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Career Insights Terms of Use

These Terms of Use were last updated on May 25, 2018.

1. Introduction

Career Insights is a subsidiary of Digital Bananas Technology Limited (DBT), which represents the eWorkexperience (digital work experience) arm of DBT’s technology-based programs and is represented on the careerinsights.tv website. Career Insights provides training programs to its enrolled candidates with the opportunity to gain work experience with Digital Bananas Technology Limited. CAREER INSIGHTS CANNOT GUARANTEE ALL CANDIDATES WILL BE GRANTED THIS OPPORTUNITY.

THESE TERMS OF USE (“TERMS”) BIND YOU, THE COMPANY YOU REPRESENT, AND THE COMPANY THAT REGISTERED YOU (COLLECTIVELY “YOU”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF CAREER INSIGHTS’ (“OUR”, “WE”, “US”, OR “DIGITAL BANANAS TECHNOLOGY LIMITED”) SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS SUCH AS BASECAMP, TELEGRAM, ATLASSIAN SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR “EWORKEXPERIENCE PLATFORM” or “THE PLATFORM”). BY USING ANY OF THE CAREER INSIGHTS SERVICES OR CLICKING ON THE “SIGNUP” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, PLEASE DO NOT SIGN UP OR USE THE EWORKEXPERIENCE PLATFORM. CAREER INSIGHT’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY CAREER INSIGHTS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Pre-arbitration clause:
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH CAREER INSIGHTSTHROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 18.

All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in Career Insights’ Privacy Policy (“Privacy Policy”), and Instructor Terms & Conditions (“Instructor Terms”).

Any version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

2. Additional Agreements

Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms.

Additionally, if You are an Instructor (as defined below), You are also subject to the Instructor Terms, which are hereby incorporated by reference into these Terms. If You are an Instructor, and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.

3. General

Our Platform enables students and job seekers (“Candidates”) to connect with independent contractor instructors (the “Instructors”, collectively with Candidates, the “Users”) who provide live and recorded intensive training, tutoring, mentoring and learning services (the “Courses”) via Our Platform. The Platform includes, without limitation, facilitating and hosting intensive digital training courses and supporting materials, connecting candidates with work experience opportunities and taking feedback from Users.

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices, such as when we add new features, and Career Insights reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If We make any material change to these Terms, we will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice through Our Platform. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of Our Platform after changes become effective shall mean that You accept those changes. You should visit the Platform regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.

Career Insights may modify the Platform or discontinue its availability at any time.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Platform, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use Our Platform that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees, then You hereby represent and warrant that You are authorized to supply such information and hereby authorize Career Insights to charge Your credit card on a regular basis to pay the fees as they are due.

If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to our Platform pending resolution of any amounts due by You to Career Insights.

All Your use, access and other activities relating to the Platform must comply with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Platform from territories where their contents are illegal is prohibited. Those who choose to access or use the Platform from locations outside of the United Kingdom do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which You reside. If You use the Platform or Third-Party Platforms (as defined in the next section) from countries outside of the United Kingdom, you must agree to abide by all local rules regarding online conduct and acceptable content.

4. General Disclaimer

Career Insights is not a training centre or a college. We do not award certifications or accredit you to any standard. Unless otherwise expressly stated, the validity of our content is solely based on tried and tested expertise applied by our parent company (Digital Bananas Technology Ltd.) on their technology projects, which Career Insights teaches its Candidates through intensive training courses and practical work experience.

The Platform is only a training portal for Instructors and Candidates. We do not charge a fee for providing access to work experience opportunities with Digital Bananas Technology, or any of its subsidiaries. We do not directly employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and the Candidates outside of the communication tools on the Platform. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Candidates, including, but not limited to, any candidate’s reliance upon any information provided by an Instructor outside of the communication tools on our Platform.

The Platform may give You access to links to third party platforms (“Third Party Platforms”), either directly or through Courses or Instructors. Career Insights does not own any of these Third-Party Platforms and does not control them in any manner. Accordingly, Career Insights does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third-Party Platform is appropriate, and to protect Your personal information and privacy on such Third-Party Platforms.

5. Conduct

You may only access the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to all laws, rules, and regulations pertaining to Your use of the Platform. You agree not to use the Platform or the Company Content (as defined below) to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion. You assume all risks from any meetings or contact between You and any Instructors or other Users of the Platform.

6. Specific Obligations of Instructors

Please see Instructor Terms.

7. Specific Obligations of Candidates

As a Candidate, you represent, warrant and covenant that:

  1. You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a Course.
  2. You are over the age of 18, or, if not, you will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase Courses.
  3. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through any part of the Platform.
  4. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information on any part of the Platform.
  5. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Platform or Courses or Submitted Content except as permitted by these Terms.
  6. You will not frame or embed the Platform to circumvent the Platform.
  7. You will not impersonate another person or gain unauthorised access to another person’s Account.
  8. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Platform.
  9. You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
  10. You will not solicit personal information from any Instructor or other Student.

Candidates understand and agree that Instructors with whom Candidates may have made contact may choose to terminate their Accounts with Career Insights and become inactive. Career Insights does not guarantee Instructor availability to Candidates and shall not be held liable for any issues relating to Instructor availability.

8. Registration

To use the Platform, you will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account Username, and password (collectively, your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate always. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Platform. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or because of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorised access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time. In cases where You have authorized or registered another individual, including a minor, to use Your Account, you are fully responsible for (i) the online conduct of such candidate; (ii) controlling that candidate’s access to and use of the Platform; and (iii) the consequences of any misuse.

9. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Career Insights provides Content to You in connection with the Platform, including, without limitation, the software, the courses and the site, it is “Company Content”. Content uploaded, transmitted or posted to the Platform by a User is “Submitted Content”. Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third-party providers and suppliers) and is protected, without limitation, pursuant to U.K. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Career Insights with respect to Your Submitted Content and that Career Insights shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.

Career Insights hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non- commercial, educational purposes through the Platform, in accordance with these Terms and any conditions or restrictions associated with specific Courses or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Platform and any such direct license shall be null and void and a violation of these Terms.

Notwithstanding the foregoing, we reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above, as further detailed in section 15 below.

CAREER INSIGHTS RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, CAREER INSIGHTS DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND CAREER INSIGHTS SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE PLATFORM OR THROUGH THE PLATFORM IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Career Insights via email to support@careerinsights.tv.

All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Platform or Third-Party Platforms, or to Us through e-mail, that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting User Ideas to Us, including any concepts, know-how or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty- free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Career Insights’(and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.

10. Pricing, Payment & Taxes

1. Pricing.

Subscription Fee. As a Candidate you agree to pay the appropriate fee corresponding to the course or service that you wish to access for the applicable Subscription Term (Subscription Fee). Career Insights reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable. For avoidance of any doubt, refunds to You shall be applicable only in accordance with our refund policy described in this section 10.

No Fee Trial. All users have the access and right to create a free, no-fee trial account (“No Fee Trial”) with Career Insights which will be active for a period of thirty days (30 days) from the account creation date. Within this account candidates can access free company content which includes free tutorials and previews into the courses offered on the platform. The free content provided, along with free live sessions, induction sessions and no-obligation training, provides a complete overview of what a candidate can reasonably expect to get from the platform after making a payment commitment.

If Candidate cancels a No Fee Trial before it expires, the candidate will not be liable to pay any fees. If Candidate does not cancel before expiration of the No Fee Trial, Candidate will also not be liable to pay any fees.

Gift Subscription. If Candidate receives a Gift Subscription, Candidate shall not be required to provide the Candidate ’s billing information.

2. Payment.

All payments are made to Digital Bananas Technology Limited, as the parent company of Career Insights.

Given the above, by purchasing Courses (e.g. clicking or tapping the relevant purchase button), You are confirming that You want the Course immediately credited to Your Account and that by doing so You are hereby waiving all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.

Recurring charges are billed in advance of service. Candidate agrees to provide Career Insights with valid, up-to-date and complete payment card or account, contact and billing details. Candidate further authorises Career Insights to bill such payment card or account on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Candidate ’s credit/debit card company refuses to pay the amount billed for the Services, Candidate agrees that Career Insights may, at its option, suspend or terminate Candidate ’s subscription to the Platform and require Candidate to pay the overdue amount by other means acceptable to Career Insights. Career Insights may charge a fee for reinstatement of suspended or terminated accounts. Candidate agrees that until subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Candidate agrees to reimburse the Career Insights for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in British pound sterling.

 

3. Taxes.

If the sale or delivery of a Course or any Submitted Content to any Student in the European Union is subject to any value added tax (“VAT”), under applicable law, Career Insights will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Candidates in the European Union. Career Insights may at its own discretion increase the Sale Price where Career Insights is of the view that VAT may be due, and Career Insights will have a liability to account for such. You will indemnify and hold Career Insights harmless against all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.

Candidate is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against Career Insights.

4. Rounding Off.

Career Insights may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest pound sterling, euro or other supported currency); for example, Career Insights may round up an amount of £101.50 to £102.00, and £101.49 to £101.00.

Some currencies are denominated in large numbers. In those cases, Career Insights may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Career Insights to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

5. Foreign Currency.

When browsing without logging in to Your Account, the Services will default the Sale Currency to the currency used in Your current geographic location. When you are logged in to Your Account, the Sale Currency will be based on Your geographic location as set upon Account signup. You cannot change Your displayed currency.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US£125.00 to buy €100.00, the currency conversion rate of Pound sterling to Euros would be 1.25, and the currency conversion rate from Euros to Pound sterling dollars would be 0.8. Currency conversion rates will vary from time to time.

6. Refunds.

If you are a candidate who is a resident of a European Union member country, then in addition to any other rights under these Terms of Service, you may cancel your Subscription to any course on the Platform within the fourteen (14) day period from the Effective Date by submitting a cancellation request through customer service (email support@careerinsights.tv). If you do so, and with respect to any paying Subscription, Career Insights may, but is not obligated to, charge you a proportionate amount of the Subscription Fee for the part of the Subscription that you have used.

Please note that if We believe that You are abusing Our refund policy in Our sole discretion, we reserve the right to suspend or terminate Your Account and refuse or restrict all current or future use of the Services, without any liability to You.

11. Trademarks

The trademarks, service marks, and logos (the “Trademarks”) used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.K. and foreign trademark laws. All rights are reserved, and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

12. Warranty Disclaimer

THE PLATFORM, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAREER INSIGHTS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CAREER INSIGHTS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED INSTANTLY, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD-PARTY PLATFORM ARE FREE OF ERRORS. NO OPINION, ADVICE OR STATEMENT OF CAREER INSIGHTS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE PLATFORM, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.

13. Limitation of Liability

NEITHER CAREER INSIGHTS NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CAREER INSIGHTSFOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CAREER INSIGHTSIN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CAREER INSIGHTSOR A REPRESENTATIVE OF CAREER INSIGHTSCONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Inaccuracies. A possibility exists that the Services provided on any Third-Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third-Party Platform. Although Career Insights attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services’ completeness or correctness. In the event that a situation arises in which the Services’ completeness or correctness is in question, please submit a request to support@careerinsights.tv(with the subject line “Inaccuracies in Services on Third Party Platform Name”) with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable.

System Outages. Career Insights periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Career Insights has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.

14. Indemnification

You hereby indemnify, defend and hold harmless Career Insights, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You under this Section 14, and in such case, you agree to fully cooperate as reasonably required with such defence and in asserting any available defences.

Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.

15. Termination

Career Insights reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:

  1. 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;
  2. 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.

16. Electronic Notices

By using Our Services or communicating with Career Insights, you agree that Career Insights may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Career Insights learns of a security system’s breach, Career Insights may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to Career Insights at support@careerinsights.tv. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Career Insights may give You legal notice by mail to a postal address, if provided by You through Your use of the Platform. In such case, notice will be deemed given three days after the date of mailing.

17. Miscellaneous

Entire Agreement. These Terms and any policies applicable to You posted on Our Platform constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Career Insights to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.

No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Career Insights nor any other party to these Terms shall have or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the United Kingdom and shall be considered to have been made and accepted in the United Kingdom

18. Agreement to Arbitrate and Class Action Waiver

THIS SECTION ONLY APPLIES TO USERS IN THE UK.

Before bringing a formal legal case, please first try contacting our support team at support@careerinsights.tv. Most disputes can be resolved that way.

We Both Agree to Arbitrate. If we can’t resolve our dispute amicably, You and Career Insights agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Platform from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.

Either of Us can bring a claim in small claims court either in London, or the county where You live, or some other place we both agree on, if it qualifies to be brought in that court.

In addition, if You or Career Insights brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Career Insights may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor Career Insights can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.

The Arbitration Process. Any disputes between You and Career Insights relating to the Services that involve a claim of less than £5,000 must be resolved exclusively through binding non-appearance- based arbitration. In addition, You and Career Insights agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and Career Insights relating to the Services that involve a claim of less than £5,000 must be resolved in accordance with the Arbitration Act 1996 rules about whether the arbitration hearing must be in-person.

Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in London, United Kingdom.

You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

 

Digital Bananas Technology Limited

Registered office: 16 Beaufort Court, Admirals Way, London E14 9XL.

Registered number: 6739544