Educamia TERMS AND CONDITIONS
If you agree to the following terms and conditions (“Terms”), you will be entering into a legally binding agreement with Elefanto Ltd, a company incorporated in England and Wales with registered number 08810105 and with its registered office address Level 3 – 207 Regent Street, London, United Kingdom, W1B 3HH. www.ieltsexams.org (Educamia) is a content management tool owned and operated by Elefanto Ltd.
- ACCEPTANCE OF TERMS FOR EDUCAMIA
These Terms govern the use by you as a learning provider (the “Provider” or “you”) of WWW.EDUCAMIA.ORG (“Educamia”) to input courses information and learning opportunities (“Classes”) with intention to advertise on Educamia or other affiliated websites (domains, sub’ domains and web pages including but not limited to)(the “Sites”).
If you do not agree to these Terms, or other operating rules or procedures, you may not use or access Educamia.
1.2 Changes to Terms
Elefanto reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify you at your registered email address when there are changes. Your continued use of Educamia following the posting of any changes to these Terms constitutes acceptance of such changes. If you do not agree to such change, your sole remedy is to immediately cease accessing and using Educamia.
2.1 Educamia allows you:
- to enter courses and learning opportunities
- sign to use the paid promotions service, offered subject to your acceptance of paid promotions Terms and Conditions; and
- To upload images and text and create institution profile.
- CONTENT, INFORMATION AND COMMUNICATION ON THE SITES
3.1 Your Obligations:
- By using Educamia you:
- agree to provide true, accurate, current and complete information about yourself and your services;
- have the authority to list courses on behalf of the learning provider
- Agree to maintain and update information that you upload to the Sites to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Educamia has reasonable grounds to suspect that such information is such, Educamia has the right to suspend or terminate all of your accounts and refuse your current or future use of Educamia;
- Agree, if providing courses in UK, comply with Educamia UK Data Quality Policy and Minimum Standards.
3.2 Sites Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), provided via Educamia is protected by copyrights, trademarks or other intellectual property and other proprietary rights and laws. You shall use the Sites Content only for purposes that are permitted by these Terms and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
3.3 Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Sites (“Your Content”), you hereby grant to Educamia a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media for any purpose whatsoever, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the aforementioned license, and that all Your Content
- does not infringe the rights of any third party and
- Complies with all applicable UK laws and regulations.
In addition, classes must be accurately and truthfully described when you submit class information to the Sites.
If Educamia determines, in its sole discretion, that the Provider misrepresented a class or otherwise does not comply with these Terms, Educamia has the right to remove the relevant class (and all other classes listed on the Site). Educamia reserves the right to remove any of Your Content from the Site at any time for any reason.
3.4 Content Restrictions
You understand that you are liable for all Content, in whatever form, that you provide via Educamia. You agree not to use Educamia to upload, post, email or otherwise make available any Content that:
- is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another’s privacy, or infringes upon another person or entity’s intellectual property rights;
- Involves impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
- you do not have a right to make available; or
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
3.5 Educamia Remedial Rights
You acknowledge that Educamia does not check or verify any Content provided or made available by you or any third party via Educamia, but that Educamia shall have the right to monitor, alter, edit, or remove any of Your Content, in whole or in part. You acknowledge and agree that Educamia may store Your Content and may also disclose Your Content for any reason should Educamia deem this to be necessary (under law or for any other reason).
3.6 Trademark Information
The trademarks, service marks, and logos of Educamia and the Sites used and displayed in connection with Educamia are registered trademarks of Elefanto.
3.7 Provider warranties
The Provider warrants that it is:
- providing specialist skills, knowledge and experience and will not hold out to be a worker or employee of Elefanto;
- solely responsible for the performance and quality of the Classes;
- solely responsible in conducting any searches or enquiries into the identity of students attending, or enquiring for a courses Attendees via one of our websites; and
- solely responsible for setting the method, timing and basis on which Classes are to be provided.
- ACCOUNT, PASSWORD AND SECURITY
As part of signing up to use Educamia, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account (employees or other third parties who you allow to access your account). You agree to immediately notify Educamia of any unauthorized use of your account or of any other breach of security. Educamia cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
Elefanto, in its sole discretion, may terminate your account, and remove and discard any and all of Your Content present on Educamia, at any time for any reason including, without limitation, for failure to maintain accurate or current information, or if Educamia believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your right to use Educamia may be carried out without prior notice.
You agree that Educamia shall not be liable to you or to any third-party for any termination of your right to use or otherwise access Educamia.
All provisions of these Terms that by their nature should survive termination of your right to use Educamia shall survive.
- Commissions are to be paid by the Institute when the student, referred by Educamia, has confirmed and paid the course to the Institute. Commission rates depend on the specific agreements made between Educamia and the Institute.
- Delays in paying commissions is charged €90 per month. By Delays we mean above one month difference between full course payment to the Institute by the student and payment of Commissions made to Educamia by the Institute.
- Annual paid promotions are for 12 consecutive months. The paid promotions starts when the client has paid. If the client wants to stop before the 12 months no payback is due in any conditions. The paid promotions can be cancelled with a minimum one month prior notice to the end of the 12 months. If not is is automatically renewed with same terms as those of the first year.
- Monthly paid promotions are paid each month on an auto renewal basis and can be cancelled before auto-renewal.
You shall indemnify and hold Educamia harmless from and against all reasonable liability, actions, claims (including claims by members of the public or other customers) demands, costs, charges, losses and expenses (including legal expenses on an indemnity basis) incurred by Educamia arising out of your breach of these Terms.
- DISCLAIMER OF WARRANTIES
Notwithstanding anything else in these Terms, all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into these Terms, whether by statute, common law or otherwise, are hereby excluded to the fullest extent permissible by law, including the implied conditions, warranties or other terms as to satisfactory quality.
- LIMITATION OF LIABILITY
8.1 To the maximum extent permissible in law, Educamia excludes all liability for any indirect, additional or consequential loss or any kind however incurred by you, arising in connection with these Terms.
8.2 Nothing in these Terms excludes or limits Elefanto’ liability for:
- death or personal injury caused by Elefanto’ negligence
- fraud or fraudulent misrepresentation or
- Breach of any obligation implied by statutory law which cannot lawfully be excluded.
All information provided by you or collected by Educamia is governed by Educamia Privacy Notice, and is hereby incorporated by reference into these Terms.
Notices to you may be sent via either email or regular mail to the address in Educamia’ records. Educamia may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Sites. Any notice from you to Educamia shall be sent in writing to: Level 3 – 207 Regent Street, London, United Kingdom, W1B 3HH, or via email.
- GOVERNING LAW
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
Terms and Conditions last reviewed November 2017.