Terms and Conditions of Use of ascendistrain.com

Before using this site (“ascendistrain.com”), please read the Disclaimer and Terms and Conditions of Use Agreement (“Terms of Use”) contained hereunder. Please note that these Terms of Use must be read in conjunction with the Privacy Policy. By continuing to access or use ascendistrain.com, you signify that you have thoroughly read and understood the terms contained in these Terms of Use, and that you agree thereto. Should you (hereinafter referred to as “the user”) not agree to the terms contained herein do not proceed to access or use this Site.

For the purposes of these Terms of Use the following words have the ascribed definitions:

“Affiliates” means all legal entities that Ascendis Training controls directly or indirectly, that controls Ascendis Training directly or indirectly or that is under common control with Ascendis Training
“Content” means text, written work, software, database, format, graphic, image, trademark, logo, invention, photo, video clip, podcast, listing or any other information or material which appears on or forms part of ascendistrain.com
“Intellectual Property Rights” means (i) copyright, patents, database rights and rights in trademarks, designs, know-how and registered or non-registered confidential information; (ii) applications for registration and the right to apply for registration for any of these rights; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

1. LOCAL ACCESS RESTRICTIONS

Ascendistrain.com and all the Content and functionality contained within it is not directed to or intended for use by any person resident or located in any country where the distribution of such Content or functionality is contrary to the laws, rules or regulations of such country. The same applies to any person resident or located in any country where such distribution is prohibited without obtaining the necessary licenses or authorisations and such licenses or authorisations have not been obtained. If any such local access restriction applies to the user, the user is not authorised to access ascendistrain.com or use any of the Content on it.

2. COMPANY INFORMATION

Ascendistrain.com includes content relating to Ascendis Training and its businesses and its affiliates. Ascendistrain.com is provided by Ascendis Training, a training and development company incorporated under the laws of South Africa.

3. NO OFFER

Content contained on ascendistrain.com is just for information purposes. The information is subject to, and must be read in conjunction with, all other publicly available information published by Ascendis Training. No Content available on ascendistrain.com constitutes a solicitation, an offer, or a recommendation to buy any services or solutions, to effect any transactions or to conclude any legal act of any kind whatsoever. The user or the user’s company may not rely on Content on ascendistrain.com for making any decision relating to services or solutions of ASCENDIS TRAINING
ASCENDIS TRAINING does not intend to provide legal or tax advice through any ascendistrain.com.

4. DISCLAIMER

Services provided in connection with this Site are provided "as is" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither ASCENDIS TRAINING nor any of its affiliates warrant or guarantee the accuracy or completeness of the contents, materials and services on or through this website. The contents, materials and services on or through this website may be out of date, and neither ASCENDIS TRAINING nor any of its affiliates make any commitment or assumes any duty to update such contents, materials or services. ASCENDIS TRAINING and its affiliates accepts no liability for the use of and / or reliance upon any information of this site, nor shall they be liable in any manner for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of or reliance upon, or the inability to use, the information contained on this Site, or the information in any sites or pages linked to this Site.
ASCENDIS TRAINING and its affiliates do not warrant that ascendistrain.com or any other websites that may be linked to through ascendistrain.com, will be uninterrupted, error free, free of viruses, defects or harmful components, compatible with the user’s computer equipment or fit for any purpose.
Any and all information contained on, or which may be transmitted through, ascendistrain.com is not to be regarded as a recommendation and does not purport to give any advice whatsoever and should not be construed as such.
ASCENDIS TRAINING, together with anybody related thereto, makes no representations and/or warranties, express or implied, in respect of the services provided on ascendistrain.com. To the fullest extent permissible by applicable law, ASCENDIS TRAINING hereby disclaims all warranties of any kind, either express or implied, including any warranties concerning the availability, accuracy, usefulness, merchantability or fitness for a particular purpose, with respect to the content, information, data, services, products provided through or in connection with ascendistrain.com, uninterrupted access, ascendistrain.com is free of viruses or the like.

5. ELECTRONIC COMMUNICATIONS

In the event that the user subscribes to any mailing services or communicates with ASCENDIS TRAINING through ascendistrain.com or by way of email the user may have to provide their email address. By providing their email address the user consents to ASCENDIS TRAINING retaining the user’s contact details and expressly consents to receiving communications from ASCENDIS TRAINING which shall include, but not be limited to, requesting clarifications or additional comments; sending ASCENDIS TRAINING publications; sending information about ASCENDIS TRAINING events; asking for the users participation in surveys or polls; sending information about services and solutions or other marketing information of ASCENDIS TRAINING.
In addition the user agrees that all agreements, notices, disclosures and other communications sent by ASCENDIS TRAINING satisfies any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

6. HYPERLINKS AND THIRD PARTY CONTENT

The hyperlinks provided on ascendistrain.com allow access to other sites owned and operated by third parties (“External Sites”) and are provided as is and ASCENDIS TRAINING and its affiliates do not necessarily agree with, edit or sponsor the content on such pages. Any External Sites are not monitored or managed by ASCENDIS TRAINING and ASCENDIS TRAINING and its affiliates accept no responsibility for their content or operation. The user accesses the External Sites at their own risk and ASCENDIS TRAINING does not accept any responsibility for any damage or loss the user may suffer arising out of access to External Sites, including, but not limited to, damage or loss arising from the user’s use of documents or other information found on External Sites.
Ascendistrain.com may include statements and quotes of third parties relating to ASCENDIS TRAINING and its business operations. Such statements and quotes are generally labelled as information provided by third parties. ASCENDIS TRAINING does not and is under no obligation to verify the content of third party statements or quotes on ascendistrain.com. The liability of ASCENDIS TRAINING for the accuracy or completeness of such third party statements and quotes shall be excluded to the extent permitted by applicable law, rules and regulations.
ASCENDIS TRAINING is under no obligation to maintain any link on ascendistrain.com and may remove a link at any time in ASCENDIS TRAINING’s sole discretion for any reason whatsoever.

7. SECURITY

ASCENDIS TRAINING takes appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, although ASCENDIS TRAINING takes appropriate measures to protect the security of the information communicated through ascendistrain.com, the Internet is an open network that is not secure and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorisation.
As such ASCENDIS TRAINING cannot and does not guarantee that information displayed on ascendistrain.com has not been modified by others without authorisation or that information communicated by the user to ASCENDIS TRAINING will be received or that it will not be altered before or after its transmission.
ASCENDIS TRAINING and its affiliates shall not responsible for security breaches occurring on ascendistrain.com which may result due to the lack of adequate virus protection software or spyware that the user may inadvertently have installed on his / her device.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorized access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that ASCENDIS TRAINING suffers any damage or loss.
The user agrees and warrants that his/her log-in name and password shall:
1. be used for personal use only
2. not be disclosed to any third party
The user hereby grants and consents to ASCENDIS TRAINING taking all reasonable steps to ensure the integrity and security of ascendistrain.com and back-office applications.

8. USE OF INFORMATION

ASCENDIS TRAINING expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software, or file(s) appearing on or transmitted through this Site.
The user hereby ratifies, guarantees and agrees to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through his/her user account.
ASCENDIS TRAINING and its affiliates shall not be liable, and the user hereby waives any claim, for the remission and/or refund of any payment due to ascendistrain.com not being operational for any period of time.

9. WEBSITE PRIVACY

ASCENDIS TRAINING’s Privacy Policy is available on ascendistrain.com. The user understands that the user’s use of ascendistrain.com will result in ASCENDIS TRAINING processing personal data that that user provides. The Privacy Policy sets out the basis on which ASCENDIS TRAINING will use personal data. By using ascendistrain.com, the user is deemed to agree with the terms of the Privacy Policy. In performing the user’s obligations under these Terms of Use, the user commits to complying with applicable data protection laws.

10. UPDATING OF THESE TERMS AND CONDITIONS

ASCENDIS TRAINING reserves its right to change, modify, add or remove from portions or the whole of these Terms of Use from time to time. Changes to these Terms of Use will become effective upon such changes being posted to ascendistrain.com
It is the user’s obligation to periodically check these Terms of Use on ascendistrain.com for changes or updates. The user’s continued use of this Site following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these Terms of Use, including such changes or updates.

11. FORWARD-LOOKING STATEMENTS

Ascendistrain.com may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. ASCENDIS TRAINING is not obliged and undertakes no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.

12. INDEMNITY

The user agrees to indemnify defend and hold harmless ASCENDIS TRAINING, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (“the Indemnitees”) from and against any and all claim, loss, damages (including but not limited to direct, incidental, special, consequential, indirect or punitive) expense, or demand or liability, including attorneys' fees and costs, incurred by the Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by the user of any content, or (ii) the user’s use of ascendistrain.com in breach of these Terms of Use or in breach of any applicable law or (iii) any breach of these Terms of Use.
The user agrees to cooperate with the Indemnitees as reasonably required in the defense of any such claims. The Indemnitees reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, and the user shall not in any event settle any such claim or matter without the written consent of ASCENDIS TRAINING.

13. LIMITATIONS OF LIABILITY

ASCENDIS TRAINING, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates assume no responsibility, and shall not be liable for, any damages or loss (especially loss of data, alteration of data, or downtime) to, or viruses that may infect the user’s computer, telecommunication equipment, software or other property caused by or arising from the user’s access to, use of, or browsing this Site or the user’s downloading of any materials, from this Site.
If the user is accessing this Site from outside the United Kingdom the user is responsible for ensuring that his/her use of ascendistrain.com is in accordance with the laws of the country of his/her residence or the jurisdiction from which he/she is accessing ascendistrain.com. ASCENDIS TRAINING, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates disclaims and excludes all liability howsoever arising and of whatsoever nature to the user in the event that the user’s use of ascendistrain.com is contrary to the laws of the country of the user’s residence or from which the user is accessing ascendistrain.com.
In no event including, but not limited to, negligence, breach of contract or otherwise and regardless of whether the damage was foreseeable or not will ASCENDIS TRAINING, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates be liable for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption), liability or costs arising out of the use, inability to use, or the results of use of this Site, any error or inaccuracies in any information or material within or relating to ascendistrain.com, any representations or statements made on ascendistrain.com, any reliance upon or use of any information or material on ascendistrain.com, any websites linked to this Site, or the materials, information or services contained at any or all such websites.

14. USER INFORMATION

Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or any other communication the user transmits or posts to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary.
ASCENDIS TRAINING and its affiliates may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
ASCENDIS TRAINING and its affiliates shall have no obligation to use, return, review, or respond to any User Communications. ASCENDIS TRAINING and its affiliates will have no liability related to the content of any such User Communications. ASCENDIS TRAINING retains the right to remove any or all User Communications that includes any material it deems inappropriate or unacceptable.

15. USER SUBMISSIONS AND INAPPROPRIATE MATERIAL

The user is prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law. In addition to any remedies that ASCENDIS TRAINING and its affiliates may have at law, and without prejudice to same, if ASCENDIS TRAINING reasonably determines that the user has violated or is likely to violate the foregoing prohibitions, ASCENDIS TRAINING may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials.
ASCENDIS TRAINING reserves the right to deny the user access to ascendistrain.com at any time, in particular if the user breaches the above provision.

16. INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights in and to, inter alia, the Contents contained on ascendistrain.com are the sole and exclusive property of ASCENDIS TRAINING or any other third party as directed by ASCENDIS TRAINING. The user does not acquire, by virtue of his/her use of ascendistrain.com, any rights, title or interest in any of the Intellectual Property Rights in the Content or ascendistrain.com.
It is recorded that the trademarks, trade names, logos and the like used on this Site are registered or unregistered trademarks, trade names or logos of ASCENDIS TRAINING, unless specifically indicated as belonging to a third party. The user acknowledges that all right, title and interest to the trademarks, trade names, logos and the like will vest in ASCENDIS TRAINING and nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or other right to use any trademarks, trade names, logos and the like displayed on this Site without ASCENDIS TRAINING’s prior written approval..
The user is granted permission to display, copy, distribute and download the Content on ascendistrain.com for personal, non-commercial use only, provided the user: (i) keeps intact all copyright and other proprietary notices; (ii) makes no modifications to the Content on ascendistrain.com; (iii) does not use the Content on ascendistrain.com in a manner that suggests an association with any products, services, or brands; and (iv) does not download the Content to a database that can be used to avoid future downloads from ascendistrain.com. The user must not modify, copy, transmit, distribute, display, reproduce, publish, perform, license, frame, create derivative works from, transfer or use in any other way for commercial or public purposes in whole or in part any Content obtained from ascendistrain.com without the prior written permission of the owner of the relevant Intellectual Property Rights (whether that be ASCENDIS TRAINING or another third party).
The copyright in some Content available on ascendistrain.com may belong to third parties (“Third Party Content”). It is the user’s responsibility to check copyright notices on or in respect of individual Third Party Content.
Except as specified in these Terms of Use, the user is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

17. JURISDICTION AND GOVERNING LAWS

Terms of Use shall be governed by and construed in accordance with the laws of South Africa.
ASCENDIS TRAINING and the user consents irrevocably to the exclusive jurisdiction of the competent courts of South Afica in the event of any dispute.

18. GENERAL TERMS

These Terms of Use shall commence when the user accepts such terms and conditions and continues indefinitely until terminated by ASCENDIS TRAINING.
The user may not assign, transfer or otherwise deal in any way with these Terms of Use or any of its rights, obligations or liabilities under these Terms of Use, without prior written consent of ASCENDIS TRAINING.
ASCENDIS TRAINING's rights under these Terms of Use may be exercised as often as necessary. They are cumulative and not exclusive of rights or remedies provided by law, rules and regulations. They may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. An express or implied waiver of any of the provisions or of any breach of or default in performing any of the provisions of these Terms of Use will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of these Terms of Use not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of these Terms of Use.
Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail, unless the document is a statutory or other official document.
If any provision of these Terms of Use is held invalid or unenforceable for any reason, that provision is fully severable from the remaining provisions of these Terms of Use and the remaining provisions are nevertheless valid and enforceable as if those of the provisions held invalid or unenforceable were not part of this Term of Use.
In addition, if a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms of Use.
These Terms of Use constitutes the entire agreement between ASCENDIS TRAINING and its affiliates, and the user with regard to the use of the Content and this Site