KloudAcademy

1. General
1.1. KloudAcademy strive to provide affordable and high-quality education that focuses on socio-emotional and academic activities.
1.2. KloudAcademy is an online platform providing Users with access to Educational-style Videos created by trusted teachers featuring courses, classes, activities and virtual classrooms targeted at child development.
1.2.1. Recommended ages suitable for our Products and Services is between 3 – 12 years old.
1.3. KloudAcademy is part of the TeachKloud family (https://www.teachkloud.com) and is a feature of Serenity Compliance Limited.
2. Use of the Website
2.1. The use of this Website is subject to the following terms;
2.1.1. All content is for general use only.
2.1.2. All content is subject to change without notice.
2.1.3. The Website uses cookies to monitor browsing preferences.
2.1.3.1. For further detail see our dedicated Cookies Policy and Privacy & GDPR Policy.
2.1.4. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in or on the Website for any particular purpose.
2.1.5. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.1.6. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable.
2.1.6.1. It shall be your own responsibility to ensure that any Products, Services or information available through this Website meet your specific requirements.
2.1.7. This Website contains material which may be either owned by or licensed to us.
2.1.7.1. These material includes, but is not limited to, the Services, Products design, layout, look, appearance and graphics.
2.1.7.1.1. Reproduction in all forms is strictly prohibited other than in accordance with the copyright notice, which forms part of these terms.
2.1.8. All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.
2.1.9. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
2.1.10. From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.1.11. All Content and Materials contained within this Website are for general purposes only and all Educational Videos should be considered for general and entertainment purposes only.
2.1.12. Our Products and Services have not been developed to meet individual requirements and that it is therefore the Users responsibility to ensure that the facilities and functions of the Products and Services meet your requirements.
2.1.13. All Users and those using the Website agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, Service, Products or communicate with or any contact on the Website through which the Products and Services are provided, without express written permission by the Company.
3. User & Registration Guidelines
3.1. All Users can view our full catalogue of Products and Services and view a small selection of our Videos and promotional Videos.
3.2. To view and participate in our full catalogue of Products and Services, Users must register under one of the following categories:
3.2.1. Pay as You Go: Users can pay for individual Videos.
3.2.1.1. The prices of individual Videos are determined by the creator of the Video.
3.2.1.2. Each Video shall contain all detail regarding remuneration and requirements.
3.2.2. Individual Monthly Subscription
3.2.2.1. Users shall pay a one-off fee for an Individual Monthly KloudAcademy Account which shall remain active for 30 (thirty) days.
3.2.2.2. Individual Monthly Subscriptions shall automatically renew upon expiration.
3.2.3. Individual 6-Month Subscription
3.2.3.1. Users shall pay a one-off fee for a 6-Month KloudAcademy Account which shall remain active for 180 (one hundred and eighty) days.
3.2.3.2. Individual 6-Month Subscriptions shall automatically renew upon expiration.
3.2.4. Group License Subscription
3.2.4.1. Group License provides a fixed set number of licenses which provide full access to our Videos, which can be distributed to a defined group.
3.2.4.1.1. Suitable for a school or educational group.
3.2.4.2. Users shall pay a one-off fee for a KloudAcademy Group Account which shall remain active for 90 (ninety) days.
3.2.4.3. Group License Subscriptions shall automatically renew upon expiration.
3.3. All Accounts grant the User with limited, personal, non-commercial, non-transferable, temporary, revocable, non-assignable, non-sub-licensable licence and right to access to Platform, Products and the Services though generally available web browser, mobile device and operating systems.
3.4. Upon expiration of an Account, the User will lose all access to our paid Products and Services.
3.5. The cost of opening an Account and extension fees may fluctuate as we may be running promotional offers.
3.5.1. All Users shall refer to our Website to locate our current prices.
3.6. Channel Subscriptions: Registered Members can subscribe to any instructor’s or teacher’s channel and gain full access to their content.
3.6.1. Channel Subscription prices are set by the Instructor or Teacher.
3.7. All Users must be above the age of 16 years old to register a KloudAcademy Account.
3.8. All Users must actively supervise any child utilizing our Products and Services.
3.9. English language is a prerequisite for participating in our Products and Services.
4. User General Obligations
4.1. The Website is contingent upon the User agreeing to the following;
4.1.1. That you represent that you at least the age of majority in your country, state or province of residence to visit the Website.
4.1.2. You must be at least 16 (sixteen) years old access the Website.
4.1.3. You understand that your content may be transferred unencrypted and involve;
4.1.3.1. A transmission over various networks and,
4.1.3.2. Changes to conform and adapt to technical requirements of connecting networks or devices.
4.1.4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the Products or Service, or any contact any other legal entity on the Website, without express written permission by the Company.
4.1.5. You may not use our Services or Products for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction, including but not limited to copyright laws.
4.2. The User shall;
4.2.1. Provide the Company with all necessary and required access to, and use of, all information, data and documentation reasonably required by the Company for the performance of its obligations under these Terms and Conditions, as upon being requested to do so;
4.2.2. Ensure that such information, data and documentation is complete and accurate in all material respects; and
4.2.2.1. Update or notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
4.2.3. Where the Company is required to comply with any third-party website owner's platform selling policy or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.
4.2.4. The User shall promptly notify the Company in writing if they believe, within reason that the Products or Services do not comply with the specification set out on the website. (Error).
4.3. Accounts and Subscriptions for all Products and Services are not transferable.
5. Products and Services
5.1. All our Products and Services are:
5.1.1. Created for and best suited for children between 3 and 12 years old,
5.1.2. Created and submitted by internal and external teachers whom undergo our quality assurance process,
5.1.3. Are currently only available in the English language.
5.2. The Company provides the following Services and Products, including but not limited to;
5.2.1. Video Marketplace,
5.2.2. Educational Videos,
5.2.3. Virtual Classrooms,
5.2.4. Quiz’s & Questionnaires,
5.2.5. Live Communication through instant messaging and commenting.
5.3. The Company may provide the following general topics within the Products, including but not limited to;
5.3.1. Math,
5.3.2. Science & Experiments,
5.3.3. Fine & Gross Motor Skills,
5.3.4. Drama,
5.3.5. Dance,
5.3.6. Cooking & Baking,
5.3.7. Exercise and Movement (for the whole family),
5.3.8. Yoga,
5.3.9. Gardening, Singing,
5.3.10. Circle Time,
5.3.11. Yoga,
5.3.12. Numeracy, Language and Literacy through fun and engaging activities,
5.3.13. Singing,
5.3.14. Messy Play and Art,
5.3.15. Storytelling with Puppets or Plush Animals,
5.3.16. About our World.
5.4. The Company does not create all Videos on the Website and the creator of each Video and follow-up information is contained within the Video description.
5.4.1. The Creator is responsible and liable for their Videos.
5.5. Each Product and Service offered is be accompanied by Individual Teaching Terms.
5.6. When using our Products and Services, all children must be supervised.
5.7. At the discretion of the Company, the Company may provide full on-boarding support and will fully assist all Users:
5.7.1. Understand and Select Topics,
5.7.2. Understand the Platform through a guided tour,
5.7.3. Assist in setting up profiles.
5.8. Our Products and Services are only sold online via our Website.
5.9. We reserve the right to refuse Products and Services to anyone, for any reason, at any time.
5.10. Acceptance of any Product or Service shall be deemed to have taken place upon Purchase.
5.11. Under no circumstances should any video or information on the Website be copied, disseminated, downloaded or shared in any capacity.
6. Payment
6.1. All prices of Products and Services are available on our Website and are subject to change without notice.
6.1.1. Prices displayed on our Website are in Euro (EUR).
6.2. The User shall pay via the checkout method provided by the Website.
6.2.1.1. All prices are shown as is.
6.3. We accept the following methods of payment for our Products and Services, unless otherwise stipulated in these Terms;
6.3.1. Stripe.
6.4. Users shall follow all payment instructions provided by Stripe.
6.5. We reserve the right to pass onto the User any fees charged for the use of our methods of payments, by the payment gateway company or any relevant company in this capacity.
6.6. Payment is considered complete when all funds have been paid, received and cleared, as deemed by the Company.
6.7. Upon an order for a Product or Service being placed, the User is not entitled to refund, unless otherwise stipulated in these Terms.
6.8. We reserve the right to change prices without prior notice to the User.
6.9. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
6.9.1. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7. Cancellation & Refund Policy
7.1. We do not provide refunds for cancellations unless otherwise stipulated in these Terms.

8. Accuracy of Billing and Account Information
8.1. You agree to provide current, complete and accurate purchase and account information for all Account and purchases made on our Website.
8.2. You agree to promptly update your account and other information, including your email address and financial information so that we can complete your transactions and contact you as needed.
8.3. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from non-accurate information provided by you to us.
8.4. Your submission of personal information through our Website is governed by our Privacy & GDPR Policy.
9. Termination
9.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
9.2. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Products, or when you cease using our Services, Products or Website.
9.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate any agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and Products, or any part thereof.
10. Teachers and Instructors
10.1. Teachers and Instructors are responsible for all content they post, including videos, quizzes, exercises, practice tests, assignments, resources, answers and announcements
10.2. Teachers and Instructors may create and upload their Videos within the Video Marketplace.
10.2.1. Teachers and Instructors shall receive a financial percentage every time one of their Videos is purchased.
10.2.2. Teachers and Instructors are responsible for setting prices.
10.3. We reserve the right to refuse participation Products and Services within any capacity, for any reason at any time without the need to provide reason.
10.4. Teachers and Instructors must:
10.4.1. Create a complete Profile, including necessary pictures,
10.4.2. Create a clear description of each Video,
10.4.3. Create clear learning goals for each Video,
10.4.4. Create and display accurate Teaching Terms for each Video or content intended for distribution on the Website,
10.4.5. Remain enthusiastic and passionate.
10.5. Teachers and Instructors warrant:
10.5.1. They will provide and maintain accurate account information,
10.5.2. They own or have the necessary licenses, rights, consents, permissions, and authority to authorize us to use your submitted content as specified in these Terms,
10.5.3. Submitted content will not infringe or misappropriate any third party's intellectual property rights,
10.5.4. You have the required qualifications, credentials, and expertise, including education, training, knowledge, and skill sets, to teach and offer the services that you offer through your submitted content for the use of providing the Services and Products,
10.5.5. You will respond promptly to Users and ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
10.6. Teachers and Instructors warrant that they will not:
10.6.1. Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
10.6.2. Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise, through the Services or to any User;
10.6.3. Use the Website for business other than providing videos, tutoring, teaching, and instructional services to Users;
10.6.4. Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording,
10.6.5. Frame or embed the Services, such as to embed a free version of a course, or otherwise circumvent the Services,
10.6.6. Impersonate another person or gain unauthorized access to another person's account,
10.6.7. Interfere with or otherwise prevent other instructors from providing their services or courses or,
10.6.8. Abuse our resources, including support services.
10.7. Channel Subscriptions:
10.7.1. Registered Users can subscribe for a fee to any Teachers or Instructor’s channel and gain access to their content.
10.7.1.1. Channel Subscription price is set by the Teacher or Instructor.
10.7.1.1.1. The Website shall be entitled to a percentage of the Channel Subscription fees.
10.7.2. In order to apply for Channel Subscriptions, Teachers and Instructors must have at minimum 10 (ten) hours of content and must add 1 (one) hour of new content per month.
10.7.3. We reserve the right to prohibit or close any channel at our absolute discretion without the need to inform of our reasoning.
10.8. The Teachers and Instructors are fully responsible and liable for their actions and the content they upload on the Website.
11. External Content Creators
11.1. External Content Creators are third parties hired by the Company to create videos on behalf of the Company for the Video Marketplace.
11.2. External Content Creators are freelancers and shall not be considered employees of the Company.
11.3. External Content Creators are not required to create an Account and shall follow the Agreement and direction of the Company.
12. Teachers, Instructors and External Content Creators General Video Guidelines
12.1. All Videos shall:
12.1.1. Be recorded in Landscape.
12.1.2. Ensure reasonable video quality as deemed appropriate by the Website,
12.1.3. Ensure clear audio quality as deemed appropriate by the Website, clear audio includes:
12.1.3.1. Clear pronunciation,
12.1.3.2. No background noises,
12.1.3.3. No echoes,
12.1.3.4. Or anything which a reasonable person would consider unclear, inaudible or distracting.
12.2. The Company reserve the right to reject or remove any Video for any purpose, without the need to inform the reason to the creator of the video.
13. Third-Party Providers
13.1. We utilise third-party provides for Marketing purposes of our Products and Services and other purposes we deem necessary.
13.2. Our Products and Services may be available on other third-party websites and social media websites.
13.2.1. If you have purchased one of our Services or Products on one of these third-party sources, those transactions and orders are subject to the conditions contained in these Terms.
13.3. We are not liable for any harm or damages related to the purchase or use of goods, services, products, resources, content, or any other transactions made in connection with any third-party websites.
13.3.1. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
13.3.2. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and you should also immediately inform us.
14. User Comments, Feedback and other Submissions
14.1. If, at our request, you send certain specific submissions, for example contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
14.2. We are and shall be under no obligation to;
14.2.1. Maintain any Comments in confidence,
14.2.2. To pay compensation for any Comments or,
14.2.3. To respond to any Comments.
14.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
14.4. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
14.4.1. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products or Service or any related website.
14.5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
14.5.1. You are solely responsible for any comments you make and their accuracy.
14.6. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14.7. If you submit a testimonial to us using on this site, via email or post it on any of our social media profiles, then you agree that we may publish your testimonial, together with your name, on this website, and on any successor website that we may operate from time to time, on such page and in such position as we may determine in our sole discretion.
14.7.1. You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial.
14.7.1.1. We will never edit a testimonial in such a way as to create a misleading impression of your views.
15. Code of Conduct
15.1. The Company expects all users of the Website to conduct themselves at all times in an orderly manner, respecting the rights and privacy of others.
15.2. The Company reserves the right to remove any User with immediate effect if they are found to be in breach of this Code of Conduct, or their behaviour is such that results in damage, endangering others or self or in impede the progress of other participants.
15.2.1. Users will be held financially responsible for any damages.
15.3. You agree to follow safety instructions from the teacher or instructor conducting the Products or Services. Although teachers and instructors are chosen for their experience, all participants in our Services and Products have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other participants are liable for their own actions.
15.3.1. You agree to indemnify the Company in full for any loss or damage to other participant’s or their property as a result of your failure to follow safety instructions or maintain safety standards or in respect of any negligence which may occasion such loss or damage.
16. Prohibited Uses
16.1. In addition to other prohibitions as set forth in these Terms, all Users and individuals using the Website are prohibited from using the Website, or its content, or our Products and Services for the following;
16.1.1. For any unlawful purpose,
16.1.2. To solicit others to perform or participate in any unlawful acts,
16.1.3. To copy, download, distribute or disseminate in any capacity all information and videos on the Website,
16.1.4. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
16.1.5. To infringe upon or violate our intellectual property rights or the intellectual property rights of others,
16.1.6. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
16.1.7. To submit false or misleading information,
16.1.8. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet,
16.1.9. To collect or track the personal information of others,
16.1.10. To spam, phish, pharm, pretext, spider, crawl, or scrape,
16.1.11. For any obscene or immoral purpose or,
16.1.12. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
16.2. We reserve the right to terminate your use of the Products and Service or any related Website for violating any of the prohibited uses.
17. Privacy
17.1. All Users are obliged to seek out, read and understand the separate Company, the Website Privacy & GDPR Policy and Disclaimer.
18. Warranties
18.1. The User warrants that they have sufficient permission to access the Website or purchase any Service or Product from the Company.
18.2. The Company warrants that:
18.2.1. It shall provide the Products and Services,
18.2.1.1. In accordance with the Terms and Conditions set herein,
18.2.1.2. In accordance with any and all applicable laws, regulations and statute,
18.2.1.3. With reasonable care and skill, and
18.2.1.4. In accordance with generally recognised commercial practices and standards;
18.3. The Company does not endorse or condone the opinions and views of any of its staff, employees, teachers, instructors, employees, subcontractors or agents, nor shall they be considered the opinion, view or stance of the Company.
18.4. These Terms and the documents referred to in them set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
19. Indemnity
19.1. You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, teachers, instructors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19.2. Users will indemnify the Company harmless from any and all claims or demands, including but not limited to reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this agreement or violation of any law or the rights of any party.
20. Notice
20.1. Any notice given under these Terms shall be by mail and/or email which are our only accepted official forms of communication from you.
20.1.1. If you choose to contact us via any other means, including through our social media accounts, we may not be able to process your enquiry in a timely manner, or may not be able to process your enquiry at all.
20.1.1.1. As such, we will not be liable or held responsible for any damages that may arise for you from you failing to contact us via our accepted communication channels
20.2. A notice is deemed to have been received:
20.2.1. If delivered personally, at the time of delivery;
20.2.2. In the case of e-mail, at the time of transmission, provided a confirmatory copy is sent by first-class pre-paid post or by personal delivery before the end of the next Business Day,
20.2.2.1. All e-mail notices shall be sent to: hello@kloudacademy.com.
20.2.3. We will use the email you provided us with to communicate with you, and we ask you check your email account frequently, at least weekly is recommended, for important communications
20.2.4. We cannot accept responsibility where you do not meet an important deadline or incur other disadvantages arising from not checking your email or mail.
21. Confidentiality
21.1. Each party shall protect the Confidential Information of the other party and all other Users against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard their own confidential information of a similar nature, being at least a reasonable degree of care.
21.2. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
21.3. The obligations set out in this Clause shall not apply to Confidential Information which the receiving party can demonstrate:
21.3.1. Is or has become publicly known other than through breach of this clause;
21.3.2. Was in possession of the receiving party prior to disclosure by the other party;
21.4. Was received by the receiving party from an independent third party who has full right of disclosure;
21.4.1. Was independently developed by the receiving party; or
21.4.2. Was required to be disclosed by governmental authority.
22. Warranty
22.1. We do not guarantee, represent or warrant that your use of our Products or Services will be uninterrupted, timely, secure or error-free.
22.2. We do not warrant that the results that may be obtained from the use of our Products or Services will be accurate or reliable.
22.3. You agree that from time to time we may remove Products or Services for indefinite periods of time or cancel any Product or Service at any time, without notice to you.
22.4. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
22.4.1. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
23. Liability
23.1. The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company, Websites Disclaimer Policy and Privacy & GDPR Policy.
23.2. All those involved in the Website, the Products or Services do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or service referred to on the Website.
23.3. The Company provides information sourced from a wide variety of Third Party individuals, companies and organisations. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
23.4. Nothing in these Terms shall operate to exclude or limit either party's liability for:
23.4.1. Fraud or,
23.4.2. Any other liability which cannot be excluded or limited under applicable law.
23.5. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
23.6. We do not hire or employ teachers or instructors nor are we responsible or liable for any interactions involved between teachers, instructors and Users.
23.6.1. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors, teachers or Users.
23.7. The Website does not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If a User chooses to participate in our Products and Services, they rely on any information provided by a teacher or instructor at your own risk.
23.7.1. By using our products and Services, Users may be exposed to content that they consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law.
23.7.1.1. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during or after using a Service or Product.
23.8. Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the User to the Company under these Terms, or such other amount as may be set out in the Specification.
24. Intellectual Property
24.1. You must acknowledge and agree that the Website and all Products and Services that may be used, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, any Documents, Product or Service or the Website, in whole or part.
24.2. You must acknowledge, understand and agree that all of the Companies, the Websites, documents, Products, Services, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or Service and service names are trademarks and as such, are and shall remain the property of the Company. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.
24.3. Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all Services it provides to the User. Use of this Services are permitted only where expressly authorised by the Company as set out herein these Terms.
24.4. The User shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the User provides infringes the Intellectual Property Rights of a third party.
24.5. The indemnities within this Clause are subject to the following conditions:
24.5.1. The indemnified party promptly notifies the indemnifier in writing of the claim;
24.5.2. The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
24.5.3. The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
24.5.4. The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
25. Errors, Inaccuracies and Omissions
25.1. Occasionally there may be information on our Website, Products or Services that contains typographical errors, inaccuracies or omissions that may relate to our Service and Product descriptions, pricing, promotions, offers, and booking availability.
25.1.1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Websites, Products or Services, or on any related website is inaccurate at any time, without prior notice, including after you have submitted your order.
25.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
25.2.1. No specified update or refresh date applied in our Products, Services or on any related website, should be taken to indicate that all information in our Products and/or Service or on any related website has been modified or updated.
26. Amendments
26.1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms posting updates and changes to our website.
26.1.1. It is your responsibility to check our website periodically for changes.
26.1.2. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
26.2. You should check these Terms from time to time to ensure that you are happy with any changes.
26.3. This policy is effective from June 2020.
26.4. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by us in writing.
26.5. The User acknowledges that no employee, sub-contractor or agent of the Company is authorised to make any representation, warranty or promise in relation to the goods or services sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by us.
27. Language
27.1. Any dispute arising from, or related to, any term of this Terms and Conditions arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.
28. Severability
28.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
29. Entire Agreement
29.1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
29.2. These and any policies or operating rules posted by us on the Website, or in respect to the Products and Service, constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of the Terms.
29.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
30. Governing Law
30.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with English law.

“Business”	means the continual marketing of all relevant goods and services
“Business Day”	any day (other than Saturday and Sunday) when the banks are generally considered open for business.
“Communication”	means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device
“Confidential Information”	all Information, including all specifications, designs and drawings provided by the Company.
“Deliverable”	a tangible or intangible object produced as a result of the project that is intended to be delivered to a User (either internal or external). A deliverable could be a video or an exercise relating to the Services and Products.
“Industry Standard Practice”	the Standard Business Practices within the specific Industry and within the United Kingdom.
“Products”	means all courses, classes, workshops, courses, quizzes or similar sold, advertised, distributed and/or delivered by the Company to the User.
“Order”, “Ordering”	means the process of purchasing a product of the Company
“User(s)”, “User(s)”, “You”, “Your”, “They”, “Their”	means any entity, including, but not limited to a business or natural person whom visits the Website or purchases products and service sold by the Company.

TERMS AND CONDITIONS