Legal obligations.
You must be clear in your terms of service what the length of a lifetime is, what happens if you discontinue your product, and what access is covered. You also want to specify whether you are required to maintain your exact product as it exists at the time of purchase, and what happens if you go out of business or technology makes your product obsolete. You don’t want to open yourself up to liability by not clarifying to your customers exactly what they get when they purchase lifetime access. These are all things that a lawyer can help you determine, and it will probably cost you some money.
Some customers may be turned off by describing something as “lifetime” but then limiting its availability to a certain number of years. You don’t want to appear less than trustworthy or deceptive in your advertising.
These are the terms and conditions on which we supply our services.
1. Definitions
In these Terms and Conditions, the following words and expressions have the following meanings:
Agreement: an agreement between the Customer and the Company comprising these Terms and Conditions together with the relevant Registration Form and, where applicable, a completed Purchase Order;
Company: The Quaxys Academy with registered offices at 411 Beacon Hill Terrace, Gaithersburg, 20878, United States;
Company Website: refers to the Company’s main website (accessible at www.quaxys.com) and the Company’s user portal (accessible at www.quaxysacademy.com);
Completion Certificate: a certificate offered to Delegates at the sole discretion of the Company, once that Delegate has completed a Course;
Corporate Customer: a company that has registered or is seeking to register one or more individuals for a Course;
Course: a course of instruction provided by the Company, comprising one or more individual courses whose title and associated course code are detailed on the relevant Registration Form;
Course Brochure: information about Course content that is presented on the Company Website or is or otherwise provided by the Company;
Course Fees: the fees applicable to a particular Course, as stated on the relevant Registration Form or invoice, subject to the addition of VAT at the applicable rate;
Customer: means either (i) an individual who is registered or is seeking to register for a Course, or (ii) a Corporate Customer;
Data Protection Laws: the European Union General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018, as amended from time to time;
Delegate: an individual attending a Course, whether online or in a classroom, having been registered in accordance with these Terms and Conditions;
Instructor(s): the person(s) delivering instruction of a Course;
Force Majeure: refers to any event outside the Company’s reasonable control which prevents, hinders, or delays performance of its obligations under these Terms and Conditions, including but not limited to war, armed conflict, civil strife, malicious damage, the interruption of diplomatic relations, any law or action taken by a government, or any government or public authority guidelines or regulations, strikes, lock-outs, industrial disputes whether involving the workforce of either party or not, accident, explosion, failure of plant and machinery, failure of transport links, failure of communication infrastructure including the internet, failure of public utility including water and energy supply, earthquake, fire, flood, storm, extreme adverse weather conditions, outbreak of disease including but not limited to epidemic and pandemic outbreaks, nuclear contamination, chemical contamination, biological contamination, and acts of God;
On-Site Course: a Course provided in person at a physical location, such as in a classroom or at the Customer’s premises;
Purchase Order: an offer made by a Corporate Customer to the Company to purchase the provision of a Course, and containing the information described in 5.7.3;
Privacy Policy: means the Company’s privacy policy, accessible here;
Registration Form: the form by which a Customer registers for a Course, whether via the Company Website or using a paper or any other type of registration form provided by the Company for that purpose;
Terms and Conditions: means these terms and conditions, as amended from time to time in accordance with clause 24.3;
VAT: value added tax; and
Website Terms: means the terms and conditions relating to the use of the Company Website as updated by the Company from time to time, accessible here.
2. Scope
2.1 Any agreement made by the Company and a Customer for the provision of a Course, including any online Course and any bespoke instruction whether online or an On-Site Course, is deemed to incorporate these Terms and Conditions, which shall prevail over any other communication or agreement made between the parties, or any terms that the Customer seeks to impose or incorporate in a Purchase Order, unless expressly agreed in writing between them. In any event, the liability of the Company, its staff, affiliates, agents and licensors shall be limited at all times to the full extent described in these Terms and Conditions.
2.2 Where the Company provides online Courses the Website Terms apply in addition to these Terms and Conditions. The Customer agrees to comply with and, where the Customer is a Corporate Customer, the Customer agrees to ensure that its employees comply with the Website Terms.
3. Course Registration
3.1 A Registration Form must be completed on behalf of each individual seeking to enrol on a Course. An individual may submit a Registration Form on their own behalf, or a Corporate Customer may submit a Registration Form on behalf of one or more individuals. An individual will be successfully enrolled as a Delegate once their registration has been accepted by the Company in accordance with these Terms and Conditions.
3.2 Customers seeking to register for a Course should use the Registration Form available on the Company Website, or, in the case of Corporate Customers, may contact the Company using the details set out at the bottom of this page to request a Registration Form. The Customer agrees to ensure that the terms of the Registration Form and, where applicable, the Purchase Order, as well as any ancillary information the Customer provides in connection with these, are complete and accurate.
3.3 The fees payable by a Customer may appear automatically in the Registration Form if the application is made online. Otherwise, for individual or bespoke Courses the Company will be happy to provide a fee quotation upon enquiry. Any quotation provided by the Company shall not at any time constitute an offer made by the Company and is given for information purposes only.
3.4 Registration Forms may be submitted at any time prior to the Course start date, subject to these Terms and Conditions and the availability of places. Notwithstanding any other provisions of these Terms and Conditions, the Company reserves the right to refuse or cancel the registration of any Delegate at its sole discretion. In the event that it chooses to do so, the Company will refund any applicable fees in accordance with these Terms and Conditions.
4. Terms of Enrolment – Individuals
4.1 If an individual Customer is applying to be a Delegate on their own behalf, they will be deemed to have successfully registered on a Course and entered into an Agreement with the Company once the following conditions have been met:
4.1.1 the Customer has submitted a completed Registration Form and paid the associated Course Fees; and
4.1.2 the Company has acknowledged, in writing, receipt of both the Registration Form and the associated Course Fees. In any event, the submission of a Registration Form shall be deemed as an agreement to be bound by these Terms and Conditions.
5. Terms of Enrolment – Companies
5.1 Depending on the means of payment, a Corporate Customer may use one of the two methods set out below to register a Delegate.
5.2 Regardless of payment method, wherever a Corporate Customer completes a Registration Form on behalf of an individual, the person completing the form must be authorized to enter into contracts for staff training on behalf of that Corporate Customer.
5.3 If a Corporate Customer is registering a prospective Delegate, the Corporate Customer shall procure, in writing and in advance of submitting the registration, that the Delegate:
5.3.1 agrees to comply with these Terms and Conditions; and
5.3.2 consents for their personal information to be shared with the Company and otherwise as described more fully in our Privacy Policy.
5.4 Where a Corporate Customer has registered a Delegate and that Delegate (or any replacement Delegate) causes a breach of these Terms and Conditions, the Corporate Customer accepts full liability for any such breach(es).
Payment by card
5.5 If paying by credit or debit card, a Corporate Customer may submit a Registration Form on behalf of an individual. The Corporate Customer and the Company will be deemed to have entered into an Agreement once the following conditions have been met:
5.5.1 the Corporate Customer has submitted a completed Registration Form and paid the associated Course Fees; and
5.5.2 the Company has acknowledged, in writing, receipt of both the Registration Form and the associated Course Fees.
5.6 Once these conditions have been fulfilled, the individual referred to in the Registration Form will be enrolled as a Delegate and the Corporate Customer will be bound by these Terms and Conditions.
Payment by invoice and purchase order
5.7 A Corporate Customer may alternatively complete the registration using a Purchase Order, by the following process:
5.7.1 The Company will provide a fee quotation for the desired Course.
5.7.2 If the Corporate Customer wishes to proceed with the booking it must then submit a completed Registration Form to the Company.
5.7.3 At the same time as submitting the Registration Form, the Corporate Customer must submit a Purchase Order, which will constitute an offer to purchase the provision of the desired Course in accordance with these Terms and Conditions. The Purchase Order must clearly state both the relevant Course and the applicable Course Fees, as set out in the fee quotation provided by the Company.
5.7.4 The Purchase Order will be deemed accepted, and an Agreement entered into between the Corporate Customer and the Company, once the Company has issued written acceptance of both the Purchase Order and the associated Registration Form. Provision of this written acceptance will also complete the enrolment of the individual named in the Registration Form as a Delegate.
5.8 Once this registration process is complete, the Company will issue an invoice to the Corporate Customer for the amount of the accepted Purchase Order.
6. Activation Period
6.1 Once a Delegate has been enrolled for an online Course, they will have access to the Course materials for a period of 365 days (the “Activation Period”). The Activation Period will start on the day the Delegate’s registration was accepted, or, if applicable, on the date chosen by the Delegate in accordance with clause 6.2 below.
6.2 A Delegate who has been enrolled by a Corporate Customer may begin their Activation Period on a date of their choosing, so long as that date is no more than 1 year following the date on which their enrolment was completed. To do this, the Delegate must notify the Company in writing in advance of receiving any Course materials. If a Delegate fails to begin their Activation Period within 1 year of being enrolled for the Course, then (i) they will lose any entitlement to Course materials or instruction, and (ii) the Company will not refund any Course Fees that were paid for the Course on which the Delegate was enrolled.
7. Course Joining Instructions
The Company will send registered Delegates instructions on how to join a Course in advance of the Course start date. Delegates are responsible for ensuring that they have received these instructions before the Course commences, and should contact the Company if they have not received them in time.
8. Course Fees
8.1 Unless credit terms have been agreed in advance in writing between the Company and the Customer, all Course Fees must be paid in full by the due date shown on the invoice or the Registration Form, as applicable. The Company reserves the right to charge interest on any amounts that have not been paid within thirty days following their due date, at the rate of 2% above the Barclays base rate in force at the time of that due date.
8.2 Customers who are individuals registering on their own behalf are personally liable for their Course Fees, and until such Course Fees have been paid in full the Company may decline, at its discretion, (i) to register them as a Delegate, (ii) to provide any instruction or Course materials to them, and/or (iii) to award them a Completion Certificate.
8.3 Corporate Customers are liable for the full invoiced amount of any Course Fees in accordance with these Terms and Conditions, regardless of any failure by Delegate(s) who have been enrolled by them to complete all or any part of the Course, for any reason.
8.4 Course Fees include tuition by the Instructor(s), training materials, and for On-Site Courses, morning and afternoon refreshments, lunches and any room or equipment rental required for the Course. Unless otherwise agreed in writing by the Company, travel and accommodation costs are not included in Course Fees.
8.5 All Course Fees are quoted exclusive of VAT.
8.6 All payments made through the Company Website by credit or debit card are in USD. In some circumstances the Company may, at its discretion, accept payment in GBP or EUR. Please enquire using the contact details at the bottom of the page for more information on ways to pay.
9. Discounts
Any applicable discounts may be claimed only at the time of registration and cannot be claimed at a later date. The Company will not apply discounts retrospectively and will not offer refunds in the amount of any discount that could have been, but was not, applied at the time of registration.
10. Bespoke and On-Site Courses
The Company may from time to time provide bespoke and/or On-Site Courses. Where a Course is provided as a non-scheduled or bespoke Course, including any On-Site Courses, the following additional terms shall apply:
10.1 Only registered Delegates shall be entitled to attend an On-Site Course, unless otherwise agreed in writing by the Company;
10.2 The content, timing and venue of an On-Site course will be agreed by the Company in advance of the start of a Course and all necessary On-Site resources and facilities required by the Company will, at the Customer’s expense, be provided in accordance with requirements stated by the Company prior to the start of the Course; and
10.3 The Customer will take all reasonable steps to ensure the safety of any Instructors, personnel and/or representatives of the Company who are at any time on the Customer’s premises in connection with teaching a Course. The Customer will also take all reasonable steps to prevent the loss, theft or damage of the Company’s and Instructor’s property that is brought on to the Customer’s premises for this purpose. To the full extent permitted under applicable law, the Company, its staff, affiliates, agents and licensors accept no liability for any loss or damage suffered to any person or property as a result of the Company providing an On-Site Course.
10.4 The Company is not responsible for any personal belongings left in any of the On-Site Course venues.
10.5 Depending on the location of the On-Site Course, additional terms and conditions may apply, including those imposed by local law. In this event, any additional or amended terms will be notified to the Customer in advance of the Course start date.
11. Cancelling Registrations
11.1 If a Customer wishes to cancel a registration for a Course, notification must be given to the Company by email as soon as possible using the contact details set out at the bottom of this page.
11.2 For both online Courses and On-Site Courses, regardless of when the Customer cancels the registration, the Company reserves the right to charge an administration fee of 5% of the Course Fees, to reflect the administrative cost of processing the cancellation. This includes cancellation by the Delegate of an On-Site Course in accordance with clause 13.2 below.
Online Course cancellation
11.3 The Company may at its discretion refund online Course Fees provided, the Delegate has not viewed any more than 25% of the applicable online Course content and provided also that notice of cancellation is given to the Company within 30 days of the start of the Activation Period for that Course. The Company reserves the right to change its online Course cancellation policy at its discretion, and the Customer should consult the Course Brochure available on the website for the applicable online Course cancellation policy.
On-Site Course cancellation
11.4 Cancellation of an On-Site Course must be made at least 14 days before the agreed start date, otherwise the Company reserves the right to charge (i) a cancellation fee equivalent to 100% of the Course Fees, and (ii) the cost of any expenses reasonably incurred by the Company in connection with preparations to provide that On-Site Course, including but not limited to the travel tickets and accommodation expenses of the relevant Instructors.
11.5 The following cancellation fees shall remain payable in respect of cancelled On-Site Course registrations, depending on the notice period given prior to the Course start date:
11.5.1 Where notice of cancellation is received between 7 and 14 days before the start of the Course, the Company will charge 20% of the full Course Fees plus VAT. If the Company has already received payment, the Company will refund 80% of the full Course Fee plus VAT;
11.5.2 Where notice of cancellation is received less than 7 days before the start of a Course, the Company will charge a cancellation fee of 100% of the full Course Fees plus VAT. If the Company has already received payment, the Company will not refund any of the Course Fees paid. However, substitute Delegates can be made at any time before a Course commences;
11.5.3 Where notice of cancellation is received more than 14 days in advance of the start of the Course, the Company will refund any Course Fees plus VAT that have already been paid.
12. Course Rescheduling
The Company reserves the right to cancel or re-schedule a Course for any reason, including if the Company judges there to be an insufficient number of Delegates enrolled on that particular Course. The Company also reserves the right to alter the arrangements for the delivery of Courses, such as changing course venues and substituting Instructors. In such cases, we will make all reasonable efforts to inform Delegates of these changes in advance of the start of the Course. The Company will not be liable for any loss or expenses incurred by the Customer or Delegate as a result of any such rescheduling, cancellation or alteration. This applies in particular (but is not limited to) any travelling, subsistence or consequential expenses incurred by the Customer or Delegate. The liability of the Company shall be limited in such circumstances to refunding any Course Fees that had been paid in full at the time the Company cancelled, rescheduled or altered the Course.
13. Suitability of Delegates
13.1 The Customer is responsible for ensuring that the background of each Delegate is suitable for the Course the Delegate is attending.
13.2 We would like to ensure that all course Delegates obtain excellent value from our courses. For those Delegates attending an On-Site Course, if the Delegate concludes by the morning break of the first day of a course that the content is unsuitable, then upon notifying the Course Instructor the Company will refund 100% of the Course Fees. All learning materials must be returned to the Course Instructor and the Delegate must leave the Course immediately. The Company will not be liable to refund travelling, subsistence or consequential expenses. Delegates should read and understand the Course Brochure and contact the Company if they have any questions about suitability prior to registering.
14. Delegate Substitutions
Substitution of registered Delegates may be made at any time before a Course starts, at no extra charge but subject to the replacement Delegate providing suitable consent for their personal information to be shared in accordance with these Terms and Conditions and with our Privacy Policy. Please contact the Company as far in advance of the Course as possible to inform us of any changes, including full details of the substitute Delegate, so that Delegate lists and name badges can be amended. These Terms and Conditions will apply to the replacement Delegate. The Delegate being replaced is responsible for ensuring the payment of any Course Fees due from the substituted Delegate.
15. Transfer to Alternative Courses
15.1 Registered Delegates who can no longer attend a particular Course can apply to attend the same Course at a future date or an alternative Course if one is scheduled. A Delegate may only make one transfer and must attend the new course within 1 year of the original registration date. The Company makes no guarantee that the same Course or On-Site Course will be available at a future date.
15.2 The Delegate wishing to make a substitution should contact the Company as far in advance of the Course as possible, providing full details of the Course they wish to withdraw from and the new Course they wish to attend. Notification should be given to the Company by email, letter, or telephone using the contact information at the bottom of this page. A Registration Form for the new Course must also be submitted to the Company.
15.3 Course Fees that have already been paid will be applied to the new Course and an invoice will be issued for any shortfall and must be paid prior to the start date of the new Course. The amount of any reduction in the fees owed by the Customer to the Company as a result of the new Course Fees being lower than the original Course Fees will be refunded.
16. Completion Certificates
16.1 Once a Delegate has completed a Course, the Company may offer the Delegate a Completion Certificate. The cost of Completion Certificates awarded by the Company are included in the Course Fees. As a condition for the award of the Completion Certificate, the Company will ask all Delegates who have completed a Course to fill in a simple form to evaluate their experience of the Course.
16.2 The Company awards Completion Certificates at its sole discretion, if it judges the Delegate to have demonstrated satisfactory understanding of the relevant Course material. Delegates taking Courses online are required to demonstrate their understanding of the Course material by way of online tests. Delegates are given the opportunity to retake these tests until they achieve the required pass mark of 80%. The Company reserves the right to alter its procedures for testing Delegates’ understanding of the Course material at any time and as it sees fit.
16.3 Once they have completed a Course, Delegates will also have the option to request a certificate from the Institute of Electrical and Electronics Engineers (“IEEE”) upon payment of a fee to the IEEE (an “IEEE Certificate”), currently $30. The IEEE awards certificates at its sole discretion and the Company is not able to require the IEEE to do so. Once a Delegate has completed a Course and requested an IEEE Certificate, the Company will pass the details of the Course, basic personal information about the Delegate including name and address, and information regarding the Delegate’s completion of the online tests, to the IEEE. If the IEEE decides to award an IEEE Certificate, the IEEE will provide it directly to the Delegate.
17. Modification of Content
Information presented in Course Brochures is provided for information purposes only and does not constitute an offer to provide that particular content. The Company constantly strives to improve the content of its Courses and reserves the right to modify the content of any Course without notice.
18. Special Requirements
18.1 Any special requirements should be advised to the Company in advance of the Course start date, preferably during the registration process. The Company asks Delegates to make known to it as early as possible any medical conditions, special dietary requirements, allergies, or ability impairments. Delegates should also notify the Company of any other conditions or needs which would allow the Company to provide a higher level of personal service. The Company will endeavour to assist Delegates with all such requests to the best of its abilities. Any information received in this regard will be treated as confidential by the Company in accordance with our Privacy Policy.
18.2 The Company cannot guarantee that refreshments provided for On-Site Courses are free of nuts or other substances to which Delegates may be allergic. The Company, its staff, affiliates, agents and licensors therefore do not accept any liability for any allergic reaction to the refreshments provided.
19. Instructional Language
Unless otherwise stated, the language of instruction for all Courses is English.
20. Delegate Behaviour
Delegates are expected to act in a reasonable manner throughout the duration of a Course. However, if, in the opinion of the Instructor(s), a Delegate behaves in an unreasonable manner during any Course, the Instructor(s) reserves the right to require a Delegate to leave the Course. In this case, the decision of the Instructor(s) shall be final, and the Delegate agrees to comply with any such request to leave. The Company may also withdraw a Delegate’s right to access Course content through the Company Website if the Delegate breaches our website Terms. The Company shall not be under any obligation to refund Course Fees where an Instructor requires a Delegate to leave a Course or where the Company withdraws a Delegate’s right of access to Couse content in accordance with this clause 20.
21. Health and Safety Compliance
Delegates shall comply with all applicable health and safety legislation and codes of practice and the reasonable directions of the instructors throughout the duration of the Course.
22. Copyright
22.1 All rights are reserved by the Company. The Company Website and all materials, text, code, content, software, videos, music, sound, graphics, illustrations, artwork, photographs, formats, files, graphics, devices and links contained in it or linked to it, the Course Brochure and all Course notes and teaching materials used by the Company, (together “Content”) are protected by copyright, trade marks and other rights of intellectual property owned by or licensed to the Company.
22.2 Content is made available solely for the personal use of Delegates in connection with the Courses. The Content must not, in whole or part, be used, reproduced, transmitted or stored (in any form and by any means electronic, mechanical, recording or otherwise) for any other purpose including on or in connection with another website or publication, or for direct commercial gain, without the prior written permission of the relevant copyright owner.
23. Advertising and Marketing
From time to time, we may ask Delegates for their consent to be photographed or filmed during lectures or other related functions, for advertising and marketing purposes within the UK and internationally. We will ask for Delegates’ individual consent before gathering or using any such images.
24. Data Protection
24.1 The way in which we collect, use and share personal information that is provided to us by Customers and Delegates is set out in our Privacy Policy. For a copy of the Company’s Privacy Policy, click here. The Company warrants to the Customer that it will at all times comply with its obligations under the Data Protection Laws. The Company will only use the personal information provided to it by Customers and Delegates for the purpose of carrying out its obligations under these Terms and Conditions, and in accordance with the Company’s Privacy Policy.
24.2 If a Customer provides us with personal information on other individuals, it is the Customer’s responsibility to ensure that those individuals are made aware of and give their consent to our processing of their personal information in accordance with our Privacy Policy, and the Customer acknowledges that its processing and sharing, with us, of that personal information is undertaken pursuant to a legal ground under the Data Protection Laws.
24.3 Customers should note that, unless you require us not to, we may disclose your status as a Customer to others.
24.4 Acceptance and Variation of Terms
These Terms and Conditions and, where applicable the Website Terms, are deemed to be accepted by the Customer upon submitting a Registration Form. The Company reserves the right to vary these Terms and Conditions and the Website Terms from time to time and the version in force at any time will be that published on the Company Website. The version of these Terms and Conditions which applies to a particular Customer or Delegate will be the version that was in force on the date their Course registration was accepted by the Company. The version of the Website Terms which apply will be the version that was in force on the date upon which a Customer or Delegate accesses the Company Website. Customers and Delegates are advised to check the Company Website for the latest version of the Website Terms.
25. Force Majeure
The Company shall not be responsible for any failure or delay in performance of its obligations under these Terms and Conditions where an event of Force Majeure prevents, delays or hinders it from complying with those obligations.
26. Warranty and Liability
26.1 Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by the Company to the fullest extent permitted by law and the Company shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer or Delegate or any third party.
26.2 All Courses are provided “as is”. The Company makes no warranty, express or implied, regarding the quality, accuracy, completeness, timeliness, or fitness for a particular purpose of any Course, any instruction, any materials, or any other content or service that it provides. The Company does not warrant that the Courses or any other content provided by the Company will meet the needs of the Customer or Delegate. The Company does not warrant that the Company Website will operate in an uninterrupted or error-free manner, or that the Company Website is free of viruses or other harmful components.
26.3 To the full extent permissible under applicable laws, the Company, its staff, affiliates, agents and licensors shall not be liable:
26.3.1 for any injury and/or damage to persons or property arising from the use or operation of any ideas, instructions, methods, products or procedures referred to in the Courses or otherwise provided by the Company;
26.3.2 for any decision made or action taken in reliance on such information; and
26.3.3 for any damages (including but not limited to, lost profits, lost revenues, direct, indirect, consequential, incidental, special, punitive, or similar damages) even if advised of the possibility of such damages.
26.4 Subject to these Terms and Conditions, the Company’s liability, and the liability of its staff, affiliates, agents and licensors, shall be limited in all circumstances to the amount of the Course Fees for the Course to which a claim relates.
26.5 Notwithstanding any other provision of these Terms and Conditions, the Company does not seek to exclude liability for any (i) fraudulent misrepresentation made by the Company to any Customer or Delegate, (ii) death or personal injury resulting directly from the Company’s negligence or the negligence of an Instructor, or (iii) any other liability that cannot be excluded by law.
26.6 The Company represents and warrants that the services it provides will be performed in a manner consistent with the general customs and practices of the professional education service industry.
26.7 The Customer warrants that any contributions, submissions or uploads made by it (or by any Delegate registered by that Customer) to the Company Website will comply with the Acceptable Use Rules as set out in the Website Terms and the Customer will be liable to the Company for any breach of this warranty.
27. Customer Indemnity
The Customer agrees to defend, fully indemnify and keep fully indemnified at all times, and hold harmless the Company, its affiliates, officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of that Customer’s use (or the use by any Delegate registered by that Customer) of the Company Website or of any instruction, materials, knowledge or other content provided by the Company, including without limitation any infringement of any third party’s rights (including intellectual property rights and rights of privacy and publicity), the submission of any unlawful material to the Company Website (including without limitation material which is or could be deemed defamatory, obscene, offensive, inaccurate, blasphemous, threatening or illegal), and any breach by that Customer or Delegate of these Terms and Conditions or the Website Terms.
9.9 Sanctions and Export Laws
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.
If you become subject to such a restriction during the term of any agreement with Udemy, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Udemy).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws
Quaxys has the right to monitor user login location and remove any account logged in from the mentioned countries.
9.2 Disclaimers
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Udemy or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
28. Miscellaneous
28.1 If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired. Waiver by the Company of any of the terms herein or the granting of time or indulgence by the Company to the Customer or Delegate shall in no way affect the Company’s rights hereunder. The headings given are for clarification and do not form part of the Terms and Conditions.
28.2 An Agreement constitutes the entire agreement between a Customer and the Company and supersedes any prior agreements between that Customer and the Company. The Company may at any time assign, subcontract, delegate, or deal in any other manner with any or all of its rights and obligations under an Agreement.
29. Applicable Law
This Agreement shall be construed in accordance with American law and the American courts shall have sole jurisdiction.
The Quaxys LLC is a business name
Registered in United States
Tax Number: 93-2175027
Registered Office:411 Beacon Hill Terrace, Gaithersburg, Maryland, 20878, United States
Contact email address: info@quaxys.com
Effective date: 1 November 2021