Terms of Use

Effective Date: October 2017

Clickary Ltd., headquartered in Dublin with an Irish Company Registration Number: 542901 (“Knowledge Perks”, “we”, “us” or “our”) is the owner of www.knowledgeperks.com and other associated URLs (the “Site”), including software related to the Site and any related applications, as well as the learning portal on which courses are provided (the “Services”). When you use or visit the Site or Services, and any other elements available through the Site or Services (together the “Content” excluding the Instructor Submissions as defined below), you are consenting to the terms and conditions (the “Terms of Use“) including the privacy policy set out at privacy the (“Privacy Policy”). If you do not agree to these Terms of Use, you must stop using the Site or Services. It’s very important that you read the Terms of Use.

LEARNING MANAGEMENT SYSTEM

Knowledge Perks is based around a learning management system that provides an online learning environment that users subscribe to in order to access courses of video lessons and other materials provided by our chosen instructors (the “Instructors”). Users may, where provided, communicate with our Instructors, staff our users through the Site and Services.

USER ACCESS

As a user, we will allow you to use the Site and Services as set forth in the Terms of Use, on the basis that:

  • your employer has paid the relevant fees to enrol on the course, module or lesson or paid to use the Site and Services;
  • you have set up and completed your user profile;
  • you are using the Content, tools , Site and Services for personal (and not public or commercial) use;
  • you don’t copy, upload, republish or distribute any of the Content;
  • you will not alter or modify any part of the Sites or Services other than for their intended purpose;
  • you will not reverse engineer, disassemble or tamper with the Sites or Services; and
  • you are at least 18 years of age.

To gain full access to the Site and Services:

  • you have to create a user account (the “Account”);
  • you will not use another user’s Account without their express permission;
  • you will not provide another person with the username and password to access your Account;
  • you will provide accurate and complete information when setting up the Account;
  • you agree that are fully responsible for the activity that occurs on your Account;
  • you must keep your Account password secure;
  • you must notify us (info@knowledgeperks.com) immediately of any Account security breach or unauthorised use of your Account;
  • you will not hold us liable for your losses caused by any unauthorized use of your Account;
  • and you may be liable for the losses of Knowledge Perks or others due to such unauthorised use of the Account.

Any attempt to use the Services to access or download the Content systematically or programmatically or to invade the privacy of or obtain personal information about any user of the Services (including any privacy or other intellectual property right) is not permitted. Any attempt to systematically or programmatically access, or download the Content in Knowledge Perks will result in the termination of your Account. If we suspect that you are attempting to systematically or programmatically access or download the Content in Knowledge Perks, or if your behavior replicates, mimics, or resembles that of a program or automated task bot, we reserve the right to suspend your Account without prior notice to you.

You agree not to collect or harvest any personally identifiable information, including Account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services.

From time to time the Site or Services may contain links to third-party websites that are not in our control or where we have responsibility for their content or functionality. Users will not hold Knowledge Perks responsible or liable for the use of third-party websites and realise that by visiting these third-party sites you are signing up to the terms of use and privacy policies of these third-party sites.

SERVICES

Knowledge Perks Services allow users to access courses, materials and certain functionality. We reserve the right to withdraw any and/or all Services or Content at any time. You accept that, should there be difficulty in downloading, accessing or providing certain functionality via the Services, Knowledge Perks is not responsible or liable for such failure and will not be held responsible for support or maintenance. You accept that, from time to time, the Services will need to be updated in order to provide the Services and that it is your responsibility to access these through compatible devices, as required.

KNOWLEDGE PERKS PROFILE

All courses require the user to set up a profile. In doing so users will submit certain private information including: name, telephone number, email and other information deemed necessary from time to time. We will use this information to enable us to provide the best possible service to you, but will not share this information with third-parties, unless directly related to the Services. This private information, as per our Privacy Policy, may be used in communication with you or for our own curation of content presented to you or for Knowledge Perks marketing purposes but will not be shared with other third-parties not related to the Services provision.

COURSES/INSTRUCTOR SUBMISSIONS

You understand and agree that Knowledge Perks is not obligated to review, and is in no way responsible for, the content of video lectures, associated study materials and background materials (the “Instructor Submissions”) presented by Instructors, or content created in connection with the participation by Instructors. Nor is it responsible or obligated to police Instructor interaction with users (including written, audio and/or video content, information, images, and other materials). Knowledge Perks does not endorse any Instructors, Instructor Submissions or any opinion, recommendation, or advice expressed in the Site or Services, and Knowledge Perks expressly disclaims any and all liability in connection with Instructor Submissions.

By agreeing to the terms of use you understand that Knowledge Perks will not be held responsible for the advice, actions or instruction given by the Instructors of the Instructor Submissions it provides. It will not be held liable for mis-information, any accident, injury or illness or outcome whatsoever as a result of the instruction provided in the Instructor Submissions. Users understand that Knowledge Perks does not verify, validate or endorse the instructions given. The Instructor Submissions accuracy, safety and understanding is the responsibility of the users interpretation and any action taken by the user as a result of the instructions given by the Instructor is the sole responsibility of the user and Knowledge Perks will not be held liable for any element of consequence of the instruction.

Knowledge Perks does not permit infringement of intellectual property rights on its Services, and may remove all Submissions or Instructor Submissions if properly notified that such infringes on another’s intellectual property rights. Knowledge Perks reserves the right to remove any content without notice. We also hold the right to terminate a user’s access to our Site and Services if they are determined to be infringing any third party intellectual property rights. We reserve the right to decide whether user Submissions in any form is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material.

If you are a copyright owner or an agent thereof and believe that any Content, Instructor Submissions or other content infringes upon your copyrights, you may submit a notification to us at info@knowledgeperks.com.

You understand that when using Knowledge Perks, you will be exposed to Instructor Submissions from a variety of sources, and that Knowledge Perks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Instructor Submissions. You further understand and acknowledge that you may be exposed to Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Knowledge Perks with respect thereto, and agree to indemnify and hold Knowledge Perks, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

INTELLECTUAL PROPERTY RIGHTS

Content and Instructor Submissions are subject to copyright and other intellectual property rights under Irish and foreign laws and international conventions and are (i) owned by or licensed to Knowledge Perks, or (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes.

Content and Instructor Submissions on the Site and Services are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Knowledge Perks reserves all rights not expressly granted in and to the Sites and Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content and Instructor Submissions other than as expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through the Services for any commercial purposes. In no event shall any Content or Instructor Submissions be used for any website, application or publication of any sort which is competitive with the Site and Services. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Knowledge Perks and/or the Sites. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

DISCLAIMERS

You agree that your use of the Services and the Content contained on it shall be at your sole risk. To the fullest extent permitted by law, Knowledge Perks and its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and teaching assistants do not make any warranties, express or implied, to you in connection with the Services and your use thereof. Neither Knowledge Perks nor any of its successors, assigns, affiliates, officers, directors, employees, agents, instructors or teaching assistants makes any warranties or representations to you about the accuracy, safety or completeness of the content of the Services, Instructor Submissions or the Content of any sites linked to the Services and such parties assume no liability or responsibility to you for any (i) errors, mistakes, or inaccuracies of Content or Instructor Submissions, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Knowledge Perks does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked websites or featured in any banner or other advertising, and Knowledge Perks will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

LIMITATION OF LIABILITY

In no event shall Knowledge Perks or its successors, assigns, owners, affiliates, officers, directors, employees, agents, instructors be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any use or access to the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Knowledge Perks is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Knowledge Perks and its successors, assigns, directors, officers, employees, affiliates, agents, instructors and/or teaching assistants shall not be liable to you for Instructor Submissions or Content, or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

The Services are controlled and offered by Knowledge Perks from its facilities in the Republic of Ireland. It makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Knowledge Perks and its successors, assigns, affiliates, officers, directors, employees, agents, Instructors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

TERMINATION

Knowledge Perks may terminate your membership, delete your Account and any user content that you have posted on the Services and/or prohibit you from using or accessing the Services (or any portion, aspect or feature thereof) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Services, your obligations hereunder shall survive indefinitely.

CLOSING YOUR ACCOUNT

You may close your Account by contacting us through the Services. We may close your Account if it has not been used for at least 24 months. After your Account is closed, you will not be able to access the Services nor use the Services purchased by your company with that Account.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

GENERAL

You agree that: (i) the Services shall be deemed solely based in Dublin, Ireland; and (ii) the Services shall be deemed “passive” and shall not give rise to personal jurisdiction over Knowledge Perks, either specific or general, in jurisdictions other than Ireland. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Knowledge Perks without restriction. The Terms of Use shall be governed by the laws of the of Ireland, without respect to its conflict of laws principles. Any claim or dispute between you and Knowledge Perks that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Ireland. These Terms of Use, together with the Privacy Policy, and any other legal notices published by Knowledge Perks on the Services or the Site, shall constitute the entire agreement between you and Knowledge Perks concerning the Services. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Knowledge Perks’ failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. Knowledge Perks reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Services following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.