1. Terms. By accessing this website, you are agreeing to be bound by these web site Terms & Conditions of Use, all applicable UK laws, & regulations, & agree that you are responsible for compliance with any applicable local laws. These terms apply to the whole of the EQsIQ® website owned by IQ Systems UK LTD, 16 High Holborn, London WC1V 6BX Registered in England & Wales: 5560427, contactable on +44(0)208 5607432 regarding products services or similar originating from the same, hereinafter called “EQsIQ” or referring to the collective noun “We”. Any inquiries relating to this website’s management & or ownership can be sent directly to iqsystemsuk. gmail .com (your editing required). If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials available on this website from EQsIQ specifically are original works & are therefore protected by applicable copyright & trademark law. EQsIQ reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. EQsIQ may modify the Products, pricing or discontinue their availability at any time.
2. Use License & Permissions. Students & any allowed Instructors not directly holding any shares in IQ Systems UK LTD are, collectively, “Users.” The Products enable Users to connect, interact as well as learn from others & learn with others utilizing live & recorded instruction, tutoring & learning services in various formats provided. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content in any area of the website including private messaging & infringement of this policy may lead to an immediate & complete block from further participation at any & all areas of the site along with complete forfeiture of any monies paid or due to be reimbursed. The Products include, without limitation, facilitating & hosting Courses & supporting materials, & taking feedback from Users. Permission is granted to temporarily download one copy of the materials (information or software) available on EQsIQ’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, & under this license you may not:
i. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
ii. Attempt to copy, distribute, modify decompile or reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of software contained on EQsIQ’s website or its products or services in any format the same is provided in on or with.
iii. Remove any copyright or other proprietary notations from the materials; or
iv. Transfer the materials to another person or ‘mirror’ the materials frame or embed the Site or Products on any other server or device, not of the original receiving device. Where any such breach is concerned you agree to wholly indemnify EQsIQ for any & all reasonable losses if such breach is determined as wilful or negligent of these terms by you in your duty of care for the copyrighted materials provided.
v. Distribute any materials to any third party without signed written consent from the EQsIQ website owner.
vi. This license shall automatically terminate if you violate any of these restrictions & may be terminated by EQsIQ at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
vii. Not provide incorrect or knowingly false information.
viii. Impersonate another person or gain unauthorized access to another person’s Account
ix. 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 Products or operation of the Site.
x. Scrape, spider, use a robot or other automated means of any kind to access the Products.
3. Disclaimer. The materials on EQsIQ’s website are provided ‘as is’. The Company makes no warranties, expressed or implied, & hereby disclaims & negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, EQsIQ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise or on any sites linked to this site. You are solely responsible for all service, telephony, data charges and/or other fees & costs associated with Your access to & use of the Products, as Well as for obtaining & maintaining all telephone, computer hardware, & other equipment required for such access & use. We are not responsible or liable for any interactions involved between the Users. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Users, including, but not limited to, any Users reliance upon any information made available. We do not make any claim to control User Submitted Content (such as lessons courses commentary or materials) posted by the same on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using, the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You & no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.
4. Limitations. In no event shall EQsIQ or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use or access the materials on EQsIQ’s Internet site, even if EQsIQ or a Company authorized representative has been notified orally or in writing of the possibility of such damage.
5. Revisions & Errata The materials appearing on EQsIQ’s web site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its web site are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. EQsIQ does not, however, make any commitment to update the materials. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products & Content.
6. Links. EQsIQ has not reviewed all of the sites linked to its Internet web site & is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EQsIQ of the site. Use of any such linked website is at the user’s own risk.
8. Pricing. You agree to pay the fees for Courses that You take, & hereby authorize Us to charge Your credit card for these amounts. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, & pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater. If you submit materials in the performance of your role as an Instructor, you agree to pay all applicable fees upfront (if any), & accept that although you may set any base price for sale of your materials, EQsIQ at its sole discretion may modify that price & revenue share at any time & if you choose not to agree with that pricing for that product or service, your product(s) may be removed from offer on the site with immediate effect. EQsIQ operates the VAT MOSS scheme for remittances of VAT on its Digital sales within the European Union (EU) & all final prices quoted at point of payment shall be inclusive of this element where applicable, however this may not necessarily be reflected on the sales pages or area prior to final payment of the so selected products or services. As VAT rules change so the pricing of products dependent upon the location of the Payer may change & EQsIQ reserve the right to reflect such changes in its prices to reflect these VAT rates at any time & without prior notice.
9. Payment. If You elect to access or use Products that involve payment of a fee, then You agree to pay in full, & will be responsible for payment of that fee & all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent & warrant that You are authorized to supply such information & hereby authorize the EQsIQ to charge Your credit card either singularly or 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 & legal counsel. We may also restrict Your access to any Products pending resolution of any amounts due by You to EQsIQ.
10. Delivery. Where digital products are purchased, you will obtain access to the materials as soon as any gateway used, payment provider, payment network or bank issues an electronic acceptance to us, that the payment either passes preliminary security & is therefore, subject to processing & transfer by them or is signalled as being queued for payment to us after preliminary checks in the normal course of its transfer-of-payment operations. However, this is not the same as receiving the payment & as such access may be rescinded should we receive notification from the payment processor or their representatives at any point that in fact, the payment will not be honoured or fails any security or integrity check such that receipt of the payment to us may be hindered or cancelled in any way. If Physical goods are to be purchased, payment in full is required including any delivery charge levied to effect the transfer of goods to the Users designated / payment connected address which may take up to 30days to be delivered from payment.
11. Specific Obligations of Users as Instructors. If You are instructing Users in connection with a Course or materials submitted in any part of the site You are an “Instructor” & the following additional terms & conditions apply, & You represent, warrant & covenant that:
i. You are subject to the EQsIQ’s approval, which We may grant or deny in Our sole discretion;
ii. You need to have completed an Instructor enrolment form & if a fee will be charged for access to those materials You will also agree to any Pricing terms costs & or revenue share given to you in advance & subject to revision at any time thereafter by notice at the sole discretion of EQsIQ;
iii. You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, & permissions, & have the authority to authorize EQsIQ, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market & otherwise use & exploit any of Your Submitted Content on & through the Products in the manner contemplated by these this Instructor Agreement, & that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
iv. You have the required qualifications, credentials & expertise, including without limitation, education, training, knowledge, & skill sets, to teach & offer the services You offer on & through the Site & the Products;
v. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content;
vi. 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 the Products or to any User;
vii. You will not use the Products for any business other than for providing tutoring, teaching, & instructional services to Students;
viii. You will not engage in any activity that will require Company to obtain any licenses from or pay any royalties to any third party, including, by way of example & not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
ix. You will not copy, modify or distribute Company Content except as permitted in this Instructor Agreement;
x. You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
xi. You will maintain Your enrolment & account information, & all such enrolment & account information shall be accurate;
xii. You shall respond promptly to Users seeking Your services & ensure a quality of service commensurate with the standards of Your industry & instruction services in general;
xiii. You are over the age of 18 or, if not, you are between the ages of 13 & 17 & a third party parent or legal guardian has agreed to these Terms & the Instructor Terms & will assume responsibility & liability for Your performance & compliance hereunder.
12. Specific Obligations of Users as Students using the Site. If You are a User in search of or participating in a Course, You are a Student & the following additional terms & conditions apply, & You represent, warrant & covenant that:
i. You have read, understood, & agree to be bound by the pricing information before using the Site or registering for a Course;
ii. You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, & approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses;
iii. 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 the Site or the Products;
iv. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
v. You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use & exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
vi. You will not disclose any personal information to an Instructor, & otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
vii. You will not solicit personal information from any Instructor or other User.
13. Registration. To use certain Products, You will need to register & obtain an account, username & password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, & network management. You are solely responsible for maintaining the confidentiality of your account, username, & password (collectively, Your “Account”) & for all activities associated with or occurring under Your Account. You represent & warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account & any other breach of security, & (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot & will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account. You may not transfer Your Account to any other person & You may not use anyone else’s Account at any time without the permission of the account holder. 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 User; (ii) controlling the User’s access to & use of the Products; & (iii) the consequences of any misuse.
14. Currency. The base currency of all transactions will be in Pounds Sterling. Where localised pricing is shown or effected at any stage of the pricing offer process, any payments to EQsIQ may be subject to additional conversions to the base currency outside the control of EQsIQ & in accordance with the rules regulations & terms to the payment method, gateway & / or service used by the user to make good any payment to EQsIQ. The User accepts that these additional payments are their responsibility & not in any way associated with any offer of product or service from EQsIQ.
15. Refunds Where payment is made for any User-submitted content i.e. Instructor content, all payments shall be subject to a thirty day (30) days no-questions-asked money back guarantee. If you, as a Student, are unhappy with an instructor (User) submitted course & / or its materials & request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us using the live chat function or the special private forum area so we may liaise with you regarding this issue. 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 & refuse or restrict any & all current or future use of the sites Products, without any liability to you.
16. User Points. EQsIQ operates a User points system, where points are attributed to users in accordance with site actions & engagement behaviours such as course & test /quiz completions, role upgrades, & feedback or forum discussion activities. The accrual of points can then be used to offset purchases in some instances. The monetary value or equivalence of these accrued points may fluctuate & no commitment for the redemption of these points for value in any way is made or implied without the express presence of such an offer & process to allow such exchange to take place technologically. Points are not in any way to be assumed as having monetary value unless an explicit offer for the same is made relating to a specific product & if so only until the offer remains visible or for the stated duration of that offer, whichever is shorter. Such offers have no timetable & appear or are rescinded at the sole discretion of EQsIQ.
17. Indemnification. You hereby indemnify, defend & hold harmless the Company, & its affiliates, officers, directors, agents, partners, employees, licensors, representatives & third party providers from & against all reasonably foreseeable losses, expenses, damages, costs, claims & demands, including reasonable attorneys’ fees & related costs & 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 & control of any matter otherwise subject to indemnification by You under this Section 13, & in such case, You agree to fully cooperate as reasonably required with such defence & in asserting any available defences.
18. Electronic Notices. By using the Products or communicating with Company, You agree that Company may communicate with You electronically regarding security, privacy, & administrative issues relating to Your use of the Products or these Terms. If Company learns of a security system’s breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You.
19. Entire Agreement. These Terms & any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof & supersede all previous written or oral agreements between the parties with respect to such subject matter.
20. 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 & shall not affect the validity & enforceability of any remaining provisions of these Terms.
21. 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 Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
22. Notice. Any notice or other communication to be given hereunder will be in writing & given by facsimile, registered post or tracked mail or SMS text, electronic mail or system notice via the EQsIQ websites User notification system under direct or private coverage, Facebook, Google+ Twitter account or Linked-in Social networks messaging are applicable, where link exists between the user & any social media linked EQsIQ profile or EQsIQ site login credentials & the Users account that the user may have used to gain log-in access to the EQsIQ site.
23. 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 the Company nor any other party to this Agreement 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.
24. Governing Law. Any claim relating to EQsIQ’s website shall be governed by the English law without regard to any legal conflict outside of this jurisdiction which under certain legal frameworks may default to European (EU) Legal directives.
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