Welcome to JKN Institute. Please read these Terms of Service (“TOS”) prior to registering for an account on JKN Institute or using any portion of the JKN Institute website or mobile applications (collectively, the “JKN Institute Site,” which consists of all content and pages located within the jkn.org.uk web domain and all JKN Institute mobile applications), including accessing any course material, chat rooms, or other electronic services. These TOS are agreements (the “Agreements”) between you and JKN Institute. By using the JKN Institute Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. Please also read the Privacy Policy for the JKN Institute Site before you use any portion of the JKN Institute Site. The Privacy Policy describes how your personal data is collected and processed when you use the Al JKN Institute Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the JKN Institute Site.
JKN Institute reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the JKN Institute Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the JKN Institute Site and for your User Postings. “User Postings” means all content submitted, posted, published, or distributed on the JKN Institute Site by you or other users of the JKN Institute Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the JKN Institute Site in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United Kingdom export control laws.
As a condition of your use of the JKN Institute Site, you will not use the JKN Institute Site in any manner intended to damage, disable, overburden, or impair any JKN Institute server or the network(s) connected to any JKN Institute server or to interfere with any other party’s use and enjoyment of the JKN Institute Site. You may not attempt to gain unauthorized access to the JKN Institute Site, other accounts, computer systems, or networks connected to any JKN Institute server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the JKN Institute Site, its servers, or associated computers through any means not intentionally made available through the JKN Institute Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account (except close family member).
Furthermore, you agree not to scrape, or otherwise download in bulk, any JKN Institute Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the JKN Institute Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
STRICTLY PROHIBITED ITEMS
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE JKN INSTITUTE SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
- You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the JKN Institute Site.
USER ACCOUNTS
In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason (except close family member). In setting up your user account, you may be prompted to enter additional optional information (e.g., your year of birth). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the JKN Institute Site.
YOUR RIGHT TO USE CONTENT ON THE JKN INSTITUTE SITE
Unless indicated as being in the public domain, the content on the JKN Institute Site is protected by the United Kingdom and foreign copyright laws. Unless otherwise expressly stated on the JKN Institute Site, the texts, exams, videos, images, and other instructional materials provided with the courses offered on the JKN Institute Site are for your personal use in connection with those courses only. We aim to make much of the JKN Institute course content available under more open license terms that will help create a vibrant ecosystem of contributors and further JKN Institute’s goal of making education accessible and affordable to the world.
Certain reference documents, digital textbooks, articles, and other information on the JKN Institute Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the JKN Institute Site, you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the JKN Institute Site. All rights in the JKN Institute Site and its content, if not expressly granted, are reserved.
Use for Personalization and Pedagogical Improvements.
Our goal is to provide current and future visitors to the JKN Institute Site with the best possible educational experience. To further this goal, we sometimes present different users with different versions of course materials and software. We do this to personalize the experience to the individual learner (to assess the learner’s level of ability and learning style, and present materials best suited to the learner), to improve our understanding of the learning process, and to evaluate and improve the effectiveness of our course materials, payment models, platform features, and offerings. We may publish or otherwise publicize results from this process, but, unless otherwise permitted under the Privacy Policy, those publications or public disclosures will not include your personal information.
USER POSTINGS
User Postings Representations and Warranties.
By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize JKN Institute and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not JKN Institute, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to JKN Institute.
By submitting or distributing your User Postings, you hereby grant to JKN Institute a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to JKN Institute Users.
By submitting or distributing your User Postings, you hereby grant to each user of the JKN Institute Site a non-exclusive license to access and use your User Postings in connection with their use of the JKN Institute Site for their own personal purposes.
CERTIFICATES AND OTHER PRODUCTS & SERVICES
Generally. From time to time, JKN Institute and the colleges, universities, and other institutions providing courses and programs on the JKN Institute Site (collectively, the “Members”) may offer services and products for a fee (for example, course and program certificates). For anything that you choose to purchase on the JKN Institute Site, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment vendor, and you will be routed to a secure payment flow controlled by that vendor to complete the payment transaction. Once your payment transaction is completed, a JKN Institute confirmation page will be displayed, and you will receive a confirmation email with your name, order number, and payment amount. Please retain this email for your records as this information will be required if you seek a refund from JKN Institute, as described below.
Refunds.
Course enrolment and other purchases on the JKN Institute Site may be eligible for a refund for a period of time (in each case, the “Refund Period”). The applicable Refund Period for courses is 14 days from the actual course start date. To request a refund for a purchase that you made, please email us at info@jkn.co.uk and include your full name and order number in your email request. Refunds will be credited to the credit card used for the purchase and may take up to two billing cycles to process. If the applicable Refund Period for purchase has passed, but you believe a refund is warranted, please email us at info@jkn.co.uk.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE JKN INSTITUTE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE JKN INSTITUTE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
JKN INSTITUTE AND THE JKN INSTITUTE PARTICIPANTS (AS HEREINAFTER DEFINED) DO NOT WARRANT THAT THE JKN INSTITUTE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE JKN INSTITUTE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. JKN INSTITUTE AND THE JKN INSTITUTE PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE JKN INSTITUTE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.
USE OF THE JKN INSTITUTE SITE AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE JKN INSTITUTE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE JKN INSTITUTE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.
User Postings Disclaimer.
You understand that when using the JKN Institute Site you will be exposed to User Postings from a variety of sources and that neither JKN Institute nor the JKN Institute Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JKN Institute or any of the JKN Institute Participants with respect thereto. Neither JKN Institute nor any of the JKN Institute Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither JKN Institute nor any of the JKN Institute Participants have any obligation to monitor any User Postings or any other user communications through the JKN Institute Site.
However, JKN Institute reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the JKN Institute Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, JKN Institute may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Links to Other Websites.
The JKN Institute Site may include hyperlinks to websites maintained or controlled by others. JKN Institute and the JKN Institute Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER JKN INSTITUTE NOR ANY OF THE JKN INSTITUTE PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE JKN INSTITUTE SITE, OR YOUR PLACEMENT OF CONTENT ON THE JKN INSTITUTE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE JKN INSTITUTE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JKN INSTITUTE NOR ANY OF THE JKN INSTITUTE PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT JKN INSTITUTE OR ANY OF THE JKN INSTITUTE PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
INDEMNIFICATION
You agree to defend, hold harmless, and indemnify JKN Institute and the JKN Institute Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the JKN Institute Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, JKN Institute or the applicable JKN Institute Participant will provide you with written notice of such claim, suit, or action.
ADDITIONAL TERMS
Termination Rights; Discontinuation of Courses and Content.
You agree that JKN Institute, in its sole discretion, may terminate your use of the JKN Institute Site or your participation in it, for any reason or no reason, upon notice to you. It is JKN Institute’s policy to terminate in appropriate circumstances the accounts of users of the JKN Institute Site who are repeat copyright infringers. JKN Institute and the JKN Institute Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through JKN Institute, or to cease providing any part or all of the JKN Institute Site content or related services, and you agree that neither JKN Institute nor any of the JKN Institute Participants will have any liability to you for such an action. If you no longer desire to participate in the JKN Institute Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the JKN Institute Site, but the other provisions of the Agreements will survive any such termination.
Entire Agreement.
The Agreements constitute the entire agreement between you and JKN Institute with respect to your use of the JKN Institute Site, superseding any prior agreements between you and JKN Institute regarding your use of the JKN Institute Site.
Waiver and Severability.
The failure of JKN Institute to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the JKN Institute Site will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions.
Effective Date:
31st August 2019.