Terms and Conditions for Online Courses
Terms of Use Introduction. THIS AGREEMENT BINDS YOU, THE USER, OR ANY AFFILIATED PERSONS OR ENTITIES (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF SUN ROOM CLINIC TRAININGS LTD’S (“OUR”, “WE”, “COMPANY”) SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). AS SOME OF OUR PRODUCTS MAY BE SOFTWARE THAT IS DOWNLOADED TO YOUR COMPUTER, PHONE, TABLET, OR OTHER DEVICE, YOU AGREE THAT WE MAY AUTOMATICALLY UPDATE OUR PRODUCTS, AND THAT THESE TERMS WILL APPLY TO ANY SUCH UPDATES. BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE “ENROLL ONLINE” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND DISCONTINUE USE OF THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE OF YOUR USE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS IN CONFLICT HEREWITH. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY THE COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. Additional Terms. Any personal information submitted in connection with Your use of the Products or the Site is subject to Our Privacy Policy available on request. General. The Products enable students (“Students”) to connect with independent contractor instructors (the “Instructors”) who provide live and recorded instruction, tutoring, and learning services in Our proprietary online classrooms (the “Courses”). Persons who use and have access to Company Products, including the Courses, are collectively referred to herein as “Users.” For clarification purposes, the Products specifically include, without limitation, facilitating and hosting Courses and supporting materials, as well as taking feedback from Users. Participation in or completion of any of the Course confers to any academic credit as stated according to the accreditation board stated. Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision. The Company may modify the Products or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use. If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due. If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company. All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products. General Disclaimer. The Site and Products may give You access to links to third-party Websites (“Third Party Sites”), either directly or through Courses. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site. The Company may from time to time provide links to certain products or services in which Sun Room Clinic Training Ltd will receive a commission if you purchase. We will not compromise the quality of our website and recommendations in order to receive additional payment. We will continue to only recommend products and services that we believe will be beneficial to Students. Conduct. You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Products. The Company shall also consider the following actions as a direct violation of the Terms of Use of the Company, its Site, its Courses, and its Products: Taking any action involving use of the Company’s Products, Courses, or related materials that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties. Sharing your password, letting any third party access your account, or doing anything that might put your account at risk. Attempting to access any other user’s account. Reproducing, transferring, selling, reselling, or otherwise misusing any content from Our Products, unless specifically authorized to do so. Accessing, tampering with, or using non-public areas of our systems, unless specifically authorized to do so. Breaking or circumventing our authentication or security measures or otherwise testing the vulnerability of our systems or networks, unless specifically authorized to do so. Trying to reverse engineer any portion of Our Products. Trying to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing. Using our Products to distribute malware. Impersonating or misrepresenting your affiliation with any person or entity. Security. Security of use and protection of users is important to Sun Room Clinic Training Ltd. However, while we work to protect the security of Your account and related information, the Company cannot guarantee that unauthorized third parties will not be able to defeat Our security measures. Please notify us immediately of any compromise or unauthorized use of Your account by emailing [email protected]. Use this site and its contents at Your own risk and take steps to mitigate loss in the event of a security breach by checking for fraudulent activity on Your related financial accounts regularly. Specific Obligations of All Users. You hereby represent, warrant and covenant that: You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course; You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 14 may not register for an account, or register and/or purchase Courses. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products; You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content; You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable; You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and You will not solicit personal information from any Instructor or other User. Registration. To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account. Upon approved use, the Company shall grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use and access Our Products. As applicable, You may download content from our Services only for Your personal, non-commercial use, unless you obtain Company’s written permission to otherwise use the Products or contents thereof. Use of or access to Our Products does not give You ownership of any intellectual property rights in Our Company, Company Products, or the content You access. You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse. Unsupervised use by any minor is not suggested and use by any persons under the age of fourteen (14) is strictly prohibited. Failure to follow the guidelines and suggestions provided herein is grounds for revocation of access, indemnity of Company by user, and/or damages, as applicable. Content, Licenses & Permissions. All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Company Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to UK. and foreign copyright and other intellectual property laws. THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company directly by emailing [email protected]. All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses. Pricing You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater. Foreign Currency Company’s online platform will default the Sale Currency based on Your geographic location. The currency of any transaction will match the Sale Currency displayed to You on the website. You cannot change Your displayed currency. Each foreign currency conversion is processed at a foreign currency conversion rate. Refunds Sun Room Clinic Training Ltd offers Students a fourteen (14)-day, no-questions-asked money back guarantee on individual Courses,To request a refund, please contact us via [email protected] or use self-service options as available. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you. Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to UK. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval. Warranty Disclaimer. THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OUR ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. THIS SECTION 12 DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S RESPONSIBILITY FOR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, HOWEVER, YOU SPECIFICALLY AGREE THAT ANY SUCH APPLICABLE CAUSE OF ACTION RELATED TO THE PRODUCTS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Indemnification. You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 13, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses. Termination. We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time. You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at [email protected]. We have no obligation to retain any of Your Account for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Sections 4, 5, 10-15 and all representations and warranties shall survive termination. Electronic Notices. By using the Products or communicating with Company, You agree that Company may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Company learns of a security system’s breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Company at [email protected]. Miscellaneous. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. Governing Law and Jurisdiction. You agree that any dispute related to these Terms will be governed by the laws of England and Wales, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving England and Wales as the legal forum for any such dispute. The above information must be submitted to the following: Sun Room Clinic Training Ltd [email protected]