SIX SIGMA ONLINE TERMS AND CONDITIONS
PLEASE READ THESE SIX SIGMA ONLINE TRAINING TERMS AND CONDITIONS (“AVETA LIMITED TERMS”) CAREFULLY. ANY ENROLLMENT IN AVETA LIMITED CLASS(ES) BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF AVETA LIMITED CLASS(ES) SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE AVETA LIMITED TERMS HEREIN CONTAINED. NOTHING CONTAINED IN THE AVETA LIMITED SERVICES AGREEMENT (HEREINAFTER DEFINED) OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED DUE TO THE AVETA LIMITED CLASS(ES). ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE.
1. Six Sigma Online Training Services. These Aveta Limited Terms apply to the enrollment in Six Sigma Online Training (“Aveta Limited”) classes offered by Aveta Limited, Prospect Chambers, Prospect Hill, Douglas, Isle of Man, IM1 1ET, British Isles by Enrollee. The Aveta Limited Class(es) is further described on the Aveta Limited Website located at http://www.sixsigmaonline.org.
2. Aveta Limited Service Delivery. Aveta Limited will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. Aveta Limited Class(es) is for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees.
3. Cancellation; Substitution; Expiration. Aveta Limited reserves the right to cancel or reschedule any class at its discretion. Enrollee agrees to complete Aveta Limited Classes(es) within 365 calendar days of purchase unless an alternative date has been provided by a representative of Aveta Limited in writing.
Withdrawal or refund requests are subject to a 15% charge of the total calculated cost of the Payment Plan (Subscription Payment Agreement) cost. Withdrawal or refund requests must be received via email by firstname.lastname@example.org within 72 hours of purchase. All refunds will be credited to the original payment source.
4. Payment Plan (Subscription Payments).
4.1. Subscription Payments . Enrollee agrees to be liable to Aveta Limited for the Subscription Payments under this or any other agreement. Except as otherwise specified , (i) fees for our services are quoted and payable in United States dollars, (ii) fees are based per person (iii) payment obligations are non-cancelable and fees paid are non-refundable except as otherwise noted in this agreement.
4.2. Invoicing and Payment. Enrollee agrees to provide Aveta Limited with valid and updated credit card information either directly or indirectly using PayPal. Enrollee authorizes Aveta Limited to charge such credit card for all Services for any service under this or any other agreement. Such charges shall be made in advance, either monthly or in accordance with any different billing frequency stated under this or any other agreement.
4.3. Suspension of Service and Acceleration. If any amount owing under this or any other agreement for Services is ten or more days overdue, Aveta Limited may, without limiting its other rights and remedies, accelerate any and all unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Services until such amounts are paid in full.
Withdrawal or refund requests are subject to a 15% charge of the total calculated cost of the Payment Plan (Subscription Payments Agreement) cost. Withdrawal or refund requests must be received via email by email@example.com within 72 hours of purchase. All refunds will be credited to the original payment source.
5. Payments, Late charges, Deposits, and Credit Checks. If we do not receive payment in full by the agreed due date, you may be charged a late charge of the greater of 1.5% per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late charges. If your check, electronic funds transfer payment, including debit or Automated Clearing House payment, or other payment is dishonored or returned, we may charge you $35, or the maximum amount allowed under applicable law. We may also require you to use another payment method, and/or immediately suspend or cancel your Service. We will not honor limiting notations you make on or with your checks.
6. Restrictions on use The Aveta Limited Courseware contained in the learning management system (hereinafter “Courseware”) consisting of documentation, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from the Aveta Limited Web Site in accordance with Aveta Limited. Enrollee further acknowledges and agrees that all works of authorship, course materials, documentation, Courseware contained in the learning management system, developed, created or used by Aveta Limited or its personnel in connection with the Aveta Limited Class(es) are and shall remain the sole and exclusive property of Aveta Limited and/or its Licensor and are proprietary information of those parties. Aveta Limited reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer the Aveta Limited Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the Aveta Limited Courseware, or otherwise attempt to derive the source code or other software which may be related to the Aveta Limited Courseware or Aveta Limited Class(es). Enrollee may not, assign, loan, sell, transfer or distribute the Aveta Limited Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of Aveta Limited or Aveta Limited’s licensors is granted hereunder and any use thereof will inure solely to the benefit of Aveta Limited and/or Aveta Limited’s licensors. Enrollee agrees to take adequate steps to protect the Aveta Limited Courseware from unauthorized disclosure or use.. Enrollee shall be responsible for compliance with these Aveta Limited terms as well as administering the proper access to and use of Aveta Limited Class(es) key codes, reservation key codes and/or similar internal controls that may be provided to Enrollee and for preventing unauthorized access or use..
7. Limited Warranty; Disclaimer. AVETA LIMITED EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. AVETA LIMITED IS DELIVERING THE AVETA LIMITED CLASS(ES) AND AVETA LIMITED COURSEWARE ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY ENROLLEE OF ANY AVETA LIMITED SERVICES, OR AVETA LIMITED COURSEWARE. AVETA LIMITED DOES NOT WARRANT THAT THE AVETA LIMITED CLASS(ES) AND AVETA LIMITED MATERIALS PROVIDED BY AVETA LIMITED TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND AVETA LIMITED ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE AVETA LIMITED CLASS(ES), OR AVETA LIMITED COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. AVETA LIMITED DOES NOT GUARANTEE NETWORK SECURITY. AVETA LIMITED ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF AVETA LIMITED AND ITS LICENSOR AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, “CLAIMS”) IN TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF AVETA LIMITED OR ITS AFFILIATES, ACTUAL OR IMPUTED. AVETA LIMITED SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY AVETA LIMITED DURING PERFORMANCE OF AVETA LIMITED SERVICES, OR OTHERWISE.
8. Indemnification. Enrollee agrees to indemnify, defend and hold Aveta Limited harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys fees and costs) arising out of any claim based on the delivery of any Aveta Limited Class(es) or Enrollee’s use of data generated from such Aveta Limited Class(es).
9. Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 6 and 8, and to the extent not prohibited by applicable law: (i) each party’s aggregate liability to the other hereunder will be limited to the greater of (a) the amount paid by Enrollee for the Aveta Limited Class or (b) Five Dollars (US$ 5.00) which is the subject matter of the claims; and (ii) neither party will be liable hereunder for any indirect, punitive, special, incidental or consequential damages even if that party has been previously advised of the possibility of such damage and even if any exclusive remedy provided for in these Terms fails of its essential purpose. BOTH PARTIES AGREE THE LIMITATIONS SET FORTH IN THIS SECTION REFLECTS THE ALLOCATION OF RISK UNDERSTOOD AND AGREED UPON BY THE PARTIES.
10. Relationship. The relationship of Aveta Limited and Enrollee established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day to day activities of the other; (ii) deem the parties to be acting as agents, partners, joint ventures, co owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. Enrollee also agrees that payment for the course was authorized and provided directly through their employer or other third party organization.
11. Force Majeure; Excused Performance. Aveta Limited shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of Enrollee or its employees and agents; and/or Enrollee’s failure to follow the Aveta Limited Service requirements. Neither party shall be liable or deemed in default for any delay in performance under this Services Agreement resulting directly or indirectly from acts of God, war, insurrection, national emergency, fires, storms, labor disputes, acts of vandals or hackers, acts of civil or military authority or any other cause beyond the reasonable control of such party.
12. Miscellaneous. These Aveta Limited Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between Aveta Limited and Enrollee with respect to the furnishing of Aveta Limited Class(es) and the use of the Aveta Limited Courseware and supersedes any prior negotiations, understandings or agreements with respect to the specific subject matter hereof. No other terms and conditions shall be included or implied unless agreed in writing by an authorized representative of the parties. The rights of Aveta Limited and obligations of Enrollee under the Aveta Limited Terms shall inure to the benefit of Aveta Limited’s assignees and licensors. These Aveta Limited Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of Aveta Limited, which consent shall not be unreasonably withheld. The provisions of these Aveta Limited Terms are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of these Aveta Limited Terms shall be binding. A waiver of any section of these Aveta Limited Terms does not constitute a waiver of the whole Aveta Limited Terms. All notices given pursuant to these Aveta Limited Terms shall be in writing sent by certified or registered mail (return receipt requested), overnight express services or by facsimile. All such notices shall be directed to Enrollee or Aveta Limited at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these Aveta Limited Terms is an agreement between Enrollee and Aveta Limited, and creates no obligations to Enrollee on the part of Aveta Limited’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between Aveta Limited and such parties, and waives any and all rights or claims against any such third party. Each party is duly authorized and empowered to enter into and perform these Aveta Limited Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.