BASIS OF AGREEMENT
- These terms apply to any course, service offered by Aspire Coaching (Smart Quest Coaching and Consulting Private Limited) (“the Company”) from time to time.
- By using the www.aspirecoaches.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.
- Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Any Order which you seek to place with the Company through the Company’s website or otherwise constitutes an offer by you to purchase a place on the relevant Course subject to these terms and conditions to the exclusion of all other terms and conditions.
- Your Order shall only be deemed to be accepted by the Company when the Company notifies you in writing, usually by email, that your application is approved on which date a contract between you and the Company shall come into existence on the basis of these terms and conditions and any additional terms set out in the Company’s notification of approval.
- The Contract constitutes the entire agreement between you and the Company. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
SUPPLY OF SERVICES
- Subject to receipt of the Charges by the Company in full we shall supply the Courses/ services to you in accordance with the adult learning principles.
- We shall have the right to make any changes to the Courses/services which are necessary to comply with any applicable law or safety requirement which do not materially affect the nature or quality of the Course/service, or which we consider desirable or appropriate in connection with the services.
CHARGES AND PAYMENT
- The charges for the Courses or Services (the Charges) shall be as described on our website.
- Payment in full of the Charges shall be received by the Company in cleared funds no later than 7 days before date of commencement of the course/service.
- Should the Charges not have been paid in accordance with the Contract you will not be permitted to commence the Course or we will not engage with the service.
- All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being.
- Subject to above clauses, Charges are non-refundable.
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
- We have spent considerable time and costs in the development of our coaching and training systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to the Courses/services and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials).
- You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of course materials and shall restrict disclosure of any confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of performance of the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.
- All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by the Company and nothing in the Contract shall grant you any Intellectual Property Rights.
- All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2018 www.aspirecoaches.com, will all rights reserved, or is the property of www.aspirecoaches.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of www.aspirecoaches.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of www.aspirecoaches.com.
LIMITATION OF LIABILITY
- aspirecoaches.com SHALL NOT be liable for any damages whatsoever, and in particular we will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if www.aspirecoaches.com has been advised of the possibility of such damages.
- The Member agrees to indemnify and hold aspirecoaches.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.
- You will be able to access most areas of these Websites without registering your details with us. Certain areas of these Websites are only open to registered users.
- We may revise these terms and conditions at any time by updating this posting. You should check these Websites from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
- You are permitted to print and download (downloadable) flyers and documents from this Website for your own use on the following basis: (a) no documents or related graphics on this Website is modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
- No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms are reserved.
SERVICE ACCESS AND INTERRUPTIONS
- We reserve the right to modify or discontinue the Service with or without notice to the Member. We shall not be liable to Member or any third party should www.aspirecoaches.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
VISITOR MATERIAL AND CONDUCT
- Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Sri Lanka or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse this Website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of points above.
LINKS TO AND FROM OTHER WEBSITES
- Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave these Websites. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to these Websites, you do so entirely at your own risk.
- You may not create any links to these Website.
- You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of the above.
DISCLAIMER OF WARRANTIES
- While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
- The material on this Website is provided on an “as is” and on an “as available” basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
- We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with these Websites in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing these Websites or your downloading of any material from this Website or any websites linked to these Websites.
- Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on these Websites results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of these Websites, or the use by any other person using your registration details.
GOVERNING LAW AND JURISDICTION
- These terms and conditions shall be governed by and construed in accordance with court of Law in Colombo. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the court of Law in Colombo.