Overview
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Welcome to
simplEtraining. We maintain this web site as a
service to our customers. By using our site, you are
agreeing to comply with and be bound by the following
terms of use. Please review the following terms
carefully. If you agree with the terms, press the
"I accept" button at the end of this page to go to the
learning System, otherwise press the "No Thanks" to
return to our Home Page.
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1. Acceptance of
Agreement
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You agree
to the terms and conditions outlined in this Terms of
Use Agreement (“Agreement”) with respect to our website
(the “Site”). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site,
the content, products or services provided by or through
the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
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2. Copyright
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The
content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other
matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property)
rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site,
except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content,
document or other materials viewed through the Site.
The posting of information or materials on the Site does
not constitute a waiver of any right in such information
and materials.
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3. Trademarks
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simplEtraining is a trademark of simplEtraining Ltd.
Other product and company names mentioned on the Site
may be trademarks of their respective owners.
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4. Limited Right to
Use
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The
viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only
a limited, nonexclusive license for use solely by you
for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any
content, form or document may be reproduced in any form
or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal
use (but not for resale or redistribution).
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5. Editing, Deleting
and Modification
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simplEtraining Ltd. reserves the right in our sole discretion
to edit or delete any documents, information or other
content appearing on the Site.
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6. Indemnification
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You agree
to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss,
claim and expense, including reasonable attorney’s fees,
related to your violation of this Agreement or use of
the Site.
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7.
Non-transferable
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Your right
to use the Site is not transferable. Any password or
right given to you to obtain information or documents is
not transferable.
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8. Disclaimer and
Limits
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THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
All responsibility or liability for any damages caused
by viruses contained within the electronic file
containing the form or document is disclaimed. WE WILL
NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR
INFORMATION.
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9. Use of Information
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We reserve
the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you
and all information provided by you in any manner
consistent with our Privacy Policy.
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10. Third-Party
Services
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We allow
access to or advertise third-party merchant sites
(“Merchants”) from which you may purchase certain goods
or services. You understand that we do not operate or
control the products or services offered by Merchants.
Merchants are responsible for all aspects of order
processing, fulfilment, billing and customer service.
We are not a party to the transactions entered into
between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
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11. Third-Party
Merchant Policies
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All rules,
policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such
sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are
independent contractors and neither party has authority
to make any representations or commitments on behalf of
the other.
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12. Privacy Policy
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Our Privacy
Policy, as it may change from time to time, is a part of
this Agreement.
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13.
Payments
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You
represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit
information you supply is true and complete,
(ii) charges incurred by you will be honoured by your
credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any
applicable taxes.
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14. Securities Laws
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This Site
may include statements concerning our operations,
prospects, strategies, financial condition, future
economic performance and demand for our products or
services, as well as our intentions, plans and
objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and
estimates which are subject to significant
uncertainties, many of which are beyond our control.
When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to
identify forward-looking statements designed to fall
within securities law safe harbours for forward-looking
statements. The Site and the information contained
herein does not constitute an offer or a solicitation of
an offer for sale of any securities. None of the
information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
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15.
Links to other Web Sites
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The Site
contains links to other Web sites. We are not
responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your
own risk.
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16. Copyrights and
Copyright Agents
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We respect the intellectual property of
others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes
copyright infringement, please provide us with the
following information:
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An electronic or
physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A
description of the copyrighted work that you claim has
been infringed;
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A description of
where the material that you claim is infringing is
located on the Site;
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Your address,
telephone number, and email address;
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A statement by
you that you have a good faith belief that the
disputed use is not authorized by the copyright owner,
its agent, or the law; and
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A statement by
you, made under penalty of perjury, that the above
information in your Notice is accurate and that you
are the copyright owner or authorized to act on the
copyright owner’s behalf.
Mail to:
c/o Copyright
Issues
simplEtraining
10A Hart St
Henley upon Thames
Oxfordshire
RG9 2AU
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17. Refund Policy
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All
sales are final except individual, unused training
licenses not purchased in bulk, which do not meet your
training requirements. These can be returned
within 14 days of purchase. Accepting our "FREE
10-User License" try before you buy offer voids any
right to a refund.
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18. Information and
Press Releases
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The Site contains information and press
releases about us. While this information was believed
to be accurate as of the date prepared, we disclaim any
duty or obligation to update this information or any
press releases. Information about companies other than
ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
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19.
Miscellaneous
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This Agreement shall be treated as though
it were executed and performed in England and
shall be governed by and construed in accordance with
the English Law (without regard to
conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information,
products or services related thereto) must be instituted
within one (1) year after the cause of action arose or
be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for
or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be
brought solely in England. You expressly
submit to the exclusive jurisdiction of said courts and
consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed
consistent with applicable law and the remaining
portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce
such provision.
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