USER Terms and Conditions

APS Career Boostery (Licensor) offers to enter into an agreement to provide access to the services and products of the Licensor within the limits set out in this User Terms and Conditions of a non-exclusive license.

If you accept the terms and conditions set out below and make an acceptance, you become a User and the USER Terms and Conditions becomes a contract for you and the Licensor.

Therefore, please read this text carefully. If you do not agree with any clause of this offer, the Licensor encourages you to refrain from performing any actions necessary for acceptance. 

The proper acceptance of this offer is the consistent performance of the following actions by the User:

Familiarization with the terms and conditions of this USER Terms and Conditions;

Entering true and up-to-date information about yourself (valid email address, first name, surname) in the registration form located at https://learning.apscareerboostery.com/users/sign_up.

Clicking the "Sign up" button in the completed registration form.

General

For the avoidance of any doubt, the User granted, without exception, only the right of personal, non-commercial use of the Licensor's services and products. The use of the products and services does not confer on the user any proprietary rights over them.

Which means, the Licensor will own and retain all rights, including title and intellectual property rights, in and to all user interfaces, video courses, articles, logos, trademarks/service marks and intangible information related to the Services, products and services provided by the Licensor.

For the avoidance of doubt, the User prohibited from:

• Copy and/or distribute any information (including parts and components of video courses, articles, logos and trademarks/service marks) obtained on the site, except where such a feature is expressly provided (e.g. "Share"/"Repost").

• Use the information obtained on the site in any manner contrary to the law.

• Grant sublicenses to third parties to use the services and products on the website.

• Copy or otherwise use the programme code or part of the code of the website, as well as its design.

• Place personal data of third parties on the site without their consent.

• To place commercial advertisements, commercial offers and any other intrusive information on the site, unless the placement of such information is expressly agreed with the Licensor.

• Modify in any way the software part of the site; perform actions aimed at changing the functioning and operability of the site.

• Offend and otherwise violate the rights and freedoms of other users of the site, third parties, as well as groups of persons.

A breach or violation of any term in the USER Terms and Conditions as determined in the sole discretion of Licensor will result in an immediate termination of your Services, without notice to you.

Terms and Definitions

In this USER Terms and Conditions unless otherwise expressly implied from its text, the following terms will have the meanings indicated below:

Licensor - APS Career Boostery, which holds the exclusive rights to all products and services on the website https://learning.apscareerboostery.com/.

User - a person who has entered into this USER Terms and Conditions with the Licensor by accepting the offer and who has reached the age of 16. Minors may use the website and services only with the permission and active participation of a parent or legal guardian. The User must be a human. Accounts registered by bots or other automated means are prohibited.

Video courses - a set of audiovisual (video lectures), text, graphic materials and software tools, united by a common topic, designed to educate the User in order to obtain new or develop existing skills and knowledge on the specified topic.

Account - Personal page of the user on the site, containing information data about the User, where the registered User manages his account.

Personal account - a set of secure pages of the website created as a result of User registration, using which the User has the ability to pay for access to services and products of the Licensor, the ability to get access to services and products placed on the website after paying for such access, the ability to get information about them, the ability to make changes to the information about the User, password, as well as perform other actions provided for by the explicit functions of the personal account. Access to the Personal account is carried out by entering credentials in the fields provided for this purpose on the site.

Agreement - this USER Terms and Conditions.

Parties - the Licensor and the User. The Site, the website - https://learning.apscareerboostery.com/

Subject of the Agreement

The Licensor grants the User the right to use the site, personal account, services and products presented on the site for their intended purpose under a simple (non-exclusive) license for the territory of access to the site, personal account and their functions, for the period during which the site, personal account and their functions remain available to the User. The Licensor renders services to the User to provide access to the site, video courses, articles for organizing the User's self-learning skills on a certain topic.

The Licensor grants the User the right to use the service and products on the terms of a non-exclusive (simple) license (with retention of the right to grant licenses to other persons) on the territory of the whole world (taking into account the specifics of national legislation in certain territories), and the User assumes the obligation to pay the Licensor remuneration in accordance with the tariff chosen by him and to comply with other terms of this Agreement.

The conclusion of the Agreement, is carried out by the User by performing one (or more) of the following actions:

• Registration on the website by filling in the form. Registration unambiguously identifies the person who submitted it as a User.

• Payment of the full cost of payment for the use of the service by the User.

• The fact that the User is using the service, including if the service accessed without registration.

• Up-to-date information about the cost of products and services is available on the website. 

Conditions and Procedure of Access to Video Courses

The User can access information about each video course, its description, topics and duration of the course, course instructors, number and name of materials (audio-visual, text, graphic) in the course, the number of listeners who have already completed the course, the course rating. The User has access to information about the cost of courses and the possibility to pay for each video course.

Access to each video course provided to Users who have paid the price of the video course specified on the corresponding page of the site in accordance with the procedure established by the agreement.

Access provided through a Personal account.

The term of access to video courses is equal to the term of access by subscription.

Upon completion of the course, the User has the right to evaluate the course and leave a comment about the course. The Licensor reserves the right to delete User comments that are offensive.

Financial Terms

The Licensor provides access without charge to free products and services, as well as to all other functionalities of the site, the description of which does not contain or does not imply any charge for use.

The Licensor sets the price of the product and service by publishing such price on the relevant page of the website. The Licensor has the right to change the price of the product and service at any time at its discretion. In this case, the price of the products already paid by the user does not change either upwards or downwards. The new price applies to the legal relations between the Licensor and the user that arose after the change.

The Licensor has the right to provide individual users with discounts on the price of products and services. The Licensor establishes the amount of the discount, the procedure and terms of its provision at its own discretion.

The Licensor has the right to provide any additional services to the user without charging a separate fee.

Payment for Products and Services

To process payments we use the terms of Thinkific Labs Inc. For more information about the Thinkific Payments, please see here: https://www.thinkific.com/terms-of-service/. 

Generally, the User's purchase of access to products and services carried out by prepayment of the full cost.

Information on the current price indicated on the page of the respective product and service.

The User has the opportunity to pay for the selected services or products through the opened window by entering valid data in the corresponding section of the website.

In the opened window, the User selects a payment method (payment system) and performs the actions stipulated by the rules of the respective electronic payment systems and processing companies. The moment of payment in this case considered the moment of positive result of payment authorization in the selected payment system.

The User also has the opportunity to pay for the selected product using the details specified in the email sent by the Licensor after the User has performed actions to the email specified by the User in the registration form (Personal account). The email also contains a link to a sample receipt for payment of the selected product. In this case, bank transfer of funds makes the payment to the details specified in the e-mail and/or receipt.

The User has the right to purchase and pay for one product or several products at a time.

Payment for Video Courses

On the page of the corresponding video course, the User has the opportunity to pay for access to one video course. Access to each video course paid for separately.

After the User successively clicks the buttons "Buy access to the course" or "Buy the course for ..." or "Get a discount" or "Apply bonus" on the page of the corresponding video course, the User is automatically redirected to the payment page and after selecting the service for payment performs the actions provided for by the rules of the relevant electronic payment systems and processing companies. The moment of payment in this case is considered the moment of positive result of payment authorization in the selected payment system.

Refunds

If the User, for reasons beyond the control of the Licensor, does not use the products or services either in whole or in part, the service is considered to be provided by the Licensor. Reward (payment for the cost of products and services) is not refunded.

The User has the right to refuse to fulfill the obligations and services of the Licensor by sending a notice via email to [email protected], as a result, the Account is blocked and the User's personal data is deleted. In this case, the cost of products and services paid by the User is not refunded.

In case of any returns (as well as other payments) from the Licensor to the User, the Licensor shall not bear any expenses for fulfilling obligations on returns and making other payments. All specified expenses shall made at the expense of the User.

The Licensor does not provide refunds unless an error was made by the part of the Licensor. However, our refund policy is not rigid; we assess each situation case by case, taking into account the specific reasons for the refund request.

Special Conditions

The Site may contain links to other Internet sites (third party sites). The Licensor for compliance with any requirements (reliability, completeness, legality, etc.) does not check these third parties and the content of their sites/content. The Licensor is not responsible for any information, materials posted on third party sites to which the User gains access with the site, including any opinions or statements expressed on third party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.

The Licensor does not warrant any results from the User’s use of the information posted on the Licensor’s website.

The Licensor does not warrant that the site will meet the User's requirements, that access to the site will be uninterrupted, fast, and reliable or error free.

The Licensor does not warrant that the services will be uninterrupted, completely secure or error-free. The Licensor does not accept any liability or responsibility arising from imperfections or inaccuracies in any service.

Any services of the Licensor are "as is". The Licensor does not promise that everything will work perfectly or meet the User's needs. The Licensor does not warrant that the quality of any products, services, information or other materials purchased or obtained by you through the services will meet your expectations or business requirements.

The Licensor shall not be liable if the functionality and content of the products and services do not meet the User’s expectations and/or subjective assessment of the User.

The Licensor does not warrant that the User's use of products and services will automatically lead to the achievement of certain results expected by the User. The discrepancy between the results and the User's expectations and/or their subjective assessment is not grounds for the User to refuse to fulfill the Agreement and return funds.

This disclaimer of liability includes, but is not limited to any liability for unintended or unforeseeable consequences, or actions or decisions taken by the User in reliance on the expected results.

Software and hardware errors both on the side of the Licensor and on the side of the User, resulting in the inability of the User to access the site, video courses and other products and services, are force majeure circumstances and the basis for exemption from liability for failure to fulfil the obligations of the Licensor under this Agreement.

Fraud. Without limiting any other remedies, the Licensor may prevent the User from creating an Account or suspend, or terminate any User’s Account if the Licensor suspects that the User is engaged in fraudulent activity in connection with the Services.

The User's obligations that are intended to survive termination will survive the termination of the Services.

Changing the Agreement

The Licensor has the right unilaterally to change the terms and conditions of the Agreement at any time at its own discretion, with such changes coming into effect at the time of publication of the new version of the Agreement on the website.

At each subsequent visit to the site before using the personal account and/or other functionalities of the site, the User undertakes to familiarize himself with the new version of the Agreement. Continued use of the site and Personal account will mean that the User agrees to the terms of the new version of the Agreement.

If the User does not agree with the terms of the new version of the Agreement, he/she must stop using the site. Continued use of the Personal account and other functionality of the site will mean the User's acceptance of the terms of the new version of the Agreement.

Final Provisions

Inaction on the part of the Licensor in case of violation of the provisions of the Agreement by any of the Users does not deprive the Licensor of the right to take appropriate actions later in defense of its interests and protection of intellectual rights to the legally protected results of intellectual activity posted on the site including, but not limited to: user interfaces, video courses, articles, logos, trademarks/service marks, intangible information related to the Services, products and services provided by the Licensor.

The User confirms that he/she has read all the provisions of the Agreement, understands and accepts them.