Standard Terms and Conditions for the Purchase of Online Courses
These terms and conditions apply to Services provided by Dawn April Ross Transformational Industries, LLC (“Dawn April Ross Transformational Industries, LLC” or “we” or “us”).
You may contact us on [email protected] or +1 561.729.9694
Any student found to be sharing password and/or login information with any party not currently registered for courses with Thoughtward.com will have their access immediately revoked, there will be no refund for courses paid and they will be prosecuted to the fullest extent of the law.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:
Course Specific Terms and Conditions;
These Standard Terms for the Purchase of Online Courses;
Website Disclaimer.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Dawn April Ross Transformational Industries, LLC to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Dawn April Ross Transformational Industries, LLC for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means www.thoughtward.com
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3 Access to the Website
3.1 Account Registration. For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and secure password upon providing registration information and successfully completing the registration process. This account is personal to you and you may not under any circumstances share it or allow any other person to utilize your account. You may never use another’s account with or without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify ISACA in the event that your registration information changes, or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. ISACA may refuse to grant a particular username to you for any reason.
3.2 Management of the Services. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site for violations of the Agreements, and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any Thoughtward.com Content or any portion thereof; (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site; and/or (e) terminate or block your use of the Site for violating these Terms.
3.3 Our Rights to Restrict, Revoke or Terminate Access. Without limiting any other provision of these Terms or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Site or to terminate the user account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation.
4. Ordering Services
Purchasing Services via the Website
4.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services via the Telephone
4.2. To purchase a Service over the telephone please call +1.561.729.9694 You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course on-line.
4.3. When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Dawn April Ross Transformational Industries, LLC reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
4.4. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.
4.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses or Continuing Education Courses , each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
5 Cancellation and Variation
5.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 24 hours starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
5.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
5.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Dawn April Ross Transformational Industries, LLC.
6 Fees
6.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
6.2. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
6.3 Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Dawn April Ross Transformational Industries, LLC shall not be responsible for these.
6.4. You shall be responsible for all costs you incur in your access onto any Online Course.
7. Liability
7.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
7.2. Although Dawn April Ross Transformational Industries, LLC aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
7.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
7.4. Subject to clause 6.5 below, Dawn April Ross Transformational Industries, LLC's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
7.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
8. Intellectual Property
8.1. All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of Dawn April Ross Transformational Industries, LLC or its licensors, whether adapted, written for or customised for the Client or not.
8.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Dawn April Ross Transformational Industries, LLC on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
8.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
9. Confidentiality
9.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
9.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
9.3. This clause shall continue notwithstanding termination of these terms and conditions.
10. Termination
10.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Dawn April Ross Transformational Industries, LLC, any teacher or lecturer
cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
steal or act in fraudulent or deceitful manner towards us or our employees or any other students
10.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
11 Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
12. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
13. Force Majeure
Dawn April Ross Transformational Industries, LLC shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
14. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
15. Data Protection
15.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
15.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
15.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Dawn April Ross Transformational Industries, LLC,
15.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
15.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
15.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
15.6. Dawn April Ross Transformational Industries, LLC endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
15.7. If you wish to change or update the data we hold about you, please email [email protected]
16. Law and Jurisdiction
This Agreement is subject to United States law and the parties submit to the exclusive jurisdiction of the United States courts in connection with any dispute hereunder.