Terms and conditions
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Acceptance of this Agreement
By clicking on the 'Contact Us' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, Your access will be revoked and You will not be allowed to proceed further to view or use in any manner any content, information, products and services ("Services") available or provided through and/or on https://www.cloudonetech.co.uk (the "Website"), which is owned, maintained and monitored by Cloud One Limited ("Us", "We" or "Our").
2. User ID and Password
By entering into this Agreement, 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 Participant Account and for all activities that occur under it. You agree to immediately notify our Help and Support Team if You become aware of or have reason to believe that there is any unauthorized use of Your Participant 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 uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant 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 Participant Account.
3. Content and Training Material
As a part of our Services offered through our Website, We shall grant you access to our content, course overview, training materials, 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 training course You have registered for ("Content and Training Material").
We reserve the right to revise, amend or update the Content and Training Materials offered to You. In the event such revision, amendment or update occurs, We may require you pay an additional fee to access such updated Content and Training Material.
4. Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Training Material provided through the Website till the time the completion of the 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. The Services and the Content and Training Materials are provided solely for Your personal and non-commercial use to assist you in completing the training course You have registered for ("Restricted Purpose").
You are permitted online access to the Website, the Services, and the Content and Training Material and may download, save, or print the Content and Training Materials solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Training Materials, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
5. Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Training Material for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Training Materials and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Training Materials.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Training Materials 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 Training Material.
6. Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
7. Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and Training Materials are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Training Material 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 Training Materials or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Training Material. In no event will We or any person or entity involved in creating or distributing the Website, the Services, or the Content and Training Materials 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 Training Materials.
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.
8. Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the "I ACCEPT" button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up User Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Content and Training Materials with immediate effect by sending a written notice in the form or an email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement ("Event of Default"). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
9. Indemnity
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 Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
10. Waiver
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.
11. Termination
Cloud One reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:
1. Any breach or violation of Our stated Terms and Conditions as posted and updated on our website, and services, Cloud One has the discretion to act immediately without prior notice or requiring Your consent to do so. In an event where we decide to in accordance to this section, we shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, you understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased
2. If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, Career Insights may act immediately without prior notice to You. If We act pursuant to this section, we shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, you understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased;
3. We may also act for any reason or no reason, in which case We will provide prior notice to You. If We take action pursuant to this section, (a) if You are a Candidate We will refund You for any access lost to Course(s) that You may have purchased during the one (1) months period prior to such termination, all in accordance with and subject to the terms of Our refund policy set forth herein; and (b) If You are an Instructor, any such termination will also terminate Your right to offer Your Service(s) through Our Platform, and Career Insights will pay all outstanding amounts owing to You up to termination date. Please note that Candidates who purchased your Services will retain access to them so long as Career Insights deems necessary.
You may terminate Your use of the Services at any time, either by ceasing to access them, or by deleting Your Account, by following the steps set forth in Our Privacy Policy and subject to the terms therein. We have no obligation to retain any of Your Account or Submitted Content for any period beyond what may be required by applicable law. Upon termination, you must cease all use of the Services and Content. Any accrued rights to payment and Sections 4, 5, 11-16 and all representations and warranties shall survive termination.