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COURSE PURCHASE TERMS & CONDITIONS

These terms and conditions govern the way in which we supply products to you, including any courses.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.

You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.

 

  1. Grant of License

In consideration of your payment, we hereby grant you a license to use the purchased online courses (“the Products”). This license is limited, revocable, non-exclusive, non-sub licensable and non-transferable, and is subject to the rights and obligations granted under these Terms.

This license is personal to you and cannot be shared or exchanged with others.

  1. General

We develop, distribute and maintain the Products and will also provide you with the details to download and access the course. We will also manage your access to the Products and provide support to you, where necessary, as per your subscription.

You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.

We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.

  1. Access to Materials

The starting date of your access to the Products is deemed to be the date that you first have access. We will attempt to contact you where your access period has ended. Where this is the case, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period.

We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.

Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.

  1. Pricing and Payment

We use third party payment providers, depending on the way in which you make payments. Payment for the Products must be made at the point of purchase.

You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges. Please note that we must receive your payment in full before providing you with access to the Products.

Your payment includes the licensing of the Products for a limited period of time that is appropriate for the online content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.

We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.

  1. Cancellation, Restriction and Refund Policy

Our products are currently delivered by Internet download only. After your purchase has been approved we will process your order. Orders are typically processed within one (1) hour but could take as long as twenty four (24) hours to complete. Once your order has been processed we will send you a confirmation email using the email address you provided on our order form.

This email will serve as your electronic purchase receipt and will contain the information you need to access our product downloads.

Downloads from our servers are closely monitored to ensure you are able to successfully access our products. While we are flexible and allow you to complete a reasonable number of downloads we will not tolerate download abuse. We reserve the right to terminate your access to our download servers.

We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we generally offer no refunds.

If you change your mind about your purchase and you have not downloaded our product, we will happily issue you a refund upon your request.

Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.

We may restrict your access to the Products if you breach these terms, including without limitation:

  • a) A failure to make any payment due to us; or
  • b) Failure to provide accurate information that is necessary for us to provide the Products to you.

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.

  1. Disclaimer of Warranties

We provide the website on an ‘AS IS’� basis. Your use of the website and its content is at your own risk. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third party proprietary rights. We do not warrant that the website will provide continuous, prompt, secure or error-free service.

Nothing in this website constitute advice or guarantee any results. We assume no liability for information contained on this site and disclaims all liability in respect of such information.

We make reasonable, ongoing efforts to revise and update the website but assume no liability for any errors or omissions, including inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the website. We assume no responsibility, and shall not be liable for, any damages to or viruses that may affect your computer equipment or other property arising from your use of the website, including but not limited to the reproduction of the content.

This website contains links to other websites and to material contained on other websites. We are not responsible for the content of such other websites and to the extent permitted by law disclaim all liability in respect of such content and of any other websites or content which you may be able to access from such websites.

  1. Copyright Notice

All materials contained on this website are protected by copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without out prior written permission of or in the case of third party materials, the owner of that content. You may not alter or remove any copyright or other notice from copies of the content.

  1. Intellectual Property

All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by us BLE Digital. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.

Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.

All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.

 

  1. Our Responsibility for Loss or Damage

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.

We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.

We do not exclude or limit our liability to you in any case where it would be unlawful to do so.

If the Products damage your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us.

Our liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall we be liable for damages in excess of this sum.

  1. Other Important Terms

You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a license for your benefit only.

Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these terms illegal, then rest will continue in force.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  1. Governing Law

These terms are governed by and construed in accordance with the laws of the state of Hawaii and you can bring legal proceedings in the Hawaii State courts.

This was last updated in October, 2018.

 

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