This Contract is entered between you (referred to as the “User”, “you” or “your”) and Odin Technologies FZE, Dubai Silicon Oasis, Dubai, UAE, (referred to as “Service Provider”, “we” or “us”).
The Service Provider is the owner of the EZAutism brand, the EZAutsim website and training courses listed on the EZAutism website. The User wishes to enter into a contract for the purchase of EZAutism online courses (referred to as the “Online Courses”).
The Online courses are currently hosted on a third party learning platform, TalentLMS. The Online Courses content access and usage is on TalentLMS. We reserve the right to change the hosting platform of the Online Courses, make modifications to content of existing courses or technology enhancements.
Accordingly, the Privacy Policy of TalentLMS will apply to all Users of EZAutism courses. The policy is available on the following link for you to read before placing order. Your accessing the EZAutsim website and training courses will be subject to the terms of the privacy statement below
TalentLMS is a reputable learning platform and its security features are detailed in the following link for you to read before placing order;
The contractual arrangement for the sale of the Online Courses, the terms and conditions of use, including EZAutsim website use are mentioned below.
By ordering an EZAutism Online Course, you are confirming your agreement to be bound by;
- The Terms and Conditions detailed below.
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The Privacy Policy and Terms and Conditions of the EZAutism website:
EZAutism Privacy Policy
EZAutism Security -
The Privacy Policy of the TalentLMS platform
1. Ordering
1.1 When you place an order for an Online Course you are offering to purchase that Online Courses on these Terms. The Service Provider reserves the right to decline or cancel your order, or any part of your order.
1.2 A legally binding agreement shall not come into existence until the Service Provider has received payment for the Online Courses through the PayPal payment gateway integrated in TalentLMS portal or in cleared bank funds from User or the User’s employer or a related party of the User.
1.3 The Online Course will be available to the User for a period of 120 days after the date of confirmation of purchase under Clause 1.2 above.
2. Payment Terms
2.1 The Fee for any Online Course at any given time will be displayed on the EZAutism Website and TalentLMS portal. Fees are quoted in United States Dollars, exclusive of any taxes / VAT, which if applicable will be payable additionally.
2.2 On exceptional basis subject to EZAutism confirmation and consent you may pay the Fee through wire transfer to the following bank account:
Account Title
ODIN TECHNOLOGIES FZE
Bank
Emirates Islamic Bank
Dubai, United Arab Emirates
US Dollar Account
IBAN No
AE920340003708413831602
Swift Code: MEBLAEAD
US Dollars Correspondent Bank
CITIBANK NA, NEWYORK, USA
SWIFT ID: CITIUS33
2.3 Your order will be confirmed only upon receipt of the Fee in cleared funds by the Service Provider and will be subject to acceptance of your offer to purchase by the Service in accordance with Clause 1.2.
2.4 The provision of the Online Course is contingent upon the Service Provider having received cleared funds from you in respect of the Fee for the relevant Online Course. Without prejudice to the Service Provider’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Online Course is booked), the Service Provider reserves the right, forthwith and at the Service Provider's sole discretion, to suspend the provision to you.
3. Cancellation Rights
3.1 You may cancel your purchase of the Online Course within a period of 7 calendar days ("Cancellation Period") from the date on which the contract is concluded but prior to your having accessed any of the Online Courses.
3.2 You must inform the Service Provider of your decision to cancel by emailing to contact@EZAutism.com within the Cancellation Period.
3.3 On cancellation you will be entitled to a refund of the Fees, subject to the deduction of any payment related administrative fee charged by PayPal and / or the bank and its intermediaries based on the payment channel used for purchase of the courses. Any VAT and/or other governmental fees, taxes and costs already paid will also not be refunded.
3.4 Refunds will be made within 60 days of you informing the Service Provider of the cancellation.
3.5 As the contract is for digital content including an Online Course your right to cancel and obtain any refund will be lost if you have given the Service Provider express consent to supply the digital content to you during the Cancellation Period or if you accessed the digital content before the expiry of the Cancellation Period.
3.6 Your order of the Online Course is specifically for you and you will not be permitted to transfer your enrollment in an Online Course to anyone else.
3.7 The Service Provider reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 3 and to charge an additional fee in any such event to cover the administration costs incurred by the Service Provider. Any such additional fees will be communicated to you before you make your decision.
3.8 Except as set out in above, no cancellations and/or deferrals will be permitted for the Online Course. Where the purchase of the Online Courses has been made by the User’s employer or related person, only such persons will have the sole right of cancellation and refund as mentioned above.
4. Access Terms
In relation to Online Courses the following points apply:
4.1 Upon successful payment and or receipt of cleared bank funds you will have access to the Online Course purchased.
4.2 The Online Courses will not be accessed nor completed by any person other than you as the User who will be entitled to accreditation as mentioned in the Website.
4.3 The Online courses are currently hosted on a third party learning platform, TalentLMS . The online content access and usage is on TalentLMS. We reserve the right to change the hosting platform of the online EZAutism courses, make modifications to content of existing courses or technology enhancement.
4.4 From time to time, the Service Provider may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Online Courses.
4.5 Access will not be available to the online training platform and the content upon successful completion of the coarse and / or expiry of the availability period to the user.
5. Annual (or other term) Updates
5.1 For the avoidance of doubt, purchase of a current Online Courses does not entitle you to have access to future revised Online Courses as part of the original purchase.
6. Technical Support and Access
6.1 The Service Provider will provide technical and content support to you, in accordance with the provisions referred to below.
6.2 If you report a fault to the Service Provider, the Service Provider will use reasonable endeavors to provide a solution but the Service Provider does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from the Service Provider then the Service Provider will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
6.3 The Service Provider will use reasonable endeavors to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. The Service Provider reserves the right to suspend access to the EZAutism website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the website.
6.4 You also accept and acknowledge that the Service Provider cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
6.4.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
6.4.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
6.4.3 failures of telecommunications links and equipment; or
6.4.4 updated browser issues.
7. Warranties
7.1 The Service Provider does not make any commitment that the Online Course will be compatible with or operate with your software or hardware.
7.2 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
8. Limitation of liability
8.1 Except as set out in these Terms, the Service Provider shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
8.1.1 indirect or consequential losses;
8.1.2 loss of income or revenue;
8.1.3 loss of business;
8.1.4 loss of anticipated savings; or
8.1.5 loss or corruption of data.
8.2 The Service Provider is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course, or (b) during completion of any Online Course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course, and (ii) all data that you are inputting when completing the Online Course.
8.3 Save as otherwise set out in this section "Limitation of liability", the Service Provider's maximum aggregate liability to you for any claims that you may have against the Service Provider for direct or indirect loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course and any technical support shall be limited to a total amount not exceeding United States Dollars 100/- only.
8.4 The Service Provider will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond the Service Provider’s reasonable control.
9. Intellectual property
9.1 At all times, the Service Provider remains the owner of the intellectual property in the Online Courses content.
9.2 In consideration of receipt by the Service Provider of the Fee, the Service Provider grants to you a non-exclusive, non-transferable license to use the content for the sole purpose of studying and completing the Online Course.
9.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Online Course content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Course content or create derivative works based on the whole of or any part, or which incorporate, the Online Course content into any software program.
10. Data protection
10.1 The Service Provider will process the information it receives from you or otherwise holds about you and the persons designated to do the Online Course by you in accordance with these Terms and the privacy policy. You consent to the use by the Service Provider of such information in accordance with these Terms and the Service Provider's Privacy Policy. The Service Provider will use such information including but not limited to:
10.1.1 perform its obligations and enforce its rights under these Terms;
10.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
10.1.3 inform you of feedback and examination results (if applicable);
10.1.5 The Service Provider may share your information with its agents and service providers for these purposes; and
10.1.6 as set out in further detail in the Service Provider's Privacy Policy.
11. General
11.1 The Service Provider may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the EZAutism website.
11.2 These Terms and Conditions, the EZAutism website Terms of Use, the Privacy Policy and the Privacy Policy of the TalentLMS platform constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions.
11.3 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
11.4 The Service Provider may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
11.5 No relaxation or delay by the Service Provider in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by the Service Provider in writing.
11.6 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
11.7 Any notices required to be served on you by the Service Provider under these Terms and Conditions will be deemed properly served if sent via email address, notified by you to you, at Service Provider 's discretion.
