periodic checks and all the measures intended to pick up on and minimise the impact of viruses or other attacks on the User’s personal computer are entirely the responsibility of the User.
• Analogically, it is the responsibility of the User to ensure the correct use and conservation of the date needed for the User ID.

5.2 User ID

All of the LMS functions and services are available only with the creation of a specific User ID. A User ID is created by TMC for every User and, is associated and communicated to that User. The User is entirely responsible for keeping the information relating to the User ID confidential (including user name and password) and is also responsible for what may happen if they fail to do so.

In particular, the User must:

• always disconnect from the Platform when he leaves his PC unattended;
• not transmit information relating to User ID via mail without encrypting it.

By using the Platform:

• You recognise the need and agree to notify TMC immediately if you become aware of any unauthorised use of the User ID or password.
• You agree not to use the User ID of any other User;
• Recognise that TMC cannot be held responsible for any damages or losses that derive from your failure to understand these obligations.

5.3 Responsibility

• TMC does not accept responsibility for direct or indirect damages, losses for the Client and or User or any third party that derives from the use of the Platform or its contents, unless there is a specific legal obligation and even then only minimally.
• You agree to defend, protect and keep TMC and all its staff exempt from claims, responsibilities, damages, losses or expenses including legal expenses, that derive from or are connected to your violation of these terms and conditions of use.

 

6. Personal Data

• The Data Controller of the Platform data is Tata Medical Center, 14 MAR (EW) Newtown, Kolkata, India 700160.
• In order to use the platform, the User will necessarily have to provide the following personal data: name, surname and email address.
• By accepting these conditions of use, your consent to process personal data will be considered automatically given at every LMS platform access 
• By not accepting the conditions, TMC will not be able to allow the use of the Platform. 
• When known by TMC, also the following data will be inserted in the Platform: city/town, country, platform use preferences (for example language, time zone). The user could modify them himself using the Platform functionalities. 
• During the access to the Platform, data related to its use will be collected automatically, in order to evaluate the progress of the learning activities, in particular: course material the User accessed to, access duration.
• Such information is not used by or communicated to third parties, for example, the employer, until the User gives his/her explicit consent.  
• The User and all the information in relation to him/her will be destroyed after 7 months of inactivity on the Platform.

  

7. Ruling Court

For any disputes that may arise in relation to the use of the Platform and its contents, prevailing Indian law will be applied and they will be dealt with by the court in Kolkata, India.