Terms of use - OECD e-learning Academy on Responsible Business Conduct
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These terms of use (hereinafter the “Terms of Use”) govern your use of the OECD’s Centre for Responsible Business Conduct Learning Management System (hereinafter the “RBC CENTRE LMS”) made available by the Organisation for Economic Co-operation and Development (hereinafter the “OECD” or the “Organisation”). By using the RBC CENTRE LMS, you (hereinafter “You” or “the User”) agree to be bound by the Terms of Use herein applicable between You and the OECD, including any policies referenced in these Terms of Use.
1. RBC CENTRE LMS 1.1 Description of the RBC CENTRE LMS The RBC CENTRE LMS offers learning objects including e-learning courses, videos, tests and other learning interactions to Users upon request and subsequent registration. Course contents or other materials (hereinafter collectively “Materials”) may be made available to the User via the RBC CENTRE LMS. The OECD reserves the right to withdraw or modify the e-learning course, or any of the Materials, from the RBC CENTRE LMS at any time. Completion of the course does not entitle the User to any academic credits of any kind. 1.2 Right to access and use the RBC CENTRE LMS Subject to compliance with these Terms of Use and any policies referenced herein, the User is granted a limited, personal, non-exclusive, non-transferable, and revocable license right to use the RBC CENTRE LMS and the Materials exclusively for the User’s own personal and non-commercial educational use. Breach of these Terms of Use may result in the User being denied access to the RBC CENTRE LMS and the User’s license to use the Materials being revoked.
2. COPYRIGHT The Materials available on the RBC CENTRE LMS are protected under copyright. Accordingly:
3. DISCLAIMERS THE MATERIALS AS WELL AS ANY OTHER INFORMATION PROVIDED on the RBC CENTRE LMS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The OECD makes every effort to ensure, but does not guarantee, the accuracy or completeness of such Materials. If errors are brought to the OECD’s attention, the OECD will try to correct them. The OECD may add, change, improve, or update the Materials on the RBC CENTRE LMS without notice. The OECD reserves its exclusive right in its sole discretion to alter, limit or discontinue all or part of the RBC CENTRE LMS and/or any Material. Under no circumstances shall the OECD be liable for any loss, damage, liability or expense suffered which is claimed to result from use of the RBC CENTRE LMS or the Materials provided therein, including without limitation, any fault, error, omission, interruption or delay. In particular, and without limitation, the OECD disclaim all guarantees as to the compatibility of the RBC CENTRE LMS or the Materials with any hardware, operating system, web browser, or other means of accessing the RBC CENTRE LMS or the Materials. Use of the RBC CENTRE LMS, or any component thereof (including the Materials) is at the User's sole risk. The OECD accepts no responsibility with regard to failure of performance, computer virus, communication line failure, alteration of content, etc. incurred as a result of using the RBC CENTRE LMS or accessing the Materials or any link to external sites. The Materials made available on the RBC CENTRE LMS may contain advice, opinions and statements from external websites or persons for which the OECD takes no responsibility. Hyperlinks to non-OECD Internet sites do not imply any official endorsement of or responsibility for the opinions, ideas, data or products presented at these locations or guarantee the validity of the information provided. The sole purpose of links to non-OECD Internet sites is to indicate further information available on related topics. Territorial disclaimers Information contained in the Materials or otherwise made available via the RBC CENTRE LMS does not imply the expression of any opinion whatsoever on the part of the OECD or its Members concerning the legal status of any country or of its authorities. Their content, as well as any data and any maps displayed are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.
4. USER ACCOUNT AND USER CONTENT 4.1. You undertake to provide accurate information to the OECD at the time of registering to use the RBC CENTRE LMS and creating a user account, and to keep such information concerning You up to date at all times. You undertake to keep your user account information (log-in details, password, etc.) confidential and not to grant any third parties access to the RBC CENTRE LMS via your account. In the event of any breach of your security credentials or suspected unauthorised use of your account, You undertake to inform the OECD promptly and to take reasonable measures to protect the security of your account, such as changing your personal password. 4.2. In the event that You make available any User Content (defined as any content submitted, published, uploaded or otherwise transmitted by You to the RBC CENTRE LMS), You affirm and warrant that making available such User Content does not infringe the rights of any third parties and You grant an unlimited, worldwide, non-revocable, perpetual, royalty-free licence to the OECD, its service providers and any other users of the RBC CENTRE LMS to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Content, in whole or in part, in any form and in any media formats and through any media channels (whether existing now or developed in the future). 4.3. You undertake not to make available any User Content that may be defamatory, discriminatory, unlawful, inappropriate, offensive or objectionable. You are responsible for ensuring that all User Content You make available on the RBC CENTRE LMS is lawful and that You do not violate any applicable law, contract or intellectual property rights or any rights of third parties, for which You can be held accountable. 4.4. You acknowledge that the OECD is not responsible for the actions of any other Users of the RBC CENTRE LMS, including but not limited to User Content that is not compliant with these Terms of Use herein. You may report any offensive or inappropriate User Content by email to RBC@oecd.org.
5. LIABILITY 5.1. The Organisation excludes all representations, terms, conditions, warranties or guarantees (including as to acceptable quality, fitness for purpose, satisfaction of the User’s requirements or timeliness) and the User agrees it has not relied on any such matters. The Organisation excludes all liability to the User (and anyone claiming through the User). 5.2. The User shall indemnify and hold harmless the Organisation and its personnel or any related body or entity against any and all claims, losses, damages, costs or liabilities of any nature whatsoever, arising directly or indirectly out of or in connection with any breach by the User of these Terms of Use herein or any use made by the User of the RBC CENTRE LMS or the Materials (including but not limited to the User Content).
6. DATA PROTECTION Any personal data collected from, transmitted by or otherwise obtained from the User in relation to the User’s use of the RBC CENTRE LMS will be processed in accordance with the Personal Data Protection Notice for the RBC CENTRE LMS, which can be consulted below: The OECD is committed to protecting the personal data it processes, in accordance with the OECD’s Personal Data Protection Rules. In order to use the RBC CENTRE LMS platform, Users may need to submit and the OECD may need to process personal data, that may include a User’s name, email address, gender, job title, employer, affiliation, country, test scores and completions of courses. The data may also be used for reporting in aggregated form by the OECD. No individual will be identified in such reporting, nor will an individual’s learning performance be evaluated or ranked. The personal data collected and processed for the use of the RBC CENTRE LMS will be stored on behalf of the OECD via the cloud-based storage of the RBC CENTRE LMS and will be transferred monthly to be stored within the OECD’s internal network drive, with access restricted to appropriate staff. The User’s personal data will be retained until the User has five years of inactivity on the RBC CENTRE LMS or until the User has deleted the User account (whichever is earlier), unless otherwise required to be retained for the purpose of enforcement of the Terms of Use, including any claims thereunder. Under the Rules, the User has rights to access and rectify the User’s personal data, as well as to object to its processing, request erasure, and obtain data portability in certain circumstances. To exercise these rights in connection with this platform the User may contact RBC@oecd.org . If the User has further queries or complaints related to the processing of the User’s personal data, please contact the Data Protection Officer. If the User needs further assistance in resolving claims related to personal data protection the User can contact the Data Protection Commissioner. The OECD may use third party vendors, contractors or service providers to assist in providing the RBC CENTRE LMS to the User. The User’s personal data may be shared with such third parties solely for that purpose, pursuant to contractual arrangements that contain appropriate safeguards for the protection and security of personal data. Such third parties include but are not limited to Cornerstone OnDemand Europe Ltd, whose privacy policy may be consulted here: https://www.cornerstoneondemand.com/client-privacy-policy/.
7. APPLICABLE LAW AND DISPUTE RESOLUTION Given the status of the Organisation as an international organisation, the rights and obligations of the Organisation and the rights and obligations of the User shall be governed exclusively by these Terms of Use. Any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of the Terms of Use, including their existence, validity or termination, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration (PCA) Arbitration Rules 2012. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. The place of arbitration shall be Paris (France). The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal, or if this renunciation is not legally possible, the parties expressly agree that if an award rendered by the arbitral tribunal is annulled, the jurisdiction ruling on the annulment proceedings cannot rule on the merits of the case. The dispute will therefore be settled by new arbitral proceedings in accordance with this clause. The parties expressly renounce their right to seek the annulment or setting-aside of any award rendered by the arbitral tribunal.
8. PRIVILEGES AND IMMUNITIES Nothing in these Terms of Use shall be construed as a waiver of any privileges and immunities to which the Organisation is entitled under international or national law, including any privileges and immunities agreement.
9. WAIVER No failure or delay by the Organisation to exercise any right or remedy provided under the Terms of Use shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any right or remedy. No single or partial exercise of such right or remedy shall constitute a waiver of the further exercise of that or any other right or remedy.
10. MODIFICATION OF TERMS OF USE The OECD may amend the Terms of Use herein at any time at its sole discretion. Where the OECD makes material changes to the Terms of Use, notice will be provided to the User on the RBC CENTRE LMS. Continuing to use the RBC CENTRE LMS and/or its Materials means that the User agrees to the updated version of the Terms of Use. If the User does not agree with any changes, the User should cease to use or access the RBC CENTRE LMS and its Materials.
Last updated: 26 April 2021 |
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