Acceptance Policy for M:CORE Mobile Learning Users
TERMS AND CONDITIONS OF REGISTRATION AND USE
11 March, 2020
This page confirms the terms and conditions (Terms) on which you may make use of our engagement product, M:CORE Mobile Learning.
“Application” shall mean a proprietary mobile application created and developed by MSX International, named ‘M:CORE Mobile Learning’,
“CMS” shall refer to the Content Management System created and developed by MSX International to manager the users, publish content and provide reporting on the M:CORE Mobile Learning Application.
“Users” shall mean both Users that download and access the M:CORE Mobile Learning Application with the intent of availing its services and Users accessing the M:CORE Mobile Learning CMS to publish content to the App or manage the access and usage of people engaging with the App.
Information about us
The M:CORE Mobile Learning Application and web-based CMS are operated by MSX International on behalf of vehicle manufacturers. We are MSX International UK Limited a company incorporated under the Companies Act, 1956 and having its registered office at the Octagon, Colchester, United Kingdom. We are the regional office of a company that provides services on a local, regional and global level, with operations in 80 countries. You may contact us by e-mailing us at: Privacy@msxi.com if you wish to give us formal notice of any matter in accordance with these Terms.
Subject to your compliance with these Terms, upon successful completion of the registration process you will have access to M:CORE Mobile Learning.
Your Registration will last as long as you will be working as an employee at your current employer, or as otherwise notified to you from time to time. Your registration may be subject to an annual audit of users which you will be required to complete. Depending on the outcome of the audit, or if you do not complete the audit process, your registration may be cancelled. We are not responsible for reminding you about any annual audit and shall bear no responsibility for any break in the provision of the content on M:CORE Mobile Learning resulting from any failure to complete such audit to authenticate your Registration.
We may refuse applications for Registration, or cease to provide M:CORE Mobile Learning or its content at our reasonable discretion.
We may suspend or cancel your Registration at our reasonable discretion. Without limitation, we may suspend or cancel your Registration for:
- Use of M:CORE Mobile Learning which in any way breaches any applicable local, national or international law or regulation, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- Transmission of: unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; or any data, any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Adding content to M:CORE Mobile Learning which contains any material which is defamatory of any person; contains any material which is obscene, offensive, hateful or inflammatory; promotes sexually explicit material; promotes violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is likely to deceive any person; is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Your use of M:CORE Mobile Learning
You must ensure that you do not permit any other users to access the M:CORE Mobile Learning Application or CMS under the login access provided pursuant to your Registration.
If you know or suspect that anyone else has used your login to access M:CORE Mobile Learning, you must promptly notify us at Privacy@msxi.com
You are responsible for any activities that occur pursuant to access to M:CORE Mobile Learning using your login. We shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to restrict access to M:CORE Mobile Learning through your login details.
M:CORE Mobile Learning may only be used for lawful purposes. You are prohibited from violating or attempting to violate the security of M:CORE Mobile Learning or using it to obtain products or services not properly ordered and fully paid for.
You may not interrupt or attempt to interrupt the operation of M:CORE Mobile Learning in any way or send unsolicited email messages (“Spam”) to or through M:CORE Mobile Learning or otherwise harass the product owner, provider, or other users.
M:CORE Mobile Learning may contain references or cross references to products or services that are not available in every country.
How we use your personal information
For Users, there is no fee to download the Application. For availing the specific services and content of M:CORE Mobile Learning, Users need to have an authorized account. M:CORE Mobile Learning provides access to closed communities with secure services and content relative to these communities and these accounts will be allotted through invitation only. You authorize M:CORE Mobile Learning to obtain and verify Your credentials with such platforms. You agree that any registration information provided by You shall always be accurate, correct and complete.
Our right to vary these Terms
We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you obtain or renew a Registration, the Terms in force at the time shall apply.
We may revise these Terms as they apply to your Registration and use of M:CORE Mobile Learning from time to time to reflect the following circumstances:
- changes in relevant laws and regulatory requirements; or
- where changes are made to M:CORE Mobile Learning or its content; or
- where we change the supplier that operates M:CORE Mobile Learning on our behalf.
Our Provision of M:CORE Mobile Learning and content
We will try to keep M:CORE Mobile Learning operational at all times. Technical difficulties may result in temporary interruptions to the use of M:CORE Mobile Learning and its content.
We are under no obligation to provide any content for M:CORE Mobile Learning and reserve the right to upload, remove, vary or otherwise deal with any content provided on M:CORE Mobile Learning from time to time.
You acknowledge that MSX International does not make any representations or provide any warranties about the information, statistics, material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is published to Application users. Under no circumstances, is MSX International liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Application. You understand that by publishing content to the Application directly, or via the CMS, you may be exposing users to Content that they may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason.
You represent, warrant, and agree that no Content/Details published by you via the Application (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You agree that You are solely responsible for the Content made available by You through the Application including but not limited to any liabilities arising out of any third-party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to publish the material.
Pursuant to your Registration, we grant you a limited, non-exclusive, revocable license to view or access content provided through M:CORE Mobile Learning for your personal use, and only during the period for which the Registration subsists. When you access or download any content, you must ensure that all copyright, trademark and other proprietary notices comprised within that content are retained.
You shall not assign or sub-license your rights under the License.
Your License does not permit you to:
- amend or modify;
- broadcast; or
content or material provided via M:CORE Mobile Learning, use any logos, trademarks, or authorize or assist anyone else to do so without our express prior written consent.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence; or
- fraud or fraudulent misrepresentation;
We exclude all implied conditions, warranties, representations or other terms that may apply to M:CORE Mobile Learning or any content on it and we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, arising under or in connection with these Terms or your use of, or inability to use, M:CORE Mobile Learning or use of or reliance upon any content displayed on M:CORE Mobile Learning. In particular, we will not be liable for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service to:
FAO: MSX International
Essex, CO1 1TG
or by e-mail to Privacy@msxi.com.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after receipt.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Confidential information; Privacy
Any non-personal information or material sent to us will be deemed NOT to be confidential. By sending us any non-personal information or material, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
you grant us permission to do so;
we first notify you that the materials or other information you submit to a particular part of M:CORE Mobile Learning will be published or otherwise used with your name on it; or
we are required to do so by law.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Other important terms
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of your employer’s Country.
MSXI Global Privacy Office (MSXI GPO), reachable via Privacy@msxi.com
All e-mails are routed into our global helpdesk for Information Security, Compliance and Privacy.
This helpdesk will be monitored by the MSXI Information Security team.