These Terms and Conditions govern your use of our website at http://topacademy.uk (the “Website”) and the services available through the website (the “Service”). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not use this Website or our Service. If you have any questions about these Terms and Conditions please contact firstname.lastname@example.org
These Terms and Conditions were last updated 01-Apr-2016
1. The Website and the Service is operated by Hypersmart Limited a limited company registered in England and Wales under the company number 06951401 with its registered office at 3 Branklyn Gardens, Ingleby Barwick, Stockton-on-Tees. TS17 0NA.
2. Additional Terms.
If You register to use this Service you will be allocated a username and password(“ID”). You must not permit anybody else to use your ID and you will be responsible for all use of the Service using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as disclosure, theft or unauthorised use of your ID you must notify us immediately by emailing email@example.com. 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 are solely responsible for maintaining the confidentiality of Your account, username, and password 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 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.
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.
4. The Service.
The Service enables You to access our “Products” that include, but are not limited to, Courses and supporting materials, and taking feedback from You.
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 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 authorised to supply such information and hereby authorise the Company to charge the credit card to pay the fees as they are due. If your payment fails then the Company may collect block your access to any Products pending resolution of any amounts due by You to the Company.
All 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 learner’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 Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
Full details of the Service available to you will be published on our Website from time to time. We are continually seeking to develop and improve the Service we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the Service without notice.
5. General Disclaimer.
The site is only a marketplace for You. The Company do not hire or employ tutors nor are we responsible or liable for any interactions involved between the tutors and you. The company are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of tutors or You, including, but not limited to, any reliance upon any information provided by a tutor.
The Site and Products may give You access to links to third-party Websites (“Third Party Sites”), either directly or through Courses. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. 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 Sites.
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 to recruit, solicit, or contact in any tutors or potential users for employment or contracting for business not affiliated with the Company or without the Company’s advance written permission, which may be withheld under the Company’s sole discretion. You assume any and all risks from any meetings or contact between yourself and any tutor or other user of the Products.
7. Specific Obligations of using the Website.
If You are in search of or participating in a Course the following additional terms and conditions apply, and You confirm that You represent, warrant and covenant that:
– You have read, understood, and agree to be bound by the pricing information (see 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 13 may not register for an account or purchase Courses;
– You will not upload, post or otherwise transmit any unsolicited or unauthorised 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 libellous content;
– You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create deivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms as applicable;
– You will not disclose any personal information to a tutor, 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 tutor or other user.
8. 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 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 suppliers) and is protected, without limitation, pursuant to U.K. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms and Conditions with respect to Your Submitted Content and that the Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms and Conditions.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Website and the Products, in accordance with these Terms and Conditions, or restrictions associated with particular Courses or Products. All other uses are expressly prohibited without Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give You explicit permission to do so.Submitted Content and Company Content is licensed, and not sold, to You. Tutors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
You agree that we may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Website and and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Website, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
9. Pricing, Payment and Refund.
Course are priced individually and clearly stated on the Website. When you purchase a course You authorize us to charge Your credit card for the stated amount. If your card is declined you will not be able to access the course until the amount is paid. Payments are processed by our payment partner and paid to Hypersmart Limited, UK.
Course or Submitted Content sales within the European Union is subject to any value added tax (“VAT”), under applicable law. The Company will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to purchases within the European Union.
For sales of any Courses or Submitted Content in countries other than the European Union, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). The Company is unable to provide you with tax advice and You should consult your own tax advisor.
The Company may, in its sole discretion, round up or down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest pound, euro, dollar or other supported currency); for example, Company will round up an amount of £101.50 to £102.00 and £101.49 to £101.00.
Some currencies are denominated in large numbers. In those cases, the Company may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1000of the currency; the corresponding examples for such currencies would be for Company to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35449 down to 35,400 or 837,500 up to 838,000 or 837,499 down to 837,000.
The companies on-line platform will default the Sale Currency to GBP (Pound Sterling). You can not change Your displayed currency. Each foreign currency conversion is processed at foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs GBP£100.00 to buy US$125.00, the currency conversion rate of Pounds(Sterling) to US dollars would be 0.8, and the currency conversion rate from US dollars to Pounds (Sterling) would be 1.25. Currency conversions will vary from time to time.
The Company offers a thirty (30)-day, no-questions-askedmoney back guarantee on Courses. If You have purchased a Course and You are unhappy with such Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via firstname.lastname@example.org. 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.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Website, 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 U.K. 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.
11. Limited Warranty and Disclaimers.
We warrant that we will use reasonable skill and care in making the Website and the Service available to you. Because of the nature of the Service and the nature of the Internet, errors and omissions do occur. Therefore, the Website, Course Content, Submitted Content, Products and any other materials made available on or through the site are provided “as is”, without any warranties of any kind and, to the fullest extent permissible under any applicable law, the Company hereby disclaims all such warranties, express or implied, including, but not lomited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
12. Limitation of Liability.
The Company will use reasonable endeavours to remedy faults in the Service we provide. If we are in breach of this agreement, 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 forseeable 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. This section 12 does not exclude or limit either party’s liability for fraud, for death, or for personal injury resulting from negligence, or from any other liability that cannot be limited or excluded by law.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensor’s, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs and expenses, due to or arising our of Your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defence 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 wit such defence and in asserting any available defences.
We may terminate Yoir use of the Products or Website immediately without notice for any breach by You of these Terms or any of our applicable policies, as posted on the Website from time to time. We may discontinue offering any Product, Course, or Content at any time. You may terminate Your use of the Website or the Products at any time, either by ceasing to access them, or by contacting us at email@example.com. We haveno obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Website, Products and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
15. Electronic Notices.
By using the Products or communicating with the Company, You agree that the Company may communicate with You electronically regarding security, privacy and administrative issues relating to Your use use of the Products or these Terms. If the 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 withdraw consent from receiving electronic notices), please write to Company its registered office.
– 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 Termsand 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.
These Terms and Conditions and the contract between us will be governed by English Law.We will try to solve any disagreements quickly and efficiently. If You wish to take court proceedings in relation to this agreement you must do so in the United Kingdom.
The Company will from time to time update and make changes to these Terms and Conditions. The Company recommend that you revisit these Terms and Conditions regularly and ideally each time you use the Service.