1. PREMISES AND DEFINITIONS

For the purposes of this contract, shall mean:

  1. Service provider: unless otherwise provided for, Quality Culture Srls, with registered office in Viale Stelvio, 41 | 20159 Milan – p.iva 11661400967 which provides the training services, identifying them by their name, trademark or other distinctive sign and by the words Quality Assurance Training Lab (hereinafter QA Training Lab).
  2. Platform or website: the qualityassurance.it website which is the exclusive property of the service provider.
  3. Courses: the courses organised and promoted by the Supplier which take place in the classroom (“in-class”), at the requesting company (“in-house”) or online (“online”).
    Online courses are differentiated into the following services:
    – “live”, with online interaction with teachers and other students;
    – “on demand +” with online interaction with lecturers and other students confined to a dedicated meeting;
    – “on demand” without active interaction.
  4. Consumer: any natural person who acts for purposes that are unrelated to and/or not connected with his or her entrepreneurial, commercial, craft or professional activity, or who acts for purposes that do not fall within the scope of any of the aforementioned activities.
  5. Professional: any natural or legal person who acts within the framework of his/her commercial, industrial, handicraft or professional activity, by carrying out an act of purchase of the profession carried out and/or related to the same.
  6. Customer: the subject, both Professional and Consumer, who has purchased the Training Course according to the information and conditions expressed in this contract and in the descriptive sheet available on the website, to be understood as an integral part of the contract itself.
  7. Enrolled (or “Enrolled Client”): the Consumer or Professional who has enrolled in a free course or a paid course but has not yet finalised the payment of the fee for the course.
  8. Participant (or “Participating Client”): generally the Consumer or Professional who has purchased a course and/or a service.
  9. User: any person who has access to the qualityassurance.it website.
  10. Material: the didactic material relating to the course, such as slides, exercises and tests.
  11. Certificate of Attendance: a declaration of knowledge issued in writing, on unstamped paper, in favour of the Participant at the end of his training course. It constitutes a private document in which the Trainer certifies the characteristics of the training course for the duration attended.
  12. Download: the transfer, normally of files, from a remote computer to a local one. On the Internet, depending on the connection, communication programmes, FTP or commands provided by online service client programmes are used.
  13. Form: electronic forms. Pages in which personal information is requested to allow access to the services provided by the site.
  14. Distance contract: The contract concluded between the service provider and the Consumer or Professional Customer without the simultaneous physical presence of the parties, through the exclusive use of one or more means of distance communication.
  15. Point and click: Prior to the on-line purchase of the product (with the simultaneous obligation to pay in full) the Client is obliged to express, in point and click mode, his consent to the present conditions of sale, which in this way are assumed to be recognised and approved also in accordance with articles 1341 and 1342 of the Civil Code, together with the provisions which regulate the registration procedures, access, navigation and use of the qualityassurance.it website;
  16. The Client expressly authorises the Supplier to use his/her e-mail address in relation to the activities inherent to the contract and to any possible sending of information on the distance learning services which are the subject of this contract.
  17. These general conditions may be modified and/or updated at any time by the Supplier, who will communicate this through the normal communication channels on the site or by e-mail, if applicable.

These premises form an integral part of these general terms and conditions.


2. OBJECT OF THE CONTRACT

  1. The present contract lays down the conditions of use of the training platform on the qualityassurance.co.uk website, the procedures for purchasing and participating in the classroom, in-house and online courses promoted therein and defines the services reserved for members of the platform.
  2. Once the online course has been purchased and the registration fee has been credited, the customer will receive the link and the credentials for accessing the content purchased at the e-mail address indicated during registration.
  3. In the case of products purchased and supplied in “Live” mode, once the Supplier has received notification of payment, he will send the Customer the link to access the video conference platform together with the user manual. The link can be sent up to a maximum of 24 hours before the start of the live service.
  4. The course chosen by the client may include a test aimed at obtaining the Certificate of Attendance to be taken on-line in a special section of the platform on qualityassurance.it. For each module of the programme, the client must answer a minimum of 5 questions in a maximum of 15 minutes. The customer will be able to access this section after having completed the corresponding lesson (or module) or the entire training course purchased.
  5. The certification will be available, in electronic format, in the “Certificates” section of the reserved area, by the last date of access to the training platform on the qualityassurance.it website. The Client can download or print his certification, available in the dedicated section. In the event of extraordinary maintenance of the site or momentary malfunctioning, the Certificate of Attendance may be requested by the Client by e-mail at info@qualityassurance.it.
  6. The Supplier reserves the right to amend these terms and conditions at any time, notifying Users on its home page. In this case, the changes will be effective for legal purposes, without the need for specific and further approval and in any case after 10 days from their publication.
  7. Any toleration by the Supplier of conduct in breach of these conditions shall not constitute a waiver of the rights to which that party is entitled under those conditions. If any of the conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not extend to the remaining provisions of the contract.

3.OBLIGATIONS RELATED TO THE USE OF THE PLATFORM AND PHYSICAL SPACES

3.1. All Users and Clients must use the website and spaces provided by the Supplier under its own brand name and/or the name “QA Training Lab” and through the qualityassurance.co.uk website in strict accordance with these Terms and Conditions. 

3.2 The User undertakes not to use the Platform, spaces and related services for illegal purposes or contrary to these terms and conditions of use, or in a manner that could damage their functionality, render them unusable, deteriorate and/or interfere with their use by other Users.

3.3 It is forbidden to engage in any behaviour which, even by mere attempts, may result in unauthorised access to the physical spaces, the Portal, the services, other users, systems or networks connected to the same through hacking, password forgery or other means.


4. PRE-CONTRACTUAL INFORMATION

4.1 The Customer declares to have read, prior to the on-line purchase of the product, all the information contained in the “Course Sheet”, accessible on the site and from which the main characteristics of the product such as content, geographical address, identity of the Producer and price, where applicable, are evident.


5. METHODS OF ENROLMENT, PURCHASE OF COURSES AND PARTICIPATION

5.1. With the exception of “In-house” courses, for which a request for information must be sent directly to the Supplier, Users wishing to take part in one of the live, online or classroom courses organised by the Supplier and promoted through the site may select the course of interest directly from the platform and follow the enrolment and purchase procedure described below.

5.1.1. Enrolment procedure

Once the course has been selected, the user will be redirected to a page on the website containing the course data sheet and will be able to request enrolment after registering.

To this end, the User, in order to complete the purchase procedure, will have to fill in their own data and register with the system using the appropriate form. It is forbidden to provide false personal details or to engage in any conduct that could create confusion regarding the personal identity of the user. By way of example, this prohibition includes: the use of a name, tax code, personal details and residence that are not true or not those of others; the self-assignment of titles and/or credentials that are not possessed.

The participant, in accepting these Terms and Conditions of registration, is aware of the responsibilities and consequences provided for in the event of false declarations and/or the formation or use of false documents as well as in the event of the exhibition of documents containing data no longer corresponding to the truth.

By accepting the aforementioned Registration Terms and Conditions, the participant declares under his/her own responsibility that the data provided are true and belong to the declarant.

Successful registration and subsequent enrolment in the chosen course is subject to acceptance of these Terms and Conditions, acknowledgement of the Privacy Policy and consent to the processing of the data provided.

At the end of the procedure, the participant will receive an email to the email address indicated during registration containing the credentials for access to the reserved area. These credentials may be used by the participant for the selection of further courses, in order to avoid him/her having to fill in the form in the part of personal data and billing (if not modified).

5.1.2. Purchasing procedure

After completing the form, the enrollee may confirm the wish to purchase and complete the order by paying the fee for participation in the selected course by one of the following methods: credit card, Paypal, immediate bank transfer, payment in installments through the provider Soisy, as referred to in point 1.15 of this contract. For additional details on the privacy policies of such external payment service providers, please refer to the information in point 18 of this contract.

Actual participation in the chosen course under the terms described below will be deemed to constitute provision of the service.

Once the enrolment procedure has been completed and the relative fee has been paid in full, the Client will receive the credentials necessary to access the didactic platform on the qualityassurance.it website, where the following can be found: slides, i.e. downloadable and printable study handouts, videotaped lessons, exercises, self-assessment tests and Attendance Certificates.

5.1.3. Invoicing

A receipt of payment will be issued following payment and sent by e-mail to the e-mail address provided by the participant.

5.1.4. Conduct of courses

Classroom courses will take place at the venue selected for the event, at the dates and times set out in the form for the course selected.

Live courses will be held using the most suitable tools and platforms made available to participants, at the dates and times indicated in the form for the course selected.

The online courses will take place through the e-learning platform made available to the participants on the qualityassurance.it website who can follow the purchased course at any time from the moment it is activated and for the duration indicated in the individual course sheet.


6.  CONCLUSION OF THE CONTRACT

6.1. Pursuant to and for the purposes of Article 1326 of the Civil Code, this distance contract is concluded at the time when the Supplier (and for it the operators responsible for receiving data and communications relating to the conclusion and execution of the contractual relationship) has knowledge of the customer’s acceptance of the training offer, manifested by its online registration to the chosen course.

6.2. If a security problem or unauthorised use is deemed to exist or is highly likely, the Supplier may suspend the use of the credentials given to the Customer.


7.  SERVICES AND DELIVERY METHODS

7.1. The User who has completed the registration procedure on the site will receive by e-mail the instructions and passwords for accessing the online courses purchased, subject to verification of payment by the Supplier. These credentials are personal and cannot be transferred to third parties.

7.2. The services cannot be purchased using the Teacher’s Card.

7.3. In the event of loss of the access links, a special procedure is provided for recovering them by requesting them from info@qualityassurance.it.

7.4. The Customer declares that he/she is aware of and accepts the hardware and software prerequisites necessary to access the online course purchased.

7.5. The training platform on the qualityassurance.it website has been designed to offer students, companies and all possible users maximum compatibility with the most common systems available. Tests have been carried out on all the most popular platforms (Mac OS, Windows, Linux) and on the main browsers (Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari) updated to the latest versions.

7.6. I requisiti hardware e software richiesti sono minimi e sono generalmente soddisfatti su un normale sistema standard per uso casalingo. In order to take full advantage of the multimedia content present and the online tutoring services, you must

7.7. The Client also undertakes to adapt his hardware and/or software system should it be necessary following subsequent updates of the training platform on the qualityassurance.it website.

7.8. The Supplier shall have the right to interrupt the supply of the Training Service purchased by the Customer, giving immediate notice via the Web or by any other means, if:

7.9. The aforementioned communication obligations cannot be considered to exist in cases, alternatively considered, of force majeure, necessity or urgency.


8. DATA SECURITY AND CONFIDENTIALITY

8.1. The Client warrants that he legitimately disposes of all the information he enters on the qualityassurance.co.uk website for the purpose of purchasing the Course and accessing the relevant Service and that it does not infringe in any way, directly or indirectly, the rights of third parties. Therefore, the Client undertakes not to enter data that he cannot freely dispose of.

8.2. It is also forbidden for the Customer to enter false and/or fictitious data in the procedure of registration-registration to the Course and in subsequent further communications related to the execution of the contract.

8.3. The Client shall indemnify the Supplier:

8.4. If the Supplier or a third party establishes that the data provided is false, the Supplier reserves the right to prevent/suspend the Customer’s registration.


9.  INDUSTRIAL AND INTELLECTUAL PROPERTY

9.1. During the course of classroom courses or online courses, images may be taken, including portraits, of the participating user. More specifically, the Supplier may take photographs (in the case of classroom courses) or screenshots (in the case of online courses), either directly or through third parties working in the interest and on behalf of the Supplier, who will acquire all derivative and consequential rights to the photographic material thus created. The publication of the images for information and promotional purposes pursued by the Supplier will instead be subject to the express authorisation of the user.

9.2. The Supplier warrants that he has acquired the rights of economic exploitation of the course material published on the website in any form, including multimedia, and that he will use any material covered by copyright in accordance with the applicable legislation in force, which expressly provides, as hypotheses of free use, but not limited to, the reproduction or quotation of material for the purposes of criticism, discussion or for educational or scientific use.

9.3. The Supplier grants participants the possibility of viewing the teaching material and downloading it for personal use only, while they are precluded from disseminating, reusing, copying, selling it and any other action not expressly provided for and specifically agreed with the Supplier.

9.4. By adhering to these conditions, the User does not acquire any rights to the content, graphics, templates of the portal and any other element present in it. The User is therefore prohibited from reproducing the graphics of the site or any other site developed, licensed, controlled or owned by the company itself. No logo, graphic element, sound or image accompanying the pages of the site may be copied or reproduced without the express authorisation of the company.

9.5. The trademarks, including de facto trademarks, contained in the site or referred to are protected by the law on registered trademarks, unfair competition and other applicable laws and any commercial agreements and, therefore, may not be copied or imitated.

9.6. The names of products and companies that may be mentioned in the platform may be trademarks of their respective owners and used by the supplier as a result of specific commercial agreements, so unauthorised use of the same is expressly prohibited.

9.7. The software related to the platform, including the updates, which may be provided or made available to the User, are made or acquired by the Supplier, who is entitled to all the rights of economic use and this agreement does not give the User any rights over them and their source codes. It is expressly forbidden for the User to carry out the activities referred to in art. 64-bis L. 633/41, such as, by way of example but not limited to: the reproduction, extraction, translation, adaptation, distribution to the public in any form implemented or the transfer to third parties of the Software in any capacity carried out, whether for payment or free of charge. For the entire duration of the agreement and also thereafter, without the express authorisation of the Supplier, the User is prohibited from carrying out work on the Software, even for the purpose of correcting any flaws and/or defects, as well as duplicating, decompiling, disassembling, transforming or modifying the software.

9.8. The User will never acquire ownership of the site. The source codes and all rights are the exclusive property of Provider. The same applies to the proprietary media through which the material and live webinar recordings are reproduced.

9.9. All rights not expressly granted are reserved.

9.10. Any contrary behaviour on the part of users entitles the Provider, after deletion of the profile, to take action in the appropriate forums and forms.


10.  OBLIGATIONS OF THE SUPPLIER

10.1.The Supplier undertakes to guarantee access to the services offered by the platform to those who have correctly completed the procedure of enrolment and purchase of the courses, except as provided for in point 13 below.

10.2. The Supplier undertakes to activate the on-demand courses within thirty days from the purchase, except for what is established in point 12 below.

10.3. It is the Supplier’s obligation to make available to the Participant a reserved area in which his personal data and further information relating to the courses selected and purchased will be reported.

10.4. Without prejudice to the provisions of point 7 above, the Supplier is obliged to set up the system in such a way that the Participant can access, within the established time limits, the material of the courses and download the slides or view the videos in streaming mode, independently of the way in which the courses are held, at any time (always in compliance with the terms indicated in each course sheet) and, for the courses used, until the Participant requests cancellation of his profile if this occurs before the natural expiry date of access to the site (defined in each individual course sheet).

10.5. Il Fornitore si impegna a fornire apposito Attestato di Partecipazione al termine del corso. Lo stesso sarà consegnato direttamente al partecipante del corso in aula; nel caso di partecipazione al corso on line, l’Attestato sarà invece direttamente accessibile e scaricabile dall’area riservata.Except in the event of extraordinary maintenance of the site or its temporary malfunctioning, the Certificate of Attendance may be requested by the Customer by e-mail at info@qualityassurance.it .

The Supplier undertakes to store and process the personal data of users and customers in accordance with the provisions of Legislative Decree 196/2003 and subsequent amendments and additions, ensuring compliance with the requirements therein and, in particular, those relating to the preparation of logical and physical security measures referred to in Articles. 31 et seq. of the aforementioned legislation, their maintenance and support in accordance with the law, and to use the information only for the purposes indicated to users and for which they have given their consent, where necessary.

10.7. In the event of a request for cancellation by the Participant, the Supplier undertakes to cancel all the data collected, without prejudice to any conservation obligations imposed by law.


11.  OBLIGATIONS OF THE USER / SUBSCRIBER / PARTICIPANT

11.1. When filling in the form, the User who intends to register undertakes to provide his personal data correctly and truthfully.

11.2. The member undertakes to keep with the required diligence the authentication credentials needed to access the reserved area and the e-learning platform.

11.3. It is the obligation of the enrolled party to proceed with the payment of the fee for the course or service selected in one of the ways indicated.

11.4. It is the obligation of the participant to use the course materials only to the extent indicated in point 6.

11.5. In the event of participation in a live course, the participant undertakes to interact with the teacher and other users within the limits of what is relevant to the subject matter of the course, assuming as of now all responsibility for any unlawful content, contrary to morality, morality and infringement of the rights of others, which may be communicated on that occasion.

11.6. The Customer is obliged to use the purchased training service and to take the final test exclusively. He therefore undertakes to act in good faith and in particular to

11.7. Substitution of persons during the final examination is expressly prohibited, as is the use of any artifice suitable for unduly facilitating the Client.

11.8. Any behaviour that is contrary to good faith on the part of the Customer, as well as the violation of the aforementioned obligations and prohibitions, the list of which is to be considered non-exhaustive, may in no way be considered tolerated by the Supplier as it is likely to compromise its image, honour and decorum, making the Customer exclusively liable and entitling the Company to interrupt the provision of the service and, if necessary, to refer the matter to the Authority, as well as to claim compensation for damages.

11.9. The Customer therefore releases the Supplier from any liability in the event of complaints, legal action, governmental or administrative action, loss or damage resulting from the use of the services offered by the Supplier contrary to good faith and/or illegal by the Customer, third parties connected to it or third parties in general.

11.10. Except in cases of intent or gross negligence on the part of the Supplier, the Customer expressly exempts the Supplier from any liability for direct and indirect damage:

11.11. In no event shall the Supplier be liable:

11.12. It is the sole responsibility of the Customer to ensure the interoperability between the connectivity, with which he is equipped, and the platform from which the Service is provided.

11.13. Furthermore, the Supplier shall not be liable for non-performance of its obligations resulting from causes that could not reasonably be foreseen, from impediments beyond its direct and immediate control, or from force majeure. Upon the occurrence of one of the aforementioned force majeure events, the Supplier will inform the Customer via the Site, together with the prospects of regular reactivation of the Service.

11.14. The Customer undertakes to indemnify the Supplier against all losses, damages, liabilities, costs, charges and expenses (including legal ones) that may be incurred as a result of any failure to comply with the obligations assumed by the Customer by signing this Contract or Membership Form, and in any case related to the entry of information on the Site; all this, even in the event of claims for damages made by third parties for any reason.

11.15. Furthermore, the Customer agrees to release the Supplier from any liability in the event of complaints, legal action, governmental or administrative action, loss or damage resulting from the illegal use of the Service by the Customer or third parties.

11.16. It must be pointed out that the Supplier does not provide any advice regarding the educational needs of the Customers, consequently all responsibility regarding the correspondence between the educational content and the Customer’s needs is entirely the responsibility of the Customer himself. Furthermore, the Supplier cannot be held responsible for the Courses mistakenly purchased by the Customer.

11.17. The information and materials relating to the Courses provided are processed, reviewed and updated with accuracy, completeness and adequacy, thanks also to the support and specialist advice offered by highly qualified professionals in the design and creation of teaching materials.

11.18. Finally, the Client may not transfer to third parties any obligation or right arising from this Contract, without prior written authorisation, issued at the sole discretion of the Supplier and communicated by the same by registered letter with return receipt or email qualityculture@legalmail.it.


12.  CONDITIONS OF WITHDRAWAL

12.1. Online courses: the Customer consciously and expressly agrees to lose any right of withdrawal from this distance contract, applying the exceptions to the right of withdrawal in Art. 59, c.1 lett. a) and o) of Legislative Decree 6 September 2005 n.206 (Consumer Code).

12.2. The Customer, in fact, with the purchase of e-learning courses, consents to the provision of digital educational content through a non-material medium, with the express agreement and acceptance that this circumstance precludes any right of withdrawal.

12.3. Furthermore, the Client agrees to forfeit his right to withdraw from the present service, as it is made fully accessible and usable to the user by telematically sending the authentication credentials (username and password) and/or by sharing the direct access link to the recorded lesson (in the event of unavailability and/or malfunction of the QA Training Lab platform accessible from the qualityassurance.it website).


12.4. Classroom” and “In-House” courses: the Customer is granted, without charge and without specifying the reason, the right to withdraw within 10 days of enrolment in the course. The participant may inform the Supplier of his decision to exercise the right of withdrawal, within the aforementioned time limits, by submitting an explicit statement of his decision. Irrespective of the form used, the notice must be sent before the expiry of the withdrawal period, to the Supplier, at the address indicated, by e-mail to amministrazione@qualityculture.it. In the event of the exercise of the right of withdrawal granted to the registered user/participant/consumer, the Supplier shall be obliged to reimburse the sums already obtained in payment within 15 working days of becoming aware of the exercise of the right.

12.5. Live” courses: the Customer is granted, without charge and without specifying the reason, the right to withdraw within 14 days of enrolment in the course. The participant may inform the Supplier of his decision to exercise the right of withdrawal, within the aforementioned time limits, by submitting an explicit statement of his decision. Irrespective of the form used, the notice must be sent before the expiry of the withdrawal period, to the Supplier, at the address indicated, by e-mail to amministrazione@qualityculture.it. In the event of the exercise of the right of withdrawal granted to the registered user/participant/consumer, the Supplier shall be obliged to reimburse the sums already obtained in payment within 15 working days of becoming aware of the exercise of the right.

12.6. Apart from the cases envisaged by the previous points, the Customer enrolled in the “In-class”, “Live” and “In-House” courses is in any case permitted to express the desire not to participate in the course purchased by means of a communication to be sent by e-mail in accordance with the following procedures and limits:


13. CANCELLATION, COURSE MODIFICATION OR POSTPONEMENT

13.1. In relation to the number of registrations received, the Supplier may cancel or postpone to another date the holding of the “live”, “classroom” and “in house” courses, giving at least three days’ notice to the e-mail address provided by the Participant.

13.2. In the event of cancellation, the Supplier will refund the entire fee paid by the Participant or, in agreement with the same, to pay a bonus of the same amount for the purchase of other courses.

13.3. In the event that the start date of the course is changed, the Participant has the right to accept the new schedule or even the alternative solution of the bonus of the same amount of the course for the purchase of other courses, without further charge and subject to reimbursement of any difference, giving confirmation by e-mail at amministrazione@qualityculture.it within 10 days of the communication sent by the Supplier, or opting, by means of the same communication, for the reimbursement of the sums paid, by means of a request to be sent in the manner and within the time limit specified above. After this period, no reimbursement shall be due from the Supplier.

13.4. The Supplier reserves the right, at any time and without notice, to make changes to the content of the initiative and the composition of the teaching staff, guaranteeing equal professionalism, competence and the training course, subject to publication on the official page of the event.

13.5 For courses delivered partly “ondemand” and partly “live”, in the event of cancellation or postponement of the “live” meetings, point 13.3 relating to any refund or bonus in the event of cancellation or postponement will not cover the amount of the “ondemand” services. As set out in clause 12.7 and 12.2, the consumer with the purchase of e-learning courses consents to the delivery of digital educational content through a non-material medium, with the express agreement and acceptance that this precludes any right of withdrawal.


14. EXCLUSIONS OF LIABILITY

14.1. The Supplier’s liability is understood to be within the limits of the obligations assumed in these terms and conditions and the sum paid at the time of registration.

14.2. The User warrants that he/she will use the site and the spaces in accordance with the conditions and for the services established and offered by the Provider, excluding any use that is intended for illegal purposes or contrary to the provisions of these terms and conditions of use and in any way that could damage them, make them unusable, deteriorate them or interfere with their use by other Users.

14.3. The Supplier shall not be liable either to the User or to subjects directly or indirectly connected to them for delays, inefficiencies or suspensions that depend on Third Parties or are caused by force majeure or fortuitous events (including but not limited to suspension, slowdown or malfunctioning of the telephone service or electricity supply, malfunctioning of the Internet network or of the Internet service provider, or of the software used to provide the service, impediments or obstacles caused by legal provisions or acts of foreign national authorities, measures or acts of a legal nature or acts of third parties, or other causes not directly attributable to the Supplier); of the increase or failure to increase business by the User’s activity for tampering or interventions by third parties on services or equipment used by the Provider or by the User; for incorrect use of the platform by the Users; malfunctioning of the connection equipment used by the Users; non-conformity and/or obsolescence of equipment or programmes with which the User or third parties are equipped; problems or inefficiencies inherent to hosting and domain; for malfunctioning of services, loss of data, accidental disclosure of personal or sensitive data, and any other type of damage occurring as a result of attacks by hackers, thieves, hackers, crackers, viruses, etc.

14.4. The User accepts that the Provider will not be held liable for any omissions or errors that may be contained in the material on the site, or for any infringement of the rights of others and any damage, including indirect or consequential damage, or for any other damage of any kind, including damage resulting from loss of the right to use, loss of information or loss of earnings, or resulting from breach of contract, negligence or other damaging actions, arising from or in any way connected with the use of or information available on the site. 

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