Terms and Conditions of GSMA Capacity Building
The following constitute the terms and conditions to which applicants agree when booking any standard GSMA face-to-face training or e-learning courses. (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. GSMA (GSM Association, 25 Walbrook, London, EC4N 8AF, United Kingdom) and you shall each be referred to as a “Party” and together as the “Parties” in this Terms & Conditions. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed or available online, provided by GSMA in relation with the training (“GSMA Training Material”). GSMA reserves the right to review and update these Terms & Conditions periodically at its sole discretion. You will accept and be bound by the terms of this agreement, either by clicking a box indicating your acceptance or by executing an order form that references this agreement, or by using or accessing GSMA Training Material, you agree to be bound by the terms of this agreement.
E-Learning Training. GSMA Capacity Building courses can be booked via the GSMA Capacity Building portal, or through CE-Digital, provided in partnership with CAF and ELAC (“Partners”) or via the GSMA Capacity Building or CE-Digital Apps (collectively “GSMA E-learning Course”). When you submit a booking for a GSMA E-learning Course, your submission represents an offer to GSMA to book you onto the course you selected. As soon as your application of enrolment has been accepted your booking will be entered onto the GSMA system and you will receive an automated email including the title of the course you have enrolled in.
Face-to-face Training. GSMA Capacity Building face-to-face courses can be booked via the GSMA Capacity Building portal, through CE-Digital, provided in partnership with our Partners or via the GSMA Capacity Building or CE-Digital Apps (collectively “GSMA F2F Training Course”). When you submit a booking for a GSMA F2F Training Course, your submission represents an offer to GSMA to book you onto the course you selected. As soon as your application of enrolment has been accepted your booking will be entered onto the GSMA system and you will receive an automated email including the title of the course you have enrolled in.
- RESTRICTIONS AND PERMISSIONS.
This licence does not grant You any rights to use the GSMA name, logo, or trademarks. All information provided in GSMA Training Material is the property of GSMA or third parties and are protected by copyrights, trademarks, trade secrets, or other proprietary rights belonging to GSMA or those third parties. You and Your organisation shall comply with all copyright laws worldwide in Your use of the GSMA Training Material and prevent unauthorized copying of the information displayed thereon. Except as provided herein, GSMA does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information in the GSMA Training Material or the information displayed thereon. You may not sell, resell or otherwise make the information on the GSMA Training Material in any manner or on any media available to any third party except as permitted by these Terms. You are permitted to view and download the information provided on the GSMA Training Material. You may not allow anyone else to access the GSMA E-learning Course via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the GSMA F2F Training Course are being provided. GSMA reserves the right to remove any delegate from a GSMA F2F Training Course whose behaviour is deemed inappropriate by GSMA or its trainers. In these circumstances, GSMA will neither refund any fees nor reimburse any other costs of the delegate(s) concerned.
All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by GSMA. When you are given access to the GSMA Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the GSMA Training Material. No GSMA Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without GSMA’s prior permission. Any such use is strictly prohibited and will constitute an infringement of GSMA’s intellectual property rights.
You agree not to use or access the GSMA E-learning Course in any manner that could damage, disable, overburden or impair any GSMA server, or any network(s) connecting to any GSMA server, and not to interfere with any other party’s use and enjoyment of the GSMA Training Material. You may not attempt to gain unauthorized access to the GSMA E-learning Course or to any computer systems or networks connected to any GSMA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the GSMA E-learning Course.
You agree that when using the GSMA E-learning Course or attending a GSMA F2F Training Course, You will not:
- Use any material or information that is made available through the GSMA Training Material in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any person.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the GSMA E-learning Course or another’s computer or the property of another.
- Restrict or inhibit any other user from using the GSMA Training Material.
- Violate any applicable laws, rules or regulations.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
- DATA PROTECTION
- TERM AND TERMINATION
You agree that GSMA may immediately discontinue, suspend, terminate, or block Your and any other User’s access to the GSMA Training Material at any time in our sole discretion, if we believe that You have violated or acted inconsistently with the letter or spirit of this Terms & Conditions, or any additional posted guidelines, rules, and/or terms and conditions applicable to the GSMA Training Material. You agree that any termination of Your access to the GSMA Training Material under any provision of this Terms & Conditions may be effected without prior notice, and acknowledge and agree that GSMA may immediately deactivate or delete Your password and username and all related information and files associated with it and/or bar any further access to such files. GSMA shall not be liable to You or any third party for any termination of Your access to the GSMA Training Material. The Clauses entitled “Restrictions and Permissions”, “No Warranty”, “Disclaimers”, Limitation of Liability”, “Indemnification”, “Proper Use”, “General” and any other section that, by its nature, would be intended to survive, shall survive expiration of this Terms & Conditions.
- WARRANTY AND DISCLAIMER
GSMA does not warrant that the provision of any GSMA E-learning Course will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions. Save as set out in these Terms & Conditions, GSMA gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, GSMA excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, without limiting the foregoing, GSMA expressly excludes any warranty regarding the accuracy or reliability of the information contained in the GSMA Training Material. Such information is provided on an “as is” basis.
- LIMITATION OF LIABILITY
Your decision regarding whether to use and, if so, how to use the GSMA Training Material is yours alone. GSMA does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of GSMA. Participants should take professional advice when dealing with specific situations. Any third party that has been contracted by GSMA to provide any information, data or other inputs used by or in the GSMA Training Material (a “Third Party”) shall have no liability to you under any circumstances under this Terms & Conditions or as a result of your use of the GSMA Training Material or the information contained therein. In no event, whether based in contract, tort or howsoever arising, shall GSMA or a Third Party be liable for incidental, indirect, special or consequential damages of any kind or for loss of profits or revenue or loss of business arising out of, or in connection with your use of the GSMA Training Material whether or not GSMA or a Third Party, or both of them, was advised of the possibility of such damage. GSMA’s liability to you under this Terms & Conditions will not exceed $100 (One Hundred US Dollars). This limit does not apply to any liability GSMA may have for death or personal injury resulting from GSMA’s negligence.
You agree to indemnify, defend, and hold harmless GSMA, its affiliates, agents, employees and licensors and any Third Party from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Your use of the GSMA Training Material, or use of the information displayed thereon, in violation of this Terms & Conditions, or any violation by You of any law or regulation or violation of any proprietary rights in connection with Your use of the GSMA Training Material or the information displayed thereon.
- ENTIRE TERMS & CONDITIONS
This Terms & Conditions constitutes the entire Terms & Conditions between GSMA and You with respect to this GSMA Training Material, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to this GSMA Training Material. If for any reason a court of competent jurisdiction finds any provision of this Terms & Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Terms & Conditions, and the remainder of this Terms & Conditions shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- MODIFICATIONS TO TERMS & CONDITIONS
These Terms are subject to change by GSMA without notice. All amended Terms shall automatically be effective 30 days after they are initially posted on the GSMA Training Material. It is Your responsibility to return to these Terms from time to time to review the most current version. GSMA does not and will not assume any obligation to notify You of changes to the Terms. This Terms & Conditions may not be otherwise amended except in a writing signed by You and GSMA.
- GOVERNING LAW & JURISDICTION
The construction, validity and performance of this Terms & Conditions are exclusively governed by the laws of the England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
This Terms & Conditions may be translated into one or more languages other than English. In the event of any deviation or conflict between the English version and any version translated into another language, the English version shall control and be binding on the Parties hereto.