Fantom Factory Ltd.
Fantom Factory is a trading name of Fantom Factory Limited a registered company in England and Wales, United Kingdom with company number 1118 3348 with registered offices situated at 53 Empire Avenue, Cwmgwrach, Neath, SA11 5SU, Wales and referred to below as "Fantom Factory", "us," "we," or "our".
1 - Using our Website
- By using our Services you agree to be legally bound by these Terms. If you do not agree to use the Services in accordance with these Terms, please do not use them.
- You may use our Services if you are over the age of 16, capable of forming a legally binding contract and where you are entitled to under the law of the country which you access the Services.
Our License to You
- Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use the Services.
- You agree not to use the Services for any commercial or business purpose other than where expressly permitted in writing by us.
2 - Security of the Services
- By using the Services, you agree that you:
- will use the Services in a manner consistent with all applicable laws and regulations which may apply to you in the United Kingdom and the country from which you access them;
- are responsible for the security and proper use of all your user names and passwords used in connection with the Services and will take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to any other person;
- are responsible for all activities that occur under your password and account;
- will inform us immediately if there is any reason to believe that your user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way at -------------------------
- will adhere to any security policies we publish and provide any details reasonably requested to maintain the security of the Services; and
- must not attempt to gain unauthorised access to the Services or any server, computer, database used by the Services and/or interfere with the proper operation of the Services and related services, such as email communications.
- You may not use the Services:
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload 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.
3 - Services
- Fantom Factory also supplies eLearning courses and content, produced by us.
- Our courses are governed by separate terms of contract, which must be accepted before purchase.
- We deliver courses remotely.
- You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our eLearning content in any way except for your own personal, non-commercial use.
- We reserve the right to:
- update and change the Services at any time for any reason;
- change these Terms from time to time as we see fit and your continued use of the Services constitutes your acceptance of any change to these Terms; and
- cease publishing any or take offline any or all parts of the Services at any time without notice to you.
- We may need to suspend the Services to:
- perform routine or non-routine maintenance;
- deal with technical problems or make minor technical changes;
- update the Services to reflect changes in relevant laws and regulatory requirements; or
- correct errors and/or any other purpose whatsoever.
- You should not expect the Services to be continuous, uninterrupted or error-free.
4 - Website Purchases
- All payment processing information for our online shop is processed through a third party payment gateway provider, Stripe. Fantom Factory Limited does not collate, process or hold any of this data.
- Website purchases through our online shop are for eLearning course licence keys. Refunds will only be considered, if a purchased licence key has not been redeemed through enrolment by an eLearning account. Once a key has been redeemed, the provided digital services have been delivered and the learner account has full access to the services.
- All accounts created on our website relate to eLearning enrolments only and are not connected to any purchases or financial transactions related to the sale of the eLearning courses in our online shop. We hold no purchase accounts and all financial queries regarding transactions should be directed to the payment gateway provider, Stripe.
- Each course licence key is for use by one person only. Enrolment using a licence key is linked to individual eLearning accounts and must not be used in any other capacity.
5 - Third Party Content
- The contents of websites to which we link are not approved or endorsed by us. The references are intended to be useful to you, however we do not control the content on those websites.
- You are solely responsible for evaluating the suitability of any information for your circumstances at the other website. We will not be party to or in any way responsible for any transactions between you and third parties. You should verify the suitability of such content for your purposes with a suitably skilled and experienced person.
6 - Interactive Services
- We may from time to time provide interactive services as part of the Services, including, without limitation:
- video-streaming facilities;
- slack chat discussions;
- public discussions;
- in-course feedback and messaging options
- You may be able to participate in discussions and post content to our Services ("Contributions"), and to any interactive services associated with it.
- Contributions must:
- be accurate, where it states facts;
- be genuinely held. where it is an opinion; and
- comply with the law applicable in England and Wales and in any country from which it is posted.
- A Contribution must not:
- be defamatory of any person;
- be obscence, offensive, hateful, or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- include child sexual abuse material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal content or activity;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from Fantom Factory, if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) or copyright infringement;
- contain a statement which you know or believe, or have reasonable grounds for believing,that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- contain any advertising or promote any services or web links to other sites;
- promote or endorse:
- cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
- for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
- You also agree not to access without authority, interfere with, damage or disrupt:
- any part of the Services;
- any equipment or network on which the Services rely to function and/or operate;
- any software used in the provision of the Services; or
- any equipment or network or software owned or used by any third party.
- To the extent that you provide Contributions, you grant Fantom Factory a transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use Contributions.
- This license includes granting Fantom Factory the right to authorises our partners to use Contributionswith their registered students or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Fantom Factory may have to Contributions. We reserve the right to remove or modify Contributions for any reason, including Contributions which we believe breaches these Terms.
7 - Intellectual Property Rights
- Fantom Factory and its third party licensors retain all intellectual property rights in Services and the product of the Services from time to time.
- You may print and download electronic copies of our public facing web pages for your own personal use and refer the Services to persons within your company for the purposes for acquiring our professional services.
- You will not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any Services without our consent given in writing.
- You will not remove, alter, cover or obfuscate any copyright notices, trade mark notices,watermarks, disclaimers, warnings or other notices placed on or embedded on materials published on the Services.
- You are not permitted to use our trade marks and trade names without our written permission,which include "Fantom Factory", "Clonewolf", or "STEM Futures".
8 - Breach of these Terms
- When we consider that a breach of these Terms has occurred, we may take such action as we consider appropriate, which may include:
- immediate, temporary or permanent withdrawal of your right to use the Services;
- immediate, temporary or permanent removal of any Contribution uploaded to the Services;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably consider appropriate.
9 - Indemnification
You agree to indemnify, defend, and hold harmless the Fantom Factory from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable legal fees and costs, made by any third party related to:
- your use or attempted use of the Services in breach of these Terms;
- your breach of any law or rights of any third party; or
- a Contribution, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
10 - Limitation of Liability
- This clause sets out the entire financial liability of each party (including any liability for the acts or omissions of its personnel) to the other party in respect of:
- any breach of these Terms however arising;
- any use made by you of the Services or any part of them; and
- any misrepresentation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
- Save as expressly set out in these Terms:
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute are to the fullest extent permitted by applicable law, excluded from these Terms;
- the Services are supplied on an "as is" basis, and you assume responsibility for the results of use of any Services and for the conclusions drawn from such use.
- Nothing in this Agreement limits or excludes the liability of either party:
- for death or personal injury resulting from its own negligence;
- where you contract with us as a consumer within the meaning of the Consumer Rights Act and/or The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations; and
- for any damage or liability incurred by your as a result of fraud or fraudulent misrepresentation by the other party.
- Neither party shall not be liable whether in tort (including for negligence), breach of statutory duty, misrepresentation, restitution or otherwise for any loss of profits, business, wasted expenditure, reputation, goodwill (in each case, whether direct or indirect) and/or consequential, indirect, special losses, suffered by any person relating to these Terms.
- The liability of a party under or in connection with this Agreement will be reduced to the extent the liability arises from the act, omission or negligence of the other party and/or its Personnel.
- If a party suffers loss or damage in connection with this Agreement for which the other party is liable (including under an indemnity), it must use its best efforts to mitigate its loss and damage.
- Subject to clauses 10.1 to 10.6, and to the extent permitted by any applicable law, each party’s maximum aggregate liability in connection with these Terms, whether in contract, tort, equity, or under any statute, is limited to the greater of:
- the amount paid or payable by you in connection with this Agreement; and
11 - General
- We can transfer these Terms, so that a different organisation is responsible for supplying the Services. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under these Terms.
- No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Except as expressly provided in this Agreement, the rights and remedies provided under these Terms are in addition to and not exclusive of any rights or remedies provided by law.
- This Agreement does not confer any rights upon any person which is not a party to it.
12 - Governing Law and Venue
- These Terms are governed by the law of England and Wales, and the parties agree to the exclusive jurisdiction of English and Welsh Courts to resolve any disputes arising from or connected with these Terms, including non-contractual claims in each case.