Cart (0)   | Sign In  |  Sign Up

FITC VIRTUAL LEARNING USER AGREEMENT

 

 

 

 

NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

 

PLEASE READ THIS ONLINE USER AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING ANY OF THE ONLINE TRAININGS OFFERED BY FITC ("FITC") DESCRIBED BELOW. BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

 

 

DEFINITIONS

 

“ LMS” mean Learning Management System
“FVL” mean FITC Virtual Learning
“FVL SOFTWARE” mean FITC Virtual Learning software for mainly Bundle Purchases
“FVL Services” mean FITC Virtual Learning and any other ancillary service provided under this head. This is used interchangeably with FVL.
FVL Payment Options mean the schedule containing the mode of payment and applicable currency.
FVL Basic System Requirements mean the schedule containing the system specification for LMS.
Intellectual Property Rights mean all current and future patents, copyrights, trade secrets, trademarks, service marks. Trade name and other intellectual property rights.

 

 

1. INTRODUCTION

 

1.1 PURPOSE

 

Welcome to FITC virtual learning platform. The FITC virtual learning is designed to assist learners in their quest for an impactful experience through the Learning Management System (LMS). As a self-paced learning accessible anytime and anywhere, the learning platform is embedded with interactive features specially configured to stimulate the interest of learners and serve the growing need for a learning model that does not necessarily take the learner out of his/her preferred location. Two courses are presently offered on the LMS platform and they are: Basic Credit Analysis and Management (BCAM) and Bank Inspection and Internal Control (BIIC).

 

1.2 SCOPE AND INTENT

 

You agree that by purchasing any of the products contained in the FVL [Licence or Bundle Purchase] or by using the website of FITC or by using its mobile applications, developer platforms or other information provided on the FVL or LMS platform, you are entering into a legally binding Agreement with FITC, 164/166 Muritala Mohammed Way, Ebute Metta, P.M.B 1115, Yaba, Lagos- Nigeria based on the terms of the FITC VIRTUAL LEARNING USER AGREEMENT and ancillary agreements, which is incorporated by reference (collectively referred to as the “Agreement”).

 

Subject to the terms of this Agreement, FITC hereby grants to you a limited, nontransferable, royalty-free, and non-exclusive license to use the online training software, known as “ FITC VIRTUAL LEARNING (hereinafter referred to as "FVL" OR “FVL SERVICES”) during the Term of this Agreement. Your use of FVL shall be strictly in accordance with this Agreement and our Terms of Use.

 

You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the FVL. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the FVL, and other intellectual property rights related to the FVL. Except as specifically set forth in this Agreement, FITC owns and retains all right, title, and interest in the FVL and any and all related materials.

 

If you are using FVL on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with FITC.

 

 

2. YOUR OBLIGATIONS

 

2.1 Applicable Laws and this Agreement

 

You must comply with all applicable laws, including but not limited to laws on pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations, and the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

      1. FVL Payment Options Schedule

      2. FVL Basic System Requirements

 

2.2 License and Warranty for your submissions to FVL

 

You own the information you provide FITC under this Agreement, and may request for deletion at any time. Additionally, you grant FITC a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to copy, prepare derivative works of, improve, distribute, publish, directly or indirectly, including but not limited to, any user generated content, ideas, concepts, techniques or data to the service, you submit to FITC, without any further consent,notice and/or compensation to you or to any third parties. Any information you submit to FITC is at your own risk of loss.

 

By providing information to FITC, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your FVL profile information accurate and updated.

 

2.3 Eligibility to use the FVL

 

To be eligible to use the Services provided under the FVL, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, (3) are not a competitor of FVL or are not using the Services for reasons that are in competition with FVL, (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of FVL, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

 

2.4 Sign-In Credentials

 

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your FVL account to another party without FITC’s consent; and (5) refrain from charging anyone for access to any portion of your FVL account, or any information therein. Further, you are responsible for anything that happens through your account until your subscription term expires.

 

2.5 Indemnification

 

You indemnify FITC and hold FITC harmless for all damages, loss and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including but without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to FVL, and (3) any activity in which you engage on through FVL.

 

2.6 Payment

 

For access to and use of the FVL, you agree to pay the amounts set forth in FVL Payment Options (Click here) under the plan suitable to you. You hereby acknowledge and agree that the subscription fee is payable in advance for each license purchased upon acceptance of this Agreement. All relevant charges/taxes have been built into the listed prices in the FVL Payment Options.

 

If you use any FVL Service, you are responsible for maintaining the confidentiality of details of your debit/credit card and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

For every online transaction that is conducted on LMS with accurate details and for which benefit has been taken, FITC will not be liable to make any refund.

 

2.7 FVL

 

The FVL services can be purchased under two major plans: License Purchase and Bundle Purchase. Subscribers to the License Purchase options will run their training on the FITC LMS platform, while courses purchased under the Bundle Purchase will be delivered to the subscriber on an electronic media (CD, DVD, Flash Drive, or any other compatible media) in a format specified for supporting tools in Basic System Requirements, which the Subscriber can upload and run on their internal IT infrastructure.

 

Please note that Bundle Purchase plan requires that the Subscriber has a functional LMS deployed on its corporate network. See FVL Basic System Requirements [Click here]. You may (a) install the number of authorized copies of the Product in executable form for your internal operations; (b) use the Documentation for your internal operations; (c) make a single backup copy of the Product, provided the backup is not used for production purposes; and (d) permit your employees, agents, representatives, or contractors designated by You (“Authorized) to access and use the Product locally or remotely through an authorized software integration in accordance with this Agreement.

 

If you subscribe for the License purchase option, you shall ensure that you comply strictly with the FVL Basic System Requirements in using the FVL through your internal/personal IT infrastructure. You shall be responsible for obtaining and maintaining any required third party hardware and/or software, including updates thereto.

 

For all purchases, Subscribers agree not to exceed the number of user licenses covered by their purchases nor attempt to do same by any means.

 

2.8 PROHIBITED ACTIVITIES

 

Notwithstanding anything to the contrary, you may not: (i) modify, reverse engineer, or decompile or disassemble or hack the FVL or create derivative works based on the Software or Services provided therein; (ii) distribute, rent, lease, sell, license, or otherwise transfer rights in the FVL to any other person or entity or make any other commercial use of the FVL except that expressly authorized by the FVL License; (iii) use the FVL in any way that would violate any applicable law or regulation; (iv) collect any information or communication about the FVL, FITC’s LMS or FITC Website or users of same by monitoring, interdicting or intercepting any process of the FVL or LMS; (v) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the FVL, the LMS or Network.

 

Furthermore, you may not use the FVL to develop, generate or transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the FVL; (D) performs any unsolicited commercial communication not permitted by law, (E) constitutes harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes another person’s identity (whether a real or online nickname or alias).

 

 

3. YOUR RIGHTS

 

On the condition that you comply with your obligations under this Agreement and make the requisite payment, FITC grants you an limited, royalty-free, non-assignable, nonsublicensable license and right to access the courses under the FVL, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of FITC. or its Users).

 

You are however advised to use the license strictly in accordance with the FVL Basic System Requirements.

 

Restrictions On Use

 

3.1 All pages within the LMS and any material made available for download (collectively the “LMS") are the property of FITC and/or its affiliates. The LMS and the website are protected by Nigerian and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of FITC.

 

3.2 Access to the LMS is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with terms and conditions provided herein. Any rights not expressly granted by these Terms and Conditions or any applicable License instructions are reserved by FITC.

 

3.3 Unless otherwise provided herein, you shall not: (A) alter the contents of a hard drive or computer system to enable the use of the FVL Demo Online course for an aggregate period in excess of the period prescribed for use, (B) disclose the results of software performance benchmarks obtained using the FVL Demo Online course to any third party without FITC's prior written consent, and or (C) use the FVL Demo online course for a purpose other than the sole purpose of determining whether to purchase a license; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the FVL Demo online course for any commercial training purpose.

 

3.4 You may receive the FVL Software in more than one medium but you shall only install or use one medium. Regardless of the media which the FVL software is delivered to you, you may use only the medium that is appropriate for the server or computer on which the FVL software is to be installed.

 

3.5 You shall not use the FVL software to develop any product having the same primary function as the FVL Software.

 

 

4. OUR RIGHTS AND OBLIGATIONS

 

4.1 Service Availability

 

FVL on the LMS platform will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of FITC or which are not reasonably foreseeable by FITC, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

 

4.2 Modifications, Changes and Upgrades to LMS

 

The FVL software, content, availability and access and all other features, attributes or aspects of the FVL and LMS are subject to change, modification, additions or deletions at any time without notice in FITC's sole discretion.

 

You agree that all Updates, Upgrades and Fixes or Workarounds furnished to You shall be deemed to be part of such FVL subject to the terms and conditions of the FVL Agreement. Where the use of any Upgraded course requires payment before use, you shall not have access to the upgraded course unless and until payment has been made.

 

4.3 Third Party Sites and Developers

 

FITC makes no representations whatsoever about any other website that you may access though its Website. When you access a non-FITC Website, you understand that it is independent from FITC and FITC has no control over the content on that website. In addition, a hyperlink to a non-FITC website does not mean that FITC endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

 

4.4 Data Protection

 

FITC will use the information you provide on your profile for its record and documentation purposes. Also, information, which you provide on the query /complaint form, will be used in responding to your query.

 

4.5 Disclosure of User Information

 

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith and belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or governmental agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of FITC, its Users and the public.

 

4.6 Connections and Interactions

 

You are solely responsible for your interactions with other Users within or outside the Learner’s forum. FITC reserves the right, but has no obligation to monitor disputes between you and other members in the Learners Forum and to restrict, suspend, or close your account if FITC determines, in its sole discretion, that doing so is necessary to enforce this Agreement.

 

4.7 Use of Demo Online Course

 

If you elect to use the Services as a guest by using any of the Demo Online Courses offered from time to time on FITC's website, all of the terms and conditions of this Agreement will be applicable to such use, excluding however, any terms related to payment therefore.

 

4.8 Warranty for Maintenance & Technical Support

 

FITC warrants to you that our obligations with regard to the FVL’s functionality and performance will be performed in professional manner and in accordance with good usage and acceptable practices as established in the community in which such services are performed. If the FVL does not perform as specified on the LMS or product specification, you shall notify FITC in writing within 14 days. FITC upon receipt of this notice will, at its sole and commercially reasonable discretion, consider correcting any commercially reasonable defects and deficiencies.

 

We have also made available helplines for your queries and complaints (click here for details).

 

THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

 

5. DISCLAIMER of WARRANTIES.

 

5.1 FITC warrants that it has sufficient rights to grant the rights in the FVL licence pursuant to the Agreement; FITC FURTHER WARRANTS THAT THE Product will operate substantially in accordance with its written specifications

 

5.2 The contents of the FVL are provided as-is, with all faults, and without warranty of any kind including but not limited to any functionality or its being Virus Free; User recognizes that the “As is” clause of this Agreement is an important part of the Basis of this Agreement, without which licensor would not have agreed to enter this Agreement. FITC expressly disclaims all warranties, express and implied, including without limitation, the implied warranties of merchantability, and fitness for a particular purpose, and title/non infringement to the full extent permitted by law. FITC does not warrant that the services will meet your requirements, or that the operation of the services will be uninterrupted or error-free, or that defects in the services will be corrected.

 

5.3 FITC does not warrant or make any representation regarding the use or the results of the use of the FVL courses or related documentation in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application, or otherwise. No oral or written information or advice given by FITC or its authorized representatives shall create a warranty or in any way increase the scope of this warranty. You are entirely responsible for and assume all risk for use of the FVL. FITC is not responsible for transmission errors or corruption or security of information carried over telecommunication lines.

 

 

6. LIMITATION of LIABILITY

 

IN NO EVENT SHALL FITC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH/ TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT).

 

 

7. EXCLUSIVE REMEDY

 

Your sole right and exclusive remedy for breach of this Agreement by FITC if you are dissatisfied for any reason with the FVL Services is to terminate this Agreement as provided in this Agreement.

 

 

8. TERM AND TERMINATION.

 

The terms of this Agreement shall commence for both the Bundle and License users upon authentication of the activation code.

 

8.1 Mutual rights of termination

 

You may terminate this Agreement, for any or no reason, at any time, with notice to FITC during the pendency of your subscription. This notice will be effective upon FITC processing your notice. FITC may at any time and without advance notice modify or restrict your use of the Services, or terminate this Agreement if FITC determines, in its sole discretion, that your use of the Services: (i) violates FITC's terms of use; (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (iii) violates any intellectual property rights of FITC or a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a malfunction of the FVL Services; or (vi) may expose FITC to potential legal liability.

 

8.2 Misuse of FVL

 

FITC may restrict, suspend or terminate the account of any User who abuses or misuses the FVL services. Misuse of the FVL Services includes but is not limited to using the FVL services commercially without FITC’s authorization, infringing any intellectual property rights or any other behaviour that FITC, in its sole discretion, deems contrary to its purpose.

 

8.3 Effect of Termination

 

Upon termination of this Agreement, all rights to the FVL terminate immediately and you must remove any FVL software or content from your computer immediately. You remain liable for the full charge(s) for all unexpired Term(s). If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Services without FITC's prior written approval. FITC may delete any data files associated with your use of the Services upon termination of this Agreement.

 

 

9. DISPUTE RESOLUTION

 

9.1 Law and Forum for Legal Disputes

 

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the Federal Republic of Nigeria regardless of your country of origin where you access FVL, and notwithstanding of any conflicts of law principles.

 

Each party to this Agreement submits to the exclusive jurisdiction and venue of the Nigerian Courts, and waives any jurisdictional, venue, or inconvenient forum objections to such courts, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.

 

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

 

9.2 Arbitration Option

 

For any claim (excluding claims for injunctive or other equitable relief) prior to the exercise of the option to use the Nigerian Courts, parties must first attempt to resolve the dispute and or claim between themselves using their solicitors as mediators. Where this fails, parties may opt for Arbitration using the Lagos State Multi-Door Court House. Parties must all times during this process comply with the applicable Arbitration rules and processes.

 

 

10. GENERAL TERMS

 

10.1 Severability

 

In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.

 

If any provision of this Agreement is determined to be invalid, all other provisions will remain in force.

 

10.2 Assignment and Delegation

 

Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of FITC and any assignment or transfer in violation of this provision shall be null and void.

 

10.3 Notices and Service of Process

 

Notice or other communication between you, and FITC may be given by conventional first-class mail or by email in accordance with the details provided below. Notices sent by first-class mail are effective on the seventh day after mailing. Notices sent by email are effective the next business day after they are sent.

 

FITC
FITC HOUSE
164/166 Muritala Mohammed Way,
Ebute Metta, PMB. 1115 Yaba, Lagos, Nigeria

 

Or mail info@fitc-ng.com ; vlearning.admin@fitc-ng.com

 

Any notices that you provide without compliance with this section on the Notices shall have no legal effect.

 

10.4 Language

 

English language shall be deemed the language of this Agreement and shall govern your relationship with FITC. Any communication made in this regard must comply with same.

 

10.5 Entire Agreement

 

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and FITC regarding the FVL and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use the FVL.

 

10.6 Amendments to this Agreement

 

FITC reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.fitc-ng.com or notifying you otherwise.

 

10.7 No informal waivers, agreements or representations

 

FITC’s failure to act with respect to a breach of this Agreement by you or others does not waive its right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any FITC affiliate shall be deemed legally binding on FITC or its other affiliates, unless documented in a physical writing hand signed by a duly appointed officer of FITC.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY CHOOSE NOT TO CONTINUE WITH YOUR DESIRE TO SUBSCRIBE TO FVL.