List of active policies

Name	Type	User consent
Moodle's Privacy Notice	Site policy	All users
Moodle's Cookies Policy	Site policy	All users
MoodleCloud Terms of Service	Site policy	All users
CAHME Terms and Conditions	Site policy	All users
Enhanced Benchmarking Policy	Site policy	All users

Moodle's Privacy Notice

Summary

Full policy

Please refer to the full Moodle's Privacy Notice on moodle.com.

Moodle's Cookies Policy

Summary

Full policy

Please refer to the full Moodle's Cookie Policy on moodle.com.

MoodleCloud Terms of Service

Summary

You must not post, upload, publish, submit or transmit any content that:

infringes, misappropriates or violates any third party intellectual property rights, publicity rights or privacy laws;
is fraudulent, false, misleading or deceptive;
denigrates Moodle or the MoodleCloud Services;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances.

Full policy

MOODLECLOUD TERMS OF SERVICE

These Terms of Service (“Terms”) are between Moodle Pty Ltd (ABN 55 116 513 636) (referred to as “Moodle”, “We”, “Us” and “Our”) and the individual, organisation or other entity agreeing to these Terms (referred to as “You” or “Your”), collectively referred to as the Parties or each a Party. These Terms govern the access and use of the cloud hosting services via Our websites including moodlecloud.com (“MoodleCloud Services” or “Website”).

ACCEPTANCE
1. By signing up to access and use the MoodleCloud Services You agree to these Terms. If You do not agree to these Terms, You should notify Us and cease accessing the MoodleCloud Services immediately. If You are agreeing to these Terms on behalf of an organisation, You represent and warrant that You have the power and authority to enter into and bind such organisation.
2. You acknowledge and agree that, as between Us and You, You are responsible for the acts or omissions of all persons accessing the MoodleCloud Services upon Your authority or permission (“Users”). You must ensure all Users accessing the MoodleCloud Services do so in accordance with these Terms.
3. These Terms are subject to amendment from time to time. Any Amendments made will be published at moodlecloud.com and We will notify You of the same. You will be treated as having consented to the amended terms by continuing to access or use the MoodleCloud Services 28 days after the date of any such notice unless otherwise specified to You.
OTHER TERMS AND CONDITIONS
1. These Terms complement and hereby incorporate Our Privacy Notice, Cookies Policy and our Data Processing Agreement as set out on Our website at https://moodle.com/privacy-notice/.
2. Your Users must agree to our Terms of Service and the policies outlined in 2.1.
3. You may choose to use Third Party Products (defined below) offered with the MoodleCloud Services and their terms of service may apply to You.
SERVICES
1. Users can access and use MoodleCloud Services via the Website on any supporting computer, mobile, tablet or other device (“Device”). We only provide support to Users accessing the MoodleCloud Services via our recommended browsers.
2. You can access and use MoodleCloud Services for a 28 day free trial or obtain additional features and functionalities, by purchasing a MoodleCloud Services package (Paid Package Service) and pay the applicable fees (Fees) for the specific plan period as set out on the Website. If You choose to include third party products and services that provide additional features or functionalities (Third Party Products) there may be additional fees as set out on the Website.
3. To obtain access and use the MoodleCloud Services, You must complete the signup form to Moodle’s satisfaction and pay the requisite Fees.
4. As part of Your MoodleCloud Services You can: (a) manage billing and amend the MoodleCloud Services required; (b) purchase Third Party Products; (c) delete or export Your MoodleCloud site(s); (d) view User and storage space use; and (e) contact Moodle Partners to obtain their services. You may assign and grant Users access to Your MoodleCloud site(s) and administer such Users and their capabilities in Your site.
5. Your MoodleCloud site will be allocated a limited number of Users and a limited amount of storage space as set out on the Website subject to your chosen plan.
6. If You have a “Free Forever” service, We will cease providing the MoodleCloud Services and delete Your MoodleCloud Site if Your MoodleCloud account is inactive for 14 days.
7. Although We endeavour to ensure Third Party Products are maintained and updated on a regular basis, Moodle disclaims all responsibility and liability for the quality, reliability or failure of any Third Party Products.
DATA
1. Account information, including Personal Information or content (Data) that You or Users upload or submit to Your MoodleCloud site(s) may be processed and stored on servers outside Your country.
2. We will not use, disclose or reference any Data except for support and training purposes in accordance with these Terms or as required for Us to provide or improve the MoodleCloud Services.
3. You represent and warrant that:
  1. any and all Data You upload or submit via the MoodleCloud Services is Your sole and exclusive property; or
  2. You have secured any and all authorisation and rights to use such Data as applicable under relevant laws.
4. You grant Moodle a licence to use, copy, transmit, store, process and back-up your Data, account information, Intellectual Property Rights and other related information:
  1. for the provision of MoodleCloud Services to You and Your Users and the performance of Our obligations under these Terms; and
  2. for research and development as required for the improvement of MoodleCloud Services.
5. It is Your responsibility to maintain copies of all Data which You and a User uploads or submits via the MoodleCloud Services. We will use reasonable industry standards and procedures to prevent Data loss. However, as We utilise third party cloud-based services, We do not guarantee no loss of Data.
6. If You purchase any Third Party Products, You acknowledge that We may allow such third parties to access any inputted Data as required for the interoperation of the Third Party Products to the MoodleCloud Services. We are not responsible for any disclosure, modification or deletion of Data resulting from any access by such third parties.
7. You acknowledge and agree that:
  1. We are not responsible for any corruption or loss of any Data; and
  2. b. You are responsible for complying with all laws and regulations regarding the use and disclosure of Your Data including but not limited to the EU’s General Data Protection Regulation 2016/679, UK General Data Protection Regulation, the California Consumer Privacy Act 2018, the Australian Privacy Act 1988 (Cth), or other requirements under any corresponding foreign domestic law (“Privacy Laws”).
8. We will use and maintain reasonable security systems for the transmission of Data, consisting of encryption and firewall technologies that are generally used in the cloud services sector to provide security for the transmission of such information over the Internet.
AVAILABILITY MOODLECLOUD SERVICES
1. We do not warrant that access to the MoodleCloud Services or Your Data will be available without interruption and at times such access may be unavailable due to maintenance or other development activity. You can check Our service level by accessing Our status page.
2. Where possible, We will provide notice to You and the Users of any maintenance or development activity in advance via email and on our Website.
SUPPORT
1. We may provide limited technical support to You as set out on the Website and we will endeavour to respond to a support request within a reasonable period of time.
2. We may refer You to a Moodle Certified Partner if You require specific, customised support. This may incur a support services fee.
PAYMENT
1. You agree to pay the requisite Fees upfront by way of credit card or PayPal to enable You to access and use the MoodleCloud Services.
2. If You choose a Third Party Product and there are Fees are payable, You agree to pay the Third Party’s Fees upfront or as required to enable You to access and use the Third Party Product.
3. You agree that We will automatically debit Your PayPal account or credit card to renew Your MoodleCloud Services unless You notify Moodle of Your cancelation of the MoodleCloud Services in writing with at least 30 days notice.
4. Payment is due on the date of the invoice. If Your nominated payment method is declined We will notify You and automatically retry for up to 10 days. If payment has not been made within 10 days, Your MoodleCloud Services including MoodleCloud Sites may be suspended until payment is made or alternatively Your site may be deleted at Moodle’s sole discretion.
5. Unless otherwise stated, all amounts are exclusive of Value Added Tax (VAT) or Goods and Services Tax (GST). VAT or GST will be specified and charged where applicable.
CANCELLATION OF MOODLECLOUD SERVICES
1. You may cancel Your MoodleCloud Services at any time. If You cancel Your MoodleCloud Services or Third Party Products, Your access will be terminated at the end of the current billing cycle, and automatic payments will cease at the end of Your current payment period.
2. It is Your responsibility to retrieve all relevant Data from Your MoodleCloud Site(s) prior to termination.
3. We may terminate the MoodleCloud Services immediately, at Our sole discretion, if:
  1. You breach any of these Terms not capable of remedy or You do not remedy a breach capable of remedy within 7 days of receiving notice to do so;
  2. We consider that the request for MoodleCloud Services is or was inappropriate, improper or unlawful;
  3. We believe You are insolvent or unable to pay Your debts as they fall due; or
  4. due to a Force Majeure event in accordance with clause 24.
4. On termination of the MoodleCloud Services, We may retain certain Data as required by law or regulation.
REFUND POLICY
1. Subject to Your rights under the Australian Consumer Law, We may provide You with a refund of any Fees on a case-by-case basis and solely at Our discretion, including if the MoodleCloud Services are unavailable for an unreasonable period of time.
2. Any cancellation, exchange or refund of a payment relating to a Third Party Product is strictly a matter between You and the relevant third party.
USER OBLIGATIONS
1. You warrant that all information provided to Moodle is true, accurate and complete.
2. You acknowledge and agree You are responsible for how the Users use the MoodleCloud Services and that:
  1. You and each User uses the MoodleCloud Services at Your own risk;
  2. all usernames and passwords required to access the MoodleCloud Services are kept secure and confidential;
  3. if there is any unauthorised use of Your password or any other breach of security, You will immediately notify Moodle of such activity;
  4. the accessibility and reliability of the MoodleCloud Services is dependent upon Your and each User's choice of web-browser, internet connection, Device, Device operating system other hardware and their settings;
  5. it is Your responsibility to determine that the MoodleCloud Services meet Your needs and Your business and are suitable for the purposes for which the MoodleCloud Services are used;
  6. You are responsible for obtaining any consents, licences, permits and permissions from other parties as required for the MoodleCloud Services to be provided including content within Your MoodleCloud Site, at Your cost, and for providing Us with the necessary consents, licences and permissions upon request; and
  7. You will cooperate with Us and provide Us, as reasonably requested by Us from time to time, with information about Your Device and/or access to Your Data as is reasonably necessary to enable Us to perform the MoodleCloud Services and comply with these requests in a timely manner.
3. You acknowledge and agree that:
  1. each User is authorised to use the MoodleCloud Services and access or input any Data into the MoodleCloud Site or provide such Data to Us as required for the MoodleCloud Services;
  2. You will procure each User to use the MoodleCloud Services in a lawful manner and in accordance with these Terms; and
  3. MoodleCloud Services may include Third Party Products and services. Your use of MoodleCloud Services may be subject to additional terms with such Third Parties. Where You use a Third Party Product, any such terms are solely between You and the third party.
4. We are not responsible to any person or entity other than You and nothing in these Terms confers, or purports to confer, a benefit on any other person or entity. If You use the MoodleCloud Services on behalf of or for the benefit of any third party, You agree that:
  1. You are responsible for ensuring that You have the right to do so;
  2. We do not warrant the fitness for purpose or suitability of the MoodleCloud Services for such third party's purposes and third parties may not rely on Moodle for any purpose;
  3. You are responsible for authorising any person who is given access to Your Data, and You agree that We have no obligation to provide any person or entity with access to such Data without authorisation from You and may refer any requests for access to the Data to You to address; and
  4. You will indemnify Moodle, on first demand, against any and all claims, expenses, liabilities or losses arising out of in connection with Our refusal to provide any persons with access to Data in accordance with these Terms or Moodle making Data available to any person with authorisation from You.
5. You remain solely responsible for complying with all applicable laws. It is Your responsibility to ensure that the storage of and access to Your Data via the MoodleCloud Services and Website comply with laws which are applicable to You, including any laws requiring You to retain records of Your Data.
6. Each User must have their own safeguards and back-up processes in place to recover from any failures or loss of Data which might occur whilst using the MoodleCloud Services and protecting the confidentiality of Your Data with suitable management procedures, as You may see fit.
PROHIBITED USE
1. You acknowledge and agree that You and each User will not:
  1. attempt to circumvent or disable the Website or any technology features or measures in the Website by any means or in any manner;
  2. attempt to modify, copy, adapt or reproduce the Website except as necessary to use it as represented by Us to You;
  3. distribute, encumber, sell, rent, lease, sub-licence, or otherwise transfer, publish or disclose the MoodleCloud Services to any third party (except as permitted under these Terms) or with our permission;
  4. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Website or used in connection with the MoodleCloud Services;
  5. use the MoodleCloud Services in any manner to aid in the violation of any third party Intellectual Property Rights;
  6. take any action that interferes, in any manner, with Our rights with respect to the MoodleCloud Services;
  7. upload any products or services offered by third parties, including any plugins other than providing access to an externally-located Third Party product through selecting an activity within a course using the external tool feature;
  8. attempt to undermine the security or integrity of the MoodleCloud Services, servers, computing systems or a third party's computing systems and networks hosting the MoodleCloud Services;
  9. attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access; and
  10. transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including any content protected by copyright or trade secrets which You do not have the right to use).
2. You must not, and You must ensure each User does not, post, upload, publish, submit or transmit any content that:
  1. infringes, misappropriates or violates any third party Intellectual Property Rights, publicity rights or Privacy Laws;
  2. is fraudulent, false, misleading or deceptive;
  3. denigrates Moodle or the MoodleCloud Services;
  4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  7. promotes illegal or harmful activities or substances.
3. Ownership and Intellectual Property Rights in any content displayed or accessed through the Website, is the property of the applicable content owner. These Terms do not purport to extend any rights to any content which You do not own.
4. Any breach of this clause will entitle Moodle, at its discretion, to suspend or terminate Your access to Your MoodleCloud Services.
INTELLECTUAL PROPERTY
1. In these Terms Intellectual Property Rights includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
2. Title and ownership to all Intellectual Property Rights in the MoodleCloud Services and related documentation remains Our property and the property of Our successors and permitted assigns. Your right to use such Intellectual Property is subject to these Terms.
3. Subject to these Terms, We grant You a personal, non-exclusive, non-transferable, limited, revocable licence to use and access the MoodleCloud Services in accordance with these Terms.
4. Title to and all Intellectual Property Rights in any Data You input into MoodleCloud Services remain Your property. However, Your access to such Data stored is contingent on Your ongoing payment of Fees.
5. You grant Moodle a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the MoodleCloud Services and the performance of Our obligations under these Terms.
DISPUTE RESOLUTION
1. Any feedback should be provided to Us using the relevant contact form as set out on the Website.
2. Any dispute concerning these Terms or the access or use of MoodleCloud Services must be initiated in accordance with the following dispute resolution procedure:
  1. the complainant must outline the dispute and outcome sought in writing, within 28 days of the circumstances giving rise to the dispute (“Dispute Notice”).
  2. The Parties agree to meet in good faith to seek to resolve the dispute within 28 days of the Dispute Notice.
  3. If the Parties cannot resolve the dispute within 60 days either Party may pursue the matter at its sole discretion.
3. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
AUSTRALIAN CONSUMER LAW
1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer You with rights, warranties, guarantees and remedies relating to the provision of MoodleCloud Services by Moodle to You which cannot be excluded, restricted or modified (“Statutory Rights”).
2. If You are a consumer under the ACL, nothing in these Terms removes or is intended to restrict Your Statutory Rights. You agree that Our liability for MoodleCloud Services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.
3. Except for Your Statutory Rights, all material and work is provided to You without warranties of any kind, either express or implied; and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
4. If You are a consumer as defined in the ACL, the following applies to You: We guarantee that the services We supply to You are rendered with due care and skill; fit for the purpose that We advertise, or that You have told Us You are acquiring the services for or for a result which You have told Us You wish the services achieve, unless We consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent We are unable to exclude liability; Our total liability for loss or damage You suffer or incur from MoodleCloud Services are limited to Us re-supplying the services to You, or, at Our option, Us refunding toYou the amount You have paid Us for the services to which Your claim relates.
LIMITATION OF LIABILITY AND DISCLAIMERS
1. The Parties agree that, Our liability for the MoodleCloud Services is governed solely by the Australian Consumer Law and these Terms
2. You acknowledge that while We will take reasonable steps to ensure that the MoodleCloud Services will be fit for the purposes as advertised, We do not guarantee that:
  1. the MoodleCloud Services will meet Your specific requirements;
  2. the MoodleCloud Services will work in each of Your desired use case scenarios; and
  3. the MoodleCloud Services are able to be executed on all operating systems.
3. The MoodleCloud Services use third party services including third party hosting services which are provided without any sort of warranties, and We cannot ensure that these third party hosting services are provided free of defect or without interruption.
4. We do not warrant that use of MoodleCloud Services or Website will be uninterrupted or error free. The operation of MoodleCloud Services and Website is dependent on third party hosting services and Internet connectivity which can be unpredictable from time to time and limit Your use of the MoodleCloud Services.
5. All risk arising out of the use or performance of MoodleCloud Services remains with You. You understand and agree that the use of the MoodleCloud Services, material or data downloaded or otherwise obtained through the use of the MoodleCloud Services, is at Your own discretion and risk and that You will be solely responsible for any infections, contaminations or damage to Your computer, system or network. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of Your use of the MoodleCloud Services or any third party software or operating system.
6. To the maximum extent permitted by law, We disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the MoodleCloud Services. In no event will We be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the MoodleCloud Services or Website, even if We were advised of the possibility of such damages.
7. You acknowledge that We may pursue any available equitable or other remedy against You as a result of a breach by You of any provision of these Terms.
8. Our liability for breach of any obligations under these Terms, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by You for the MoodleCloud Services. Our total liability to You for all damages in connection with the MoodleCloud Services will not exceed the price paid by You under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
9. You acknowledge and agree that We will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquidated or any other non-compensatory damages or the consequences of non-payment.
INDEMNITY
1. You will be liable for and agree to indemnify, defend and hold Moodle harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; (iii) and any misuse of the MoodleCloud Services or Website; from or by You, Your Users, Your employees, contractors or agents.
2. You agree to cooperate with Moodle (at Your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of Your use of the MoodleCloud Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information You have given Us.
3. The obligations under this clause will survive termination of these Terms.
NOTICE
1. Any notice required or permitted to be given to the User under these Terms will be addressed to the User at the email address provided by the User.
FORCE MAJEURE
1. If performance of these Terms or any obligation under these Terms is prevented, restricted, or interfered with by causes beyond either party's reasonable control (Force Majeure), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, pandemics, epidemics, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ENFORCEABILITY
1. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.
ENTIRE AGREEMENT AND UNDERSTANDING
1. In respect of the subject matter of these Terms:
  1. these Terms contain the entire understanding between the Parties; and
  2. all previous oral and written communications, representations, warranties or commitments are superseded by these Terms and do not affect the interpretation or meaning of these Terms.
GOVERNING LAW AND JURISDICTION
1. These Terms are governed by the laws of Western Australia and the federal laws of the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.

Contacting Moodle

For any questions, issues or feedback, please use the contact methods as set out on the Website.

For any notices, please contact Us using the details below:

Moodle Pty Ltd (ABN 55 116 513 636)
First Floor, 20 Kings Park Road
West Perth WA 6005
Email: support@moodlecloud.com

Last update: January 2024

CAHME Terms and Conditions

Summary

This Course Agreement (hereinafter, "Agreement") is made by and between CAHME, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in the Course, also defined below.

All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Learning Management System.

Please review the full Terms and Conditions below. Users must agree to CAHME's Terms and Conditions in order to access the content in the CLC. Also, click HERE to review information about CAHME's Privacy Policy.

Full policy

1. Definitions

Term	Definition
Client	The subject/organization who purchases the services delivered through the CLC for one or more Users.
Course	Didactic material available through the Core Learning Center (CLC), designed to ensure a solid training program.
Faculty	A CAHME resource who participates in one or more courses.
Learning Management System (LMS)	The platform (Moodle) purchased and used by CAHME in order to offer online (e-learning) courses in the CLC.
Platform	This is the CLC created by CAHME in Moodle.
User	A user of the learning management system in possession of a User ID. You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
User ID	Information needed to access Moodle and all related data. A User ID is uniquely assigned to a User in order to access to the Courses that have been activated for her/him in the CLC.

These terms and conditions of use apply to the Users of the Learning Management System. You are therefore kindly requested to read them carefully because by using the LMS, the User agrees to respect them all.

If you do not agree to the terms and conditions of use below, then you are not authorized to use the CLC and the Courses delivered through it.

2. Conditions of Use

CAHME allows access to and use of the CLC and the courses on the following conditions:

The LMS platform and the Courses delivered through it are available once payment has been made in accordance with the business agreement set out by CAHME and subscribed to by the Client. Access is activated for the Users named by the Client and only for the period stated in the agreement. At the end of this period, CAHME may proceed to block User access to the course(s) and/or to the CLC if those Users do not have access to other Courses.
We may provide you with certain information as a result of your accessing of the CLC through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
The User agrees to use the CLC only for legitimate purposes and not to violate the rights of anyone else or not to limit or inhibit its legal use for anyone else. Prohibited behavior include, in addition to acts of piracy or acts which limit or prevent the availability of the CLC, also causing injuries or harassment to any other user, the transmission of obscene things, the access to the CLC if not holding an ID or when impersonating other users. CAHME will closely monitor the occurrence of these behaviors and, if found, will, at its sole discretion, remove access to the CLC for the user(s) who have been guilty of such acts. No refund will be provided.
It is forbidden to probe, scan or test the accessibility and/ or vulnerability of the CLC or any network to which it is connected, or to violate the security or authentication measures of the CLC or any other network to which it is connected.
It is forbidden to interfere, using any automatic or manual appliance, program, algorithm or other means, with the correct functioning of the CLC or any operation conducted on it.
Each User is responsible for any content published on the CLC such as, and this is purely an example, messages or discussion board posts. The User relieves CAHME of any responsibility in relation to any content published.
The User will notify CAHME immediately if they notice other Users behaving in a way that is in violation of these conditions. They will also relieve CAHME from any responsibility and exempt them (CAHME) from any request for compensation for damage or loss when such damage or loss has not been caused by the company (CAHME).
If a User leaves the Client’s organization, the Client is allowed to substitute the departed User enrollment for another User ONE time only within the agreement period.

3. Intellectual Property

All copyrights, brands, materials, rights, patents and other intellectual property (registered and non-registered by CAHME and others) and all the contents that are on the CLC must remain property of CAHME or of other declared legitimate owners. The User agrees not to infringe any intellectual property rights of the content of the CLC (Courses included) and of the CLC itself and to accept and respect the property of such rights and all the regulations that protect them.
It is forbidden to copy, reproduce, republish, break apart, dis-compile, download, forward, send, distribute, transmit, or make available to the public any material or content or portion, file or information on the CLC.
You are allowed to copy and print material from the CLC only for personal use and for the training purposes for which it was designed.
The material downloaded or printed must not be modified and must be destroyed at the end of the access period for the Course to which it belongs.
The User will be held directly responsible for any improper use or distribution of the material and from the damage that derives from that.
You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website; b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

4. Accuracy of the Content and the Information

The training material contained on and delivered by the CLC and the CLC itself have been accurately checked to the best of our knowledge.
In particular, the CAHME Faculty and CAHME itself cannot be held responsible in any way for possible damages, direct or indirect, which are a consequence of the use of the contents present on the CLC and the CLC itself.
The training material on the CLC and the CLC itself can be updated at any time if requested by CAHME, the Faculty, or for technical reasons that reflect updates in knowledge, the improvement of the learning experience, the correction of any formal errors, theoretical or technical which may have been identified.
The content of any links to external sources of information that are present on the CLC must not be considered or interpreted as having been approved by CAHME.
These conditions of use are only applicable to the CLC and as such cannot be applied to the content of other websites referenced on it. It is therefore recommended that you read the conditions of use and the privacy policy that regulates these web sites.

5. Responsibility

5.1 Security and Service Conformity

Although CAHME has strived to provide the maximum possible during the planning, programming and delivery of the services offered via the CLC, it cannot guarantee that the CLC itself or any of its content, services or functions are without error, available without interruptions, compatible with all kinds of hardware or software (browser for example) or that potential defects are correct or that the use of the CLC will provide the results expected by the Client and/or User. The CLC and its contents are therefore offered and delivered “as they are” and “as available” without any guarantee of suitability for specific uses.
A minimum of suitable skills and equipment are required for the use of the CLC and the Courses available from it.
The failure to satisfy the requirements needed to use the CLC could lead to problems with the use of the materials for which CAHME cannot be held responsible.
Although CAHME pays particular attention to ensuring the highest possible security for the CLC, it cannot guarantee that any file or data downloaded from it is free of viruses, contamination or negative effects. The responsibility for periodic checks and all the measures intended to pick up on and minimize the impact of viruses or other attacks on the User’s personal computer are entirely the responsibility of the User.
Analogically, it is the responsibility of the User to ensure the correct use and conservation of the date needed for the User ID.

5.2 User ID

All of the CLC functions and services are available only with the creation of a specific User ID. A User ID is created by CAHME for every User and, is associated and communicated to that User. The User is entirely responsible for keeping the information relating to the User ID confidential (including user name and password) and is also responsible for what may happen if they fail to do so.

In particular, the User must:

- - always disconnect from the Platform when s/he leaves her/his device unattended;
  - not transmit information relating to User ID via e-mail or text without encrypting it.

By using the CLC:

- - You recognize the need and agree to notify CAHME immediately if you become aware of any unauthorized use of the User ID.
  - You agree not to use the User ID of any other User;
  - You recognize that CAHME cannot be held responsible for any damages or losses that derive from your failure to understand these obligations.

5.3 Responsibility

CAHME does not accept responsibility for direct or indirect damages, losses for the Client and or User or any third party that derives from the use of the CLC or its content.
You agree to defend, protect and keep CAHME and all its staff exempt from claims, responsibilities, damages, losses or expenses including legal expenses, that derive from or are connected to your violation of these terms and conditions of use.

6. Personal Data

The Data Controller of the CLC data is CAHME located at PO Box 911, Spring House, PA 19477
In order to use the CLC, the User will provide the following personal data: name, surname and email address.
By accepting these conditions of use, your consent to process personal data will be considered automatically given at every CLC access.
By not accepting the conditions, CAHME will not be able to allow the use of the CLC.
When known by CAHME, also the following data may be inserted in the CLC: city/town, country, platform use preferences (for example language, time zone). The user could modify them her/himself using the CLC functionalities.
During the access to the CLC, data related to its use will be collected automatically, in order to evaluate the progress of the learning activities, in particular: course material the User accessed to, access duration.
Such information is not used by or communicated to third parties unless the User gives her/his explicit consent.
Please HERE to review our Privacy Policy for more information.
For any additional information on the processing of personal data or for the exercise of personal rights please contact Melissa Cross, CAHME Education Coordinator at: mcross@cahme.org.

7. No Warranties

You agree that your participation in the Course and your use of the LMS materials is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose, the implied warranty of merchantability or any warranty whatsoever that programs will qualify for accreditation. It also does not warrant that all items reviewed for accreditation are covered in the materials. CAHME’s Self-Study guide is provided to guide uses along the accreditation process. Accreditation is determined by the site visitors based on the programs ability to meet CAHME standards and criteria. While the CLC and the materials available therein may help programs prepare for Accreditation, completion does not guarantee accreditation. We make no warranties that the Course or LMS will meet your needs or that the Course or LMS will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on LMS. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the LMS is your sole responsibility and that we are not liable for any such damage or loss.

8. Termination

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

9. General Provisions

Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
Jurisdiction, Venue & Choice of Law: Through your participation in the Course and your use of the Website, you agree that the laws of the Commonwealth of Pennsylvania shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Montgomery County, Pennsylvania. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Montgomery County, Pennsylvania. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Pennsylvania. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitration of claims.
Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
No Waiver: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
No Agency, Partnership or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, pandemic and natural disasters, and other acts which may be due to unforeseen circumstances.
Electronic Communications Permitted: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: mcross@cahme.org.

Enhanced Benchmarking Policy

Summary

This policy is intended to clarify CAHME's expectations for use of the new Enhanced Benchmarking 2.0 resource in the Core Learning Center.

Full policy

This resource (Enhanced Benchmarking 2.0), and the data within the resource, is for process improvement. This data may NOT be used by you external to your program without the expressed written consent of CAHME. The CAHME Board of Directors may review violations of this policy and reserves the right to suspend or terminate your access to the benchmarking tool, or additional penalties if you materially or repeatedly breach this policy.