Access and Use
Access to and use of our website, products and courses at EdVantage (including any on-line courses, training material, education products, webinars and tutorials) within New Zealand, Australia, India, Asia, UK and Europe, Middle East, Africa, and internationally provided by EdVantage or its partner educators (‘we’, ‘us’ or ‘our’) is on the following Terms and Conditions.
Your use/access/browsing of the Website or the Services or products or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through our Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier.
Acceptance of this Agreement
By clicking on the ‘SIGNUP’ option, the user (“You” or “Your”) agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the “Agreement”) and shall immediately be deemed to be in effect. If you do not agree to be bound by all of the following Terms and Conditions please do not view, access, use and/or contribute in any manner any content, information, courseware, products and services (“Services”) published, available or provided on http://speaksmart.edvantageinternational.com which is owned, maintained and monitored by EdVantage International Consulting Limited (“Us”, “We”, “Our” or “Company”).
Use of the Service
- You agree to use the website, products, courses or service provided only for lawful purposes. You may not use the website, products, courses or service provided or any part of it for commercial purposes.
- You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and benefit of anyone who is part of or associated with EdVantage. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue or services provided within the Service.
- We operate on an ‘Ethical and Fair Use Policy’ to protect the quality of service to our users. If we believe your use of the Service is adversely affecting our operations, network, reputation, efficiency or productivity (or any part of it) or our other users we reserve the right to manage or regulate your access and/or usage of the Service. This may include temporarily or permanently suspending your user account.
- EdVantage reserves the right to modify or make changes to the Terms and Conditions from time to time or as many times as required. You are therefore required to check these Terms and Conditions regularly for the latest updates, if any. Your continued use of the website, products or any of its services will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease accessing or using the website and its services.
- If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service (including online e-learning community rules) then EdVantage will endeavour to resolve this to the best of its ability
- Age Policy: To register on this website you must be over Eighteen (18) years of age, or any such age that is considered to be the legal age in your jurisdiction, unless you have the explicit permission of your parent or guardian.
- It is your responsibility to ensure that the details provided by you on registration or at any time are correct and complete.
- It is your responsibility to inform us immediately of any changes to the information that you have already provided when registering with us, by updating your personal details in order that we can communicate with you effectively.
- All user accounts must be registered with a valid personal email address that you access regularly so that important updates and information can be sent to you in emails.
- Please note that accounts registered with someone else’s email address, or with a temporary email addresses may be closed without notice. We may also require users to re-validate their account if we believe they have been using an invalid email address.
- EdVantage reserves the right to close any accounts if the user of the account is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
User ID and Password
- By accessing and using our website, and setting up an User account you are hereby entering into this Agreement and you acknowledge and agree that Your user ID and password (“User Account”) is for your exclusive use only.
- Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement.
- You agree that you are solely responsible for maintaining the confidentiality of your User Account and for all activities that occur under it.
- If EdVantage has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account in order to protect the information on the website and other user accounts.
- You agree to notify the EdVantage team immediately if you become aware of or have reason to believe that there is any unauthorized use of your User Account.
- You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with us in any investigation of such unauthorized users or usage.
- We shall not under any circumstances be held liable for any claims related to the use or misuse of your User Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of your User Account.
Content and Courseware
- You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the ‘restricted purpose’ of completing your certification.
- As a part of the offerings and services offered through our website, we shall grant you access to our content, courseware, practice tests, assessments, resources, products and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification or training course that you have registered for.
- We reserve the right to modify, amend, revise or update the content and courseware offered to You either by EdVantage or its partner Educators
- In the event such an amendment, revision or updation occurs, we may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
- You understand that payment made towards the purchase of a course, product or service is not limited only to the content and courseware, and this is not refundable if the user fails to utilise the purchased content a courseware or complete their course.
- The content or courseware will be accessible and usable only till the duration of the course unless specified as downloadable or open for continued use by EdVantage or the content and courseware provider.
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the website and its service shall remain vested with EdVantage.
- You must not copy, reproduce, republish, disassemble, decompile, download, post, broadcast, transmit, reverse engineer , disseminate or make available to the public, sub-licence, or otherwise use content and courseware available on our website, in any way except for your own personal, non-commercial use.
- You also agree not to adapt, alter or create a derivative work from any EdVantage content or courseware or that of its partner Educators except for your own personal, non-commercial use. Any other use of content or courseware on our website requires the prior written permission of EdVantage International Consulting Limited.
- The names, images and logos, new articles, adverts, content identifying EdVantage or third parties such as their partner Educators and their products and services are subject to and protected under copyright, design rights and trademarks of EdVantage and/or of the third parties.
- You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware
- Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of EdVantage or its partner Educator/s or any other third party
THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. EDVANTAGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, EDVANTAGE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
Availability of the Service
- Although we aim to offer you the best service possible, we make no promise that the website itself, the offerings or services available at EdVantage will meet your requirements. We cannot guarantee that the Service will be fault-free. In the event a fault occurs with the Service you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services as required. We will endeavour to restore the Service as soon as we reasonably can but make no false claims or promises on specific timelines or outcomes
Right to suspend or cancel your registration
- We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
- You can cancel your registration at any time by informing us in writing at firstname.lastname@example.org. If you do so, you must stop using the Service.
- The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
Prices and payment
- When you ‘Enrol Now’ or ‘Pay Now’, you have placed an order which is an offer to purchase an online course and related Services from us. The online course Service will be made available to you once your payment has been authorized and the course session has started.
- You understand and agree that there will be no contract of any kind between you and EdVantage or EdVantage as a company or its partner educators, unless and until you make authorized payment for the online course or a related Service.
- At any point up until payment of a online course or related service is completed, we reserve the right to decline to supply the online course or Service to you without giving any reason.
- The fee for the Online course Service is calculated and payable in advance of the course start date as set out on the website http://speaksmart.edvantageinternational.com . The Company shall be under no obligation to provide the online course Service until the course fee as specified has been paid in full.
- All prices are expressed in USD or applicable currencies for Courses offered by the respective Education providers inclusive of any AVT or GST payable as applicable, unless otherwise stated.
- Your credit/ debit card details are not handled by EdVantage. All payment and all credit card handling is through the third party, PayPal Inc. or Razor Pay as selected and opted for by you. We do not store any credit card details. Authority for payment must be given at the time of placing your order.
- You will receive a confirmation email within forty eight (48) hours of purchase (during the working week) of a course, product or related service, acknowledging payment and successful enrolment in the course.
- The course provider whether EdVantage or its partner Educator will be notified by email of an online URL where and how to access the course and where the course materials will be located.
- Users or participants who have purchased a course, product or service will be required to create a username and password for logging into the site and accessing their account on EdVantage to keep track of their purchase and to access the course content
- New course content will be delivered as per the topic outlined and as per the schedule specified by the concerned educator. Users will have access to previous week’s course material until the end of the course.
- It is not possible to pause your course or take a holiday midway through your course unless this is marked and sold as a Self-paced learning course or you have received due permission form the concerned Educator.
Cancellation and refunds
- Cancellation and refunds are not possible once you have enrolled and paid for an online course or service unless agreed otherwise by the concerned Educator.
- EdVantage does not have any part nor can be held responsible for refunds for a course offered by a partner Educator. It is your responsibility to negotiate this with the concerned educator or abide by their terms and conditions of purchase of a course.
- Cancellation and refunds if available for users or subscribers to the online course or Services will be entertained only within fourteen (14) days of enrolling into the course if they have not yet started the course.
- If you need to request a refund for whatever reason please contact email@example.com.
- Refunds cannot be made for downloadable digital items.
- It is not possible to cancel or postpone any course, apart from the circumstances if the reasons are justified, and so mutually agreed to by the user and concerned Educator.
- Your access to the online course Service may be terminated by written notice if you are in material breach of these terms and the breach is not remedied within the period of fourteen (14) days after written notice of the breach has been given to you. If we reasonably believe your breach of these terms affects our lawful operation of the online course Service or third parties such as our Partner Educator, service providers, we reserve the right to suspend your access to the online course Service at any time.
Using our Online courses or Services
- Please read the description for the online course or Service provided carefully before placing your order or enrolling, as refunds cannot be given
- EdVantage warrants that it reserves the right to provide the online course or Service and will use all reasonable skill, resources and care in making the online course or Service available to you and in ensuring its availability.
- Owing to the nature of the internet, errors and omissions, interruptions in the usage do occur and EdVantage does not give any other warranties in respect of the ongoing continuity of the Online course or Service in such instances
- We are continually seeking to improve the online course Services. EdVantage reserves the right, at its discretion, to make changes to any part of any online course Service provided that it does not materially reduce its content or functionality.
- In the event that EdVantage or its partner Educator withdraws or is permanently unable to deliver a particular online course or Service, the responsibility to negotiate with the concerned Educator, a partial refund or refund covering the portion of the course that remains undelivered .
Posting of content
- Some Online courses or Assessments provided by certain Educators allow you to post content to the EdVantage website including asking questions about the course, seeking clarification, posting completed assignments, and taking part in discussion boards or providing feedback.
- All content which you provide or upload to our website shall be subject to the relevant provisions of our General Terms & Conditions, EdVantage reserves the right to remove or delete any content that is derogatory, harmful to the reputation of the website or its partner Educators, or is inappropriate
Disclaimers and limitation of liability
- You expressly agree that use of the Website, the products, Services, and the Content and Courseware are at your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware.
- In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
- all content provided on or through the service, including the information, names, images, pictures, logos and icons regarding or relating to EdVantage, its products and services (or to third party products and services such as its or its partner Educators), is provided “as is” and on an “as available” basis. to the extent permitted by law, EdVantage excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- EdVantage does not in any way guarantee the timeliness, completeness or performance of any aspect of the offerings or service or any of its content and courseware. While we try to ensure that all content provided by EdVantage or its partner Educators is correct at the time of publication and no responsibility is accepted by or on behalf of EdVantage for any errors, omissions or inaccurate content or the service.
- The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action
- You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
- You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular certification training course.
- You agree to indemnify and hold us, our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys’ fees, arising out of your unauthorized use of the Website, the products, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
- Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege.
- No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
- In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of New Zealand, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
India - Information Technology Act
Certain laws in India prohibit and impose restriction on use of the Website and You are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious, slanderous, pornographic, defamatory, inappropriate or that makes attacks on or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions).
You also agree to not post any information to which You do not have copyright and/or other appropriate permissions to post in public forum.
Your failure to comply with these terms may result in removal of Your postings without prior notice as a User. The IP address of all posts is recorded to aid in enforcing these conditions.
Other Countries Laws
Certain countries laws require companies to maintain data with respect to goods and services and other personal information in a prescribed format and EdVantage will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
EdVantage shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, pandemic including COVID19, plague, accident, act of god, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government.
Applicable law and jurisdiction
- These Terms and Conditions will be subject to the laws of New Zealand and the appropriate court in Auckland, New Zealand shall have the exclusive jurisdiction to try and entertain any disputes, claim or controversy arising out of this Terms and Conditions.
- We will try to solve any disagreements quickly and efficiently.
- If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the jurisdiction of Auckland, New Zealand.
- If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
- You may not transfer any of your rights under these Terms and Conditions to any other person or third party. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
- If you breach these Terms and Conditions and EdVantage chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
- EdVantage shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
- The Service is owned and operated by EdVantage International Consulting Limited a company registered in New Zealand and whose registered office address is at 29 Kohekohe Street, New Lynn, Auckland 0600, New Zealand.
- If you have any queries, please contact firstname.lastname@example.org