Terms & Conditions

Terms and Conditions for FitCrew eLearning and Online Course Materials

Please carefully read the terms and conditions of this Licence Agreement for FitCrew eLearning and course materials before accepting and agreeing to these terms and conditions. By signing these terms and conditions, you as an individual or on behalf of an organisation, agree that you have read, understood, and accepted these terms and conditions.

General

• FitCrew reserves the right to change the content of our courses at any time.
• All rights not expressly granted are reserved.
• These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland.

   

eLearning and Online Course Materials

FitCrew endeavours to provide the highest quality content to all our clients.

• All our eLearning and course materials is the property of FitCrew.
• All our eLearning and course material has been prepared, maintained, updated, copyrighted and distributed by FitCrew.
• The use of eLearning and course materials is restricted to the Registered User who has been supplied with the login details by FitCrew.
• The Registered User understands that access to this eLearning and course materials is for their individual learning only. It is not to be used for any other purpose. The Registered User also understands that they cannot copy, share, modify, transmit, or distribute this material. Doing so will lead to prosecution.
• The Registered User shall not allow anyone else to copy, use, modify, transmit, distribute or in any way, exploit the copyrighted materials.
• If the Registered User is signing on behalf of an organisation, the Registered User will make the eLearning and online course materials available to an agreed number of subscribers. This number is to be agreed in advance with The Learning Rooms. The Registered User will ensure that subscribers will be circulated with these Terms and Conditions and be advised that these Terms and Conditions apply to their subscribers also.
• The eLearning and course materials provided by FitCrew are provided “as is” without warranties of any kind, either expressed or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. FitCrew does not warrant that the materials will be error-free, including technical inaccuracies, nor free of viruses or other harmful matter. The entire cost of any necessary service, repair, or correction is the Registered User’s responsibility.
• FitCrew may make improvements or changes to course materials at any time without prior notification. All rights not expressly granted herein are reserved.
• These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland.
• If you do not agree with these Terms and Conditions, you must cease to use the online materials immediately.

   
It is the Registered User’s responsibility to ensure that they have sufficient and compatible hardware, software, and internet service necessary for the use of our eLearning and online course materials.

Copyrights, Trademarks, and Other Proprietary Rights

FitCrew or its third-party content providers shall retain all worldwide rights in the intellectual property on the Site (fitcrew.ie). You should assume that everything you read or see on FitCrew is copyrighted, trademarked, or otherwise protected and owned by FitCrew.

Unless expressly stated, nothing you read and see on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, or displayed for use without the prior consent of FitCrew. Nothing in these Terms grants you an express or implied licence to use any of FitCrew’s intellectual property.

Disclaimers and Limitation of Liability

Users access our eLearning and online course materials at their own risk. The online course materials are provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. FitCrew does not warrant any particular result from the use of the software or Site. FitCrew does not warrant that the information on the eLearning and course materials is accurate, complete, or complies with any particular law or regulation or that the operation of and your access to the materials will be uninterrupted, error-free, virus-free or completely secure.

Under no circumstances and under no legal theory (tort, contract, or otherwise) shall FitCrew or any of its affiliates, agents, employees, shareholders, directors, officers, third-party content providers, or successors be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.

Your use of this eLearning and online course materials is at your sole risk, and any content that you download is done at your own discretion and risk. You are solely responsible for any damage to your computer system and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

In no event will FitCrew be liable for any damages in excess of the amount FitCrew has received from the Licensee for access to eLearning and online course materials, even if FitCrew has been informed of the possibility of such damages, or for any claim by any other party.

In no event will warranties provided by law, if any, apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

This disclaimer is applicable to any damage or injury resulting from the negligence or an omission by FitCrew, computer virus or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means. FitCrew is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this eLearning and online course material.

In agreeing to the purchase of FitCrew eLearning products, you agree to be bound by these Terms and Conditions. You agree to use the eLearning/online course materials for the use intended—personal learning and not to reproduce, sell, hire, or copy module materials (in whole or part) and not to use such materials except for personal reference.

The courseware includes instructional presentations, including quizzes, remedial feedback, and downloadable documents created by FitCrew.

FitCrew material means any trademarks, courseware, audio files, video files, data, graphics, or other materials or resources developed by FitCrew.

Licensee Responsibilities

The Licensee will :

• Be responsible for user compliance with the Agreement
• Make all reasonable efforts to prevent unauthorised access to or use of these online training materials
• Will not make training materials available to anyone other than the agreed number of users
• Will not sell, resell, license, sublicense, distribute, rent, or lease any of the online course materials
• Will refer any access requests to the materials by third parties to the licensor
• Undertake to reimburse the licensor for any usage of the materials by any third party other than any access which is permitted under this license

Confidentiality

Licensee acknowledges that the eLearning and online course material, source code, etc., are confidential and the proprietary property of FitCrew and that they, the Licensee, shall treat said property in confidence and shall not use, copy, or disclose, nor permit any of its personnel to use, copy, or disclose the same for any purpose that is not specifically authorised.