In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, eLearning program, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Clarus Tech Partners makes available through the website either now or in the future;
"Products and Services": means the Products and Services available to you through this website, specifically the use of the Clarus Tech Partners proprietary eLearning platform;
"Payment Information": means any details required for the purchase of products and services from this website. This includes, but is not limited to, credit and debit card numbers, bank account numbers, and sort and bank codes;
"Premises": means our place of business located at 500 S Australian Ave, Suite 600-1160
West Palm Beach, FL 33401, U.S.;
"System": means any online communications infrastructure that Clarus Tech Partners makes available through the website either now or in the future. This includes, but is not limited to, eLearning information, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the website; and
"Website": means the website that you are currently using www.claruslearn.com and/or any sub-domains of this site unless expressly excluded by their own terms and conditions.
These Terms and Conditions also apply to customers procuring Products and Services in the course of business.
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3.1 All Content included on the website and our products and services including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Clarus Tech Partners, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
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3.2 All material from the website and eLearning courses are propriety and may NOT be re-used without written permission by Clarus Tech Partners. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given our express written permission to do so.
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4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Clarus Tech Partners or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this website on other sites may do so only to the home page of the site www.claruslearn.com with our prior written permission. Deep linking such as links to specific pages within the site requires our express written permission.
- 7.1 When using any System on the website you should do so in accordance with the following rules. Failure to comply with these rules may result in your account being suspended or closed:
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7.1.1 You must not use obscene or vulgar language;
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7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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7.1.3 You must not submit Content that is intended to promote or incite violence;
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7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
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7.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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7.1.6 You must not impersonate other people, particularly employees and representatives of Clarus Tech Partners or our affiliates; and
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7.1.7 You must not use our System for unauthorized mass-communication such as "spam" or "junk mail".
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7.2 You acknowledge that Clarus Tech Partners reserves the right to monitor and may retain copies of any and all communications made to us or using our Systems.
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8.1 In order to procure Products and or Services on this website and to use certain other parts of the System, you may be required to create an Account which may contain certain personal details and payment information which may vary based upon your use of the website as we may not require payment information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
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8.1.1 All information you submit is accurate and truthful;
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8.1.2 You have permission to submit payment information where permission may be required; and
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8.1.3 You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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8.2 Do not share your Account details, particularly your username and password. Your Account is setup specifically for you as a User. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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8.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending.
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9.1 Either Clarus Tech Partners or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
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9.2 If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of any Products and Services will not commence.
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10.1 While every effort has been made to ensure that all general descriptions of our Products and Services available from Clarus Tech Partners correspond to the actual Products and Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Products and Services may vary depending on your individual requirements and circumstances.
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10.2 We neither represent nor warrant that such Products and Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
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10.3 All pricing information on the website or communicated to you is correct at the time of going online and/or communicated in writing. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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11.1 Nothing on this website should be interpreted as a contractual offer. When you place an order, you are making an offer to enter into a contract with us. We reserve the right to accept or decline that offer at our sole discretion. A binding agreement is only formed once we send you a written Order Confirmation via email.
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11.2 You will receive an Order Confirmation email prior to the commencement of any Products or Services. This confirmation will include the following details:
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11.2.1 Confirmation of the Products and Services ordered including details of the main characteristics of those Products and Services;
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11.2.2 Fully itemized pricing for the Products and Services ordered including, where appropriate, taxes, delivery and other additional charges;
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11.2.3 Relevant times and dates for the provision of the Products and Services;
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11.2.4 User credentials and relevant information for accessing those Products and Services.
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11.3 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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11.4 We will make every reasonable effort to deliver the Products and Services with due skill and care, in accordance with recognized industry standards and best practices.
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11.5 IIn the event that Products and Services are provided do not conform to to your order or are incorrect, you should contact us promptly so we can address the issue and make any necessary corrections.
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11.6 Clarus Tech Partners provides technical support via our contact email and/or contact phone number. Clarus Tech Partners makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from
Clarus Tech Partners. If you have a problem or complaint with our Products or Services, contact us immediately so we may rectify the problem and find a solution to your compliant. Normally we do not provide any refunds, but if there is no resolution to your problem or complaint, we will evaluate whether we will provide a partial or full refund.
Use of the Website is also governed by our Privacy Notice which is incorporated into these Terms and Conditions by this reference. If you do not accept and agree to be bound by all the terms of this Agreement, including the Privacy Notice, do not use our website.
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14.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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14.2 We may use your personal information to:
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14.2.1 Provide our Products and Services to you;
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14.2.2 Process your payment for the Products and Services; and
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14.2.3 Inform you of new Products and Services available from us. You may request that we stop sending you this information at any time.
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14.3 In certain circumstances (if, for example, you wish to purchase Products and Services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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14.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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15.1 We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Products and Services.
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15.2 No part of this website is intended to constitute a contractual offer capable of acceptance.
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15.3 While we use reasonable endeavors to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
THE INFORMATION, CONTENT, ELEARNING PROGRAM, SOFTWARE, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
THE COMPANY, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY AT ALL FOR YOUR USE OF OUR WEBSITE. THE COMPANY CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO RELATED SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR ANY SOFTWARE FOUND WITHIN OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF IT AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES 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, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.
We reserve the right to change the website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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17.1 The website is provided “as is” and on an “as available” basis. Clarus Tech Partners uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the website will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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17.2 We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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18.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. You should be aware that you use the website and its Content at your own risk.
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18.2 We accept no liability for any direct or indirect loss or damage arising out of the incorrect provision of Products and Services or out of reliance on incorrect information included on the website.
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18.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
These Terms and Conditions and the relationship between you and
Clarus Tech Partners shall be governed by the State of Florida, United States without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Any legal controversy or claim arising from or relating to this Terms and Conditions and/or our website, excluding legal action taken by us to collect or recover damages relating to the use of intellectual property, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the State of Florida, United States and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Florida, United States necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
- 21.1 If you have questions or wish to contact us, either send your communication to us by mail to our Premises (see address above) or by email to info@clarustechpartners.com.
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21.2 We may from time to time, if you opt to receive it, send you information about our Products and Services. If you do not wish to receive such information, please contact us by opting out, mailing or emailing us with your request.
