TERMS OF SERVICE
To use KCELS.com (an eLearning Platform)
DATE OF LATEST CHANGES: May 04, 2024
Kress Cooper eLearning System (KCELS) Ltd, a limited Company registered under the laws of England and Wales, owns and operates the website www.kcels.com and its corresponding mobile and web applications (collectively referred to as the “KCELS.com”).
The KCELS.com consists of an eLearning platform available to students located throughout the world where our partner who is providing the fund management services (except the restricted countries under the UN sanctions list). The KCELS.com shall feature a wide array of courses, one-on-one training and different types of classes, all of which shall be accessible or otherwise available for purchase. The KCELS.com therefore enters into partnerships with institutions, course creators, corporate trainers, teachers who provide such live Classes, Courses and Materials through KCELS.com.
The present Terms of Service set forth the terms upon which Kress Cooper eLearning System (KCELS) Ltd shall grant access to the KCELS.com. Users of the KCELS.com are subject to and obligated to comply with the present Terms of Service to download, use and benefit from the KCELS.com.
When used in these Terms of Service, the term “Company” shall refer to Kress Cooper eLearning System (KCELS) Ltd, a private limited Company registered and operating pursuant to the laws of England and Wales. The Company owns, manages and developed the “KCELS.com”.
The term “Classes, Courses and Materials” shall refer to any one or more courses, live classes, pre-recorded courses, course materials, one-on-one training, training sessions, personal tutoring and different types of instruction offered on the KCELS.com.
The term “Dispute” shall refer to any controversy, claim, dispute, question, difference or other conflict between you and the Company arising out of or relating to these Terms of Service.
The term “Professionals” shall refer to any one or more institutions, course creators, teachers and trainers.
The term “institutions” shall refer to any registered schools, colleges, Universities, training institutes etc.
The term “Restricted Countries” shall refer to the following restricted countries: Afghanistan, Central African Republic, Congo, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Mali, North Korea, Somalia, South Sudan, and Yemen.
The term “Gross Fee” shall refer to fee displayed on the KCELS.com
The term “Net Fee” shall refer to gross fee less platform usage fee, transfer fee, invoice issuance services, and others fee, if any retained by the Company.
The term “Terms of Service” or the “Terms” shall refer to the present Terms of Service and shall include any and all amendments, modifications and supplements made thereto from time to time.
The present Terms of Service shall govern the terms upon which you may use the KCELS.com. The present Terms of Service shall be applicable and binding upon your access, visit or usage of the KCELS.com.
Upon accessing, visiting, downloading or using the KCELS.com in any way, you shall be bound and governed by these Terms of Service, in their entirety. Your usage of the KCELS.com shall be construed as your acceptance of these Terms of Service. If you do not agree with these Terms of Service, even partially, please refrain from accessing, visiting or using the KCELS.com.
You acknowledge that the Company may update these Terms of Service and other related policies and rules from time to time, at Company’s discretion. The most recent version of these Terms of Service shall be published on the KCELS.com. The updated Terms of Service shall specify the date of the latest update made thereto.
You are encouraged to periodically review these Terms of Service to ensure you are aware of and compliant with the latest version of these Terms of Service.
All updates to these Terms of Service shall be binding as of the date specified in the header. Your usage of the KCELS.com pursuant to the publication of the updated Terms of Service shall constitute your agreement to be bound by the updated Terms of Service.
To be eligible to use the KCELS.com, you confirm and represent the following to the Company:
The Company reserves the right to work with users and Professionals based or otherwise residing in specific countries, as named and identified by the Company.
You may visit or access the KCELS.com without creating a user account on the KCELS.com, however, some portions of the KCELS.com and its content may be inaccessible without a valid user account.
To create a user account on the KCELS.com, you must be at least eighteen (18) years old. If you are below the age of eighteen (18), you must have your parent or legal guardian create a user account on your behalf on the KCELS.com. Upon Company’s discovery that a user account was created by a user who is under the age of eighteen (18), the Company shall terminate such user account, without liability and without prior consent.
In furtherance of the creation of your user account, you shall be asked to provide personal or private information, such as your first name, last name, email address, mobile number username and password etc.
You confirm to the Company that all personal data you provided in connection with your user account shall be accurate, true, complete and current to the best of your knowledge. You shall be responsible for updating any personal data submitted on the KCELS.com which becomes outdated, expired or no longer valid.
All personal information or data submitted as part of a user account shall be handled according to Company’s Privacy Policy, as published on the KCELS.com.
In the creation of your user account, you may consent to Company using the personal data you provided for marketing purposes.
Your user account on the KCELS.com shall be secured by a password. You shall be responsible for ensuring the password to your user account remains confidential and secret. In the event of a security breach, such as loss, theft, unauthorized usage of your password or compromised password, you agree to notify Company at your earliest convenience by sending us an email at [email protected]; and writing in the subject of the email “Password Breach” along with your ID.
Your user account shall be personal and may only be used by you. You may not use a user account that does not belong to you. You shall therefore refrain from sharing your login details with any third party. As such, you may not transfer your user account to any third party, including employees, colleagues or other third parties. Any usage or access of another user’s account on the KCELS.com shall be strictly prohibited.
You shall be held responsible for all acts, content, and omissions arising out of or relating to your user account. You agree not to engage in unacceptable use of your user account and to strictly comply with the obligations contained in these Terms of Service.
The Company declines all liability for losses or damages caused by unauthorized usage of your user account. You shall be held liable for any purchases and charges incurred by or using your user account.
You are responsible for all conduct, actions and omissions relating to their usage of the KCELS.com. You therefore agree to not engage in unacceptable use of the KCELS.com. You are strictly from using the KCELS.com to:
You further agree to comply with Internet safety standards. You may be held personally responsible for their failure to comply with such guidelines and standards.
You may delete your user account by following the specific instructions to this effect provided on the KCELS.com. Upon the deletion of your user account, you understand that all Content and Videos purchased under such user account shall no longer be accessible.
The Company reserves the right to investigate any potential breach of these Terms of Service, any applicable legislation, regulations or binding terms. You shall be required to cooperate with Company during the course of any such investigations by submitting requested documentation or information.
The Company reserves the right to suspend your user account for which Company has reason to believe is being accessed by multiple individuals or entities. The determination thereof shall be made by the Company at its sole discretion based upon information available.
The Company may terminate your user account, without liability and without prior notice, if you uploaded any content of a religious, political or sexual nature, or if you have engaged in inappropriate or abusive conduct. The Company may terminate your user account for any reason without providing a written notice. Further, the Company may revoke or terminate your user account on the KCELS.com if you acted in a way that is contrary to these Terms of Service. You waive any rights or recourses you had, have or may have against the Company in connection with the suspension or termination of your user account by the Company.
The Company shall terminate the user account in the event of the death of a user. The Company shall also terminate any user accounts which have been inactive for a period exceeding six (6) months.
All ongoing provisions of these Terms of Service shall remain applicable and binding, even following the termination of your user account, including those relating to intellectual property and copyrights, disclaimers and warranties, limited liability and indemnification.
Institutions shall be responsible for registering on the KCELS.com. To register on the KCELS.com, the institution shall provide the following information on the KCELS.com: The institution’s name, address, trade license, date of establishment and the course(s), program(s) taught by the institution etc.
To obtain payment for the provision of the Classes, Courses and Material, the institution shall provide to the third party who is managing payment, the institution’s financial information, such as bank account or any other financial details etc.
Institutions listed and approved on the KCELS.com shall be permitted to add Classes, Courses and Material on the KCELS.com, subject to the approval of Company’s administrator. Institutions shall set the rates for Classes, Courses and Material, at the institution’s full discretion and without interference by Company.
Institutions shall be permitted to add new teachers and existing teachers held on the KCELS.com. Any teachers listed on the KCELS.com in connection with an institution shall teach only with such institution, unless such institution has consented to non-exclusivity. The institution shall be responsible for entering into a binding agreement with its teachers, acknowledging that the Company shall not be party to such agreement.
Where applicable, the teacher(s) retained by the institution shall submit a draft timetable to the institution for approval. The teacher(s) shall revise the timetable as needed until the institution has approved the revised version thereof. The approved timetable shall be published on the institution’s dashboard on the KCELS.com, thereby rendering it available for review by students.
Once the Classes, Courses and Material are available for purchase on the KCELS.com, students may then be able to buy the Classes, Courses and Material offered by the institutions. Where live classes have been bought by the students, the teachers registered with the institutions, shall deliver the live lecture through the built-in teaching system at the KCELS.com.
Course creators shall be responsible for registering on the KCELS.com. To register as a course creator on the KCELS.com, course creators shall provide their phone number and verify their email addresses. Course creators shall then create a profile by following the instructions set forth on the KCELS.com.
To obtain payment for the provision of pre-recorded courses, the course creator shall provide to the third party who is managing payment, the course creator’s financial information, such as bank account or any other financial details etc.
The course creators shall then be permitted to upload pre-recorded courses on the KCELS.com. The course creators shall benefit from the authority and discretion to set the rates for pre-recorded courses and the rates for each chapter, without interference by the Company. The Company’s administrator shall review and if appropriate, shall approve the offering and the rate.
Once the pre-recorded course and the rate have been approved by the Company, they shall be available for purchase on the KCELS.com. Students may then be able to buy the courses created by the course creators.
Teachers shall be responsible for registering on the KCELS.com. To register as a teacher on the KCELS.com, teachers shall verify their email addresses and provide their phone number. Teachers shall then create a profile by following the instructions set forth on the KCELS.com. The teachers shall list their subjects of interest and indicate availability and the pricing to provide live lectures through the built-in system on the KCELS.com.
To obtain payment for the provision of the live Classes, Courses and Material the teacher shall provide to the third party who is managing payment, the teacher’s financial information, such as bank account or any other financial details etc.
Once the teacher’s subjects of interest and available time slots have been published on the KCELS.com, students may reserve a time slot and register with the teacher paying the corresponding fees. The teacher shall then deliver the requested lecture or personal tutoring through the built-in teaching system at KCELS.com to the student during the scheduled time slot. The tutoring provided by the teacher shall be personal and shall consist of tutoring granted to one (1) student at a time to allow for individualized attention, unless registered with the institution where teachers will be delivering live lectures to many students at a time.
The teachers have an option to create courses of their interest as well which shall follow the terms as given in the course creator section.
Trainers shall be responsible for registering on the KCELS.com. To register as a trainer on the KCELS.com, trainers shall verify their email addresses and provide their phone number. Trainers shall then create a profile by following the instructions set forth on the KCELS.com. The trainers shall list their field of interest and indicate available time slots and the pricing to provide live training through the built-in system on the KCELS.com.
To obtain payment for the provision of the live training, the trainers shall provide to the third party who is managing payment, the trainer’s financial information, such as bank account or any other financial details etc.
Once the trainer’s subjects of interest and available time slots have been published on the KCELS.com, trainee may reserve a time slot and register with the trainer paying the corresponding fees. Once the slot has been purchased by the trainees, the trainer shall then deliver the requested training to the student during the scheduled time slot through the built-in teaching system at the KCELS.com. All training sessions shall be held and presented to multiple students at once. As such, the training shall not be personal; rather, it shall be provided in a group setting.
The Company charge a service fee, known as the 'Platform Usage Fee' to Professionals only. The 'Platform Usage Fee’ is applied to every Class, Course or Material delivered by the Professionals through the KCELS.com. The Company retains the authority to adjust the ‘Platform Usage Fee’ at its discretion and will inform Professionals of any fee modifications in advance of their implementation.
For the prerecorded courses, the company is charging “'Platform Usage Fee” 12.5% of gross fee, while for the live classes conducted by the Professionals through the KCELS.com, the Company is charging 15% of the gross fee. The fee for the live classes is higher, as it involves the use of the server.
The company will transfer the funds to the Professionals and provide them invoice issuance services. For these purposes, the company will charge 2.5% of the Gross fee.
A significant portion of 'Platform Usage Fee is allocated towards attracting students from various parts of the world to KCELS.com. Additionally, we heavily invest in optimizing the platform and enhancing its technical capabilities to establish a top-tier online learning environment that will elevate your tutoring experience. Our goal is to simplify things for you so you can concentrate on your students.
Payments from students will be handled through a reputable third-party payment handling company based in the UK, referred to as the “PHC” herein. The PHC will ensure compliance with UK laws governing financial transactions. Except the restricted countries, and countries for which the PHC is not providing services, the students will be able to buy the Classes, Courses and Material from anywhere across the globe.
The Company will process the net amount due to the Professionals through the PHC. In a commitment to ensure timely compensation, the company will transfer the net amount owed to its Professionals every 15 days. This approach not only promotes financial stability but also fosters a sense of reliability and trust between the company and the Professionals associated with it.
It is important to note that the minimum due to the Professionals should be USD 100. The company has opted to utilize the PHC for these transactions, leveraging its secure and efficient platform to facilitate the seamless transfer of funds. This streamlined payment process underscores the company's dedication to supporting its Professionals and upholding a transparent and efficient financial system.
Since the student ordered the Classes, Courses and Material from the Professionals mentioned at the KCELS.com, so upon receipt of fee from the student, the receipt slip will be generated automatically by the Company on behalf of the Professionals. KCELS.com plays no role in the provision of Classes, Courses and Materials; the mentioned Professional is solely responsible for these duties. The receipt slip serves solely to display and document the details of this transaction and should not be regarded as an invoice issued by the Professional.
For the sales of Classes, Courses and Materials by the Professionals through the KCELS.com, the Company will generate and share the invoices with the students on behalf of the Professionals. The invoices issued by the Company will accurately reflect the transactions between these Professionals and the students enrolled for their Classes, Courses and Materials.
The Company will incorporate the correct Value Added Tax (VAT) amount in invoices for students on behalf of Professionals. This practice aids in tax regulation compliance and streamlines the transaction process for both parties. By handling VAT collection for Professionals, the Company facilitates adherence to tax laws and enhances transaction efficiency between Professionals and students.
Professionals are responsible for evaluating their duty to register for VAT and other taxes in the jurisdiction where their students reside. By ascertaining their compliance needs, Professionals ensure adherence to tax laws and manage all regulatory matters effectively within their respective jurisdictions. If the Professionals fail to register for VAT where required, or other compliance the Company will not assume responsibility for their non-compliance. It is the duty of the Professionals to be compliant in jurisdictions where they are obligated to do so.
Professionals must provide their VAT registration number when registering at KCELS.com if they are or obligated to register for VAT purposes. This ensures compliance with tax regulations and facilitates accurate invoicing and tax reporting on the e-learning platform. Professionals who are registered for VAT are accountable for submitting VAT returns and adhering to the tax laws applicable in their specific jurisdiction. Compliance with these regulations is essential to ensure proper tax reporting and adherence to legal requirements related to VAT obligations.
The operating company of KCELS.com will issue invoices in the name of Professionals, including schools, colleges, teachers, trainers, and course creators, for the usage of the platform. The fee charged to Professionals will encompass the platform fee, amount transfer fee, invoice issuance services etc. The Company will not charge any fee to students for the usage of the platform.
The Company will take responsibility for ensuring compliance with all regulations and requirements related to its invoicing and fee charges to Professionals for using the platform. The Compliance includes accurate invoicing, transparency in fee structures, and adherence to legal standards for financial transactions.
The Professionals are responsible for verifying the accuracy of the invoiced fees and promptly addressing any discrepancies.
16.1 Approval of Classes, Courses and Materials
All profiles, and Classes, Courses and Materials shall be submitted to the Company for approval. The Company’s designated administrator shall be responsible for viewing all profiles and Classes, Courses and Materials, and providing its approval prior to the publication and sale thereof on the KCELS.com. Any amendment or changes to the Classes, Courses and Materials must also be submitted to the Company’s administrator for review and approval.
Please note that the Company strongly discourages the use or involvement of unions associated with the Professionals.
The Company’s designated administrator shall benefit from the right to reject any profile, Classes, Courses and Materials that: (i) do not comply with these Terms of Service, (ii) are of an offensive nature, (iii) are of a religious nature, (iv) promote violence or illegal acts; or (v) are otherwise problematic, as determined by the Company at its discretion. Any profile, Classes, Courses and Materials rejected by Company’s administrator shall not be published on the KCELS.com.
Students shall gain access to Classes, Courses and Materials by paying the applicable fees, and logging into their user accounts on the KCELS.com. Students acknowledge that certain Classes, Courses and Materials may be subject to a fee or may only be accessible pursuant to the purchase thereof.
Students acknowledge and understand that all Classes, Courses and Materials available for purchase on the KCELS.com are owned exclusively by Company. The Company holds all copyrights to the Classes, Courses and Materials accessible on the KCELS.com. By providing access to the Classes, Courses and Materials, the Company does not grant any express or implied ownership right to the Classes, Courses and Materials.
For the avoidance of doubt, students shall have no ownership rights to the Classes, Courses and Materials: They shall only be allowed to download to view and access the Classes, Courses and Materials for personal use.
Following the completion of live classes (offered by the institutions, teachers,
and trainers), students shall be provided with a link to download the recorded classes; and the same class
shall be stored in their account at KCELS.com. Such recording shall be provided to view the class again and
again; and this down link shall expire with in seven (7) days following the date of the completion of the
class; or other extended period as provided by the Company.
Students are unable to cancel the purchase of pre-recorded courses and live classes on KCELS.com. Upon purchase, students will have access to downloaded courses they have acquired. Moreover, the download link containing the recording of the live class will be shared with students, allowing them to fully benefit from the class content. Students are granted full rights to access and utilize the downloaded pre-recorded course material. The download link provided for the recording of the live class enables students to make the most of the educational content at their convenience.
The Professionals that listed their Courses on the platform can remove their Courses from the platform. Additionally, Professionals offering live classes can cancel their classes with a minimum notice of 72 hours before the scheduled start time by sending an email at [email protected]; and writing in the subject of the email “Cancel Class” along with your ID.
16.5 License Granted
Upon purchasing the Classes, Courses and Materials from KCELS.com, conditionally upon receiving the appropriate payment for the purchase, you shall be granted a limited, non-exclusive, revocable and royalty-free license to enjoy the class and use the Courses purchased for personal use. The Classes, Courses and Materials purchased shall generally be accessible on an ongoing basis, until such recorded Classes, Courses and Materials are disabled on the KCELS.com.
The license granted shall not grant you any express or implied right to the Classes, Courses and Materials. The license shall only allow you to use, and access the Classes, Courses and Materials for personal usage, in accordance with the requirements set forth in these Terms of Service. In the event that you chose to download, print, reproduce or copy the Classes, Courses and Materials for personal usage according to these Terms of Service, you agree not to remove, obscure, or alter any notice of intellectual property rights present on or in the Classes, Courses and Materials or any portion thereof.
It is strictly prohibited to transfer, sublicense, resell or otherwise monetize the Classes, Courses and Materials purchased. Accordingly, the license to the Classes, Courses and Materials granted to you shall not allow you to:
You acknowledge that any usage of the Classes, Courses and Materials that violates these Terms of Service shall give rise to the termination of the license granted. The Company reserves the right to terminate the license granted at any time, at its discretion. If you violate any of the terms contained herein, the Company may terminate the license without notice or delay.
You further acknowledge that any unauthorized usage of the Classes, Courses and Materials may violate intellectual property laws and other applicable laws. Moreover, the license granted to shall terminate upon the earlier of: (i) the date of the end or disablement of the Classes, Courses and Materials, as applicable, or (ii) the termination of your user account on the KCELS.com. The Company may terminate or revoke the license granted at any time to comply with legal obligations or in accordance with these Terms of Service.
Considering the Classes, Courses and Materials are generated by Professionals, the Company is unable to guarantee the quality, suitability and integrity of the Classes, Courses and Materials. The Company shall not be liable for any errors, issues or losses caused by the Classes, Courses and Materials published on the KCELS.com. Further, the Company disclaims all warranties and guarantees in connection with any Classes, Courses and Materials published on the KCELS.com. As such, Company does not guarantee that the Classes, Courses and Materials shall be appropriate, accurate and without error.
16.7 Pirated Material Policy
Each Professional is responsible for ensuring the Classes, Courses and Materials provided on the KCELS.com constitute the Professional’s original work, and are not in any way copied, reproduced, pirated or plagiarized from a third party. The Company abides by a zero-tolerance policy for pirated or plagiarized materials. Any Classes, Courses and Materials found to be plagiarized, even in part, shall be promptly removed from the KCELS.com, and the uploading Professional shall be subject to sanctions and penalties, as set forth in these Terms of Service and as determined by the Company.
Students may not chat with other students on the KCELS.com, however, students may initiate a chat with a Professionals on the KCELS.com. Professionals may not initiate chats with students on the KCELS.com: Only students shall be permitted to commence such chats with Professionals. Students may not send false, misleading, defamatory, erroneous, insulting, harassing or disruptive messages to a Professionals on the KCELS.com.
Students may only communicate with Professionals on and via the KCELS.com. It is prohibited for students to communicate with Professionals off the KCELS.com.
The Company has no tolerance for chats or exchanges on the KCELS.com that are objectionable, abusive, illegal, threatening, unethical, defamatory, of a pornographic nature, fraudulent, or otherwise inappropriate. The Company reserves the right to edit, delete, or remove chats exchanges from the KCELS.com which violate these Terms of Service. Moreover, the Company may revoke your ability to engage in chats on the KCELS.com for any reason Company deems to be proper or appropriate.
Considering interactions between students and the Professionals shall take place on the KCELS.com, The Company reserves the right to access and monitor all exchanges between them for compliance purposes. The Company may review exchanges to ensure both parties comply with the obligations set forth in these Terms of Service. The Company may impose any sanction deemed appropriate in the event Company discovers any unethical, unauthorized or otherwise problematic correspondence between a student and the applicable Professional.
You may purchase Classes, Courses and Materials on the KCELS.com by paying the appropriate fee listed. You shall be responsible for verifying the price of the purchase prior to making the corresponding payment. Unless otherwise indicated, the payments for the Classes, Courses and Materials are exclusive of any taxes and duties. You are responsible for paying taxes charged in connection with your purchase of the Classes, Courses and Materials.
The Classes, Courses and Materials must be prepaid. Third party through which payment is being handled accepts payments by credit card, debit card and other payment methods listed on the KCELS.com. Upon your purchase of Classes, Courses and Materials, you agree that the Company shall charge your credit card, or the payment information provided. You shall then be provided with an order confirmation by email. The order confirmation shall specify the date, time, and all applicable information relating to the purchased Classes, Courses and Materials.
The Company may store, or use a third party to store your payment information to provide for recurring payments. If your payment information is invalid or otherwise unacceptable, the Company reserves the right to cancel your purchase.
All purchases made on KCELS.com are considered final and are generally non-refundable, unless authorized by the Company in instances where students are dissatisfied with the purchase of Classes, Courses and Material.
If a student is unsatisfied after the delivery of a Classes, Courses and Material, they may submit a refund request within one (1) week from the date of purchase or provision of the Classes, Courses and Material. The Company will assess each refund request to determine its validity. If approved, the refund amount will be credited to the student's account for future purchases. Refund requests can be submitted to the Company via email at [email protected]; and writing in the subject of the email “Refund” along with your ID.
In cases where Classes, Courses and Materials are not accessible due to technical issues or the unavailability of Professionals to conduct the Classes, Courses and Material, refunds will be processed by crediting the refund amount to the student's account for future use.
Any additional payments made to Professional under circumstances where Classes, Courses and Materials were not delivered as expected should be returned by the Professional to the Company's account using the payment method specified by the Company.
Following the participation in Classes, Courses and Materials, you may elect to provide a rating. You may add a comment to the rating provided. When writing a comment, you should ensure it is the truthful, accurate and fair based upon the Classes, Courses and Materials delivered.
The Company reserves the right to remove, delete or withdraw ratings or comments which are problematic, not genuine or unreasonable, as determined by the Company at its sole discretion. The Company may also remove, delete or withdraw ratings or comments that violate these Terms of Service.
The company cannot offer free Classes, Courses and Material and even does not control it. The student can view the given video, qualification, rating, experience etc. of the tutor or trainers to assess their profile to get the live classes. The Professional can offer free Courses and Materials at any cost as per their discretion.
You agree not make any statements, or cause others to make any statements, written, verbal or otherwise, that defame, disparage or in any way criticize the reputation, practices or conduct of Company and the KCELS.com, on any platform or using any medium, including but not limited to social media platforms.
Nothing in these Terms of Service shall be construed to constitute you as an agent, employee, or joint venturer of Company. For all purposes, the Company shall operate as an entity independent from you. These Terms of Service shall not establish an employment relationship, franchise, joint venture, agency or partnership of any kind between you and Company.
Trademarks, logos and intellectual property relating to Company and the KCELS.com are proprietary to Company. The Company’s trademarks, logos and intellectual property may not be reproduced or shared without Company’s prior written consent. All intellectual property directly relating to Company and the KCELS.com is Company’s sole property. The Company is the exclusive owner of such intellectual property throughout the world, without limitations of time or space.
Any content that has been licensed to Company remains the property of its respective owners. Please note that the reproduction, transmission, sharing and distribution of all or part of any the content, materials and courses on the KCELS.com is expressly prohibited, except as provided under these Terms of Service.
The Company and the KCELS.com’s trademarks and logos are protected by copyright laws. You may not use such trademarks and logos for any purpose other than to benefit from the Classes, Courses and Materials offered on the KCELS.com in strict compliance with the terms set forth herein.
Force Majeure events consist of unforeseeable events beyond Company’s reasonable control, and may include government orders, pandemics, epidemics, failure of telecommunications networks, fires, hurricanes and other natural disasters.
During a Force Majeure event, Company’s obligations under these Terms of Service shall be suspended, and shall resume upon the resolution of the Force Majeure event. The Company declines responsibility for any failure to perform its obligations due to a Force Majeure event. If the Force Majeure lasts longer than seven (7) consecutive days, Company may choose to permanently terminate or alter its obligations and services pursuant to these Terms to account for the Force Majeure event.
To protect the privacy and security of personal data transmitted on or via the KCELS.com, Company has implemented strict control procedures to safeguard all personal information and information. All such control procedures comply with applicable data privacy and protection legislation, including but not limited to the General Data Protection Regulation (commonly abbreviated as GDPR).
Any disclosure of your personal data shall be transmitted to employees and affiliates on a “need to know” basis. You recognize that the Company may use your personal information for correspondence and communication purposes, to provide the Classes, Courses and Materials requested on the KCELS.com and to ensure the continuity of the KCELS.com.
The Company invites you to consult Company’s Privacy Policy, as published on the KCELS.com, for further information regarding the collection, storage, usage and handling of personal data obtained from or in connection with the KCELS.com.
The KCELS.com shall be provided “as is” and “as available”, without any warranties or guarantees of any kind. To the fullest extent permitted by law, the Company disclaims all express, statutory or implied warranties.
The KCELS.com shall be provided without warranties of any kind, including warranties that express, statutory or implied. As such, Company shall not provide any of the following implied warranties with respect to the KCELS.com and the Classes, Courses and Materials provided thereon: implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are disclaimed. The Company cannot guarantee the KCELS.com and the Classes, Courses and Materials provided thereon shall meet your needs or expectations.
The Company shall not be responsible for engaging in any verifications, whether through a third party or otherwise, of the identity and authenticity of Professionals and students.
You acknowledge that any communications and interactions held on the Internet are never fully secure. You recognize that there are certain risks associated with communicating and interacting on an Internet-dependent platform, such as the KCELS.com. Consequently, you agree that your usage of the KCELS.com shall be at your sole risk and expense.
You recognize that technical issues may arise when using the KCELS.com. Such issues may delay, suspend, cause freezing, cause bugs or other issues, terminate or completely prevent access to the KCELS.com. The Company disclaims all liability for: (i) any issue affecting Company’s servers, including unauthorized access to personal data; (ii) any service interruptions, bugs or other issues affecting the KCELS.com; and (iii) a virus or other harmful component impairing the KCELS.com, or the device you used to access the KCELS.com. For purposes of these Terms of Service, harmful material shall include viruses, Trojan horses, keystroke loggers, spyware, adware or other programs and codes intended to harm or adversely affect computer software or hardware.
The Company has implemented processes and procedures to ensure the continuity of the KCELS.com, however, Company shall not be responsible if any Classes, Courses and Materials are corrupt, contain a virus or do not function as advertised. You shall be solely responsible for ensuring that any information or content downloaded or obtained from the KCELS.com does not contain any virus or other harmful element. You therefore agree that the Company shall not be liable in any way in case of any loss, damage or claim arising out of a corrupt file, virus or harmful component or software of any kind.
You agree to release, waive, discharge, and hold the Company, its affiliates, shareholders, employees, agents, officers, directors and consultants harmless from any and all liability, claims, demands, actions, and causes of action of any nature arising out of or related to any loss, damage, or injury, disputes with a Professional or other claim that may be caused or otherwise incurred in connection with using the KCELS.com, or due to use or misuse of the KCELS.com.
To the fullest extent permitted by applicable laws, the Company excludes full liability for any and all indirect, incidental, special or consequential damages, injuries, losses, property damages, claims, fees, costs or damages of any nature, however caused and under any theory of liability in connection with the KCELS.com and/or usage of the KCELS.com. Further, the Company declines all liability for any claims, losses or damages arising out of any misuse or negligence of any user on the KCELS.com. The foregoing exclusions of liability shall apply regardless of whether the liability is based upon contractual matters, strict liability or another theory of law.
You acknowledge that Company’s role shall be limited to acting as an intermediary with respect to transactions involving students and Professionals. The Company, by way of the KCELS.com, shall facilitate the provision of Classes, Courses and Materials as well as exchanges between students and Professionals.
Acknowledging Company’s role as an intermediary, you agree that the Company shall not be liable for any erroneous, faulty, incomplete, damaging, incorrect or otherwise misleading Classes, Courses and Materials provided by Professionals. Further, Company shall not be responsible for any opinions, comments or advice provided by the Professionals. The Company is unable to guarantee that all information provided by the Professionals in Classes, Courses and Materials is true and accurate. As an intermediary, Company cannot control the quality or the effectiveness of the advice, opinions and recommendations provided by the Professionals. Any views expressed by the Professionals shall be those of the Professionals, and shall not bind Company.
If you do not agree with these Terms of Service, even in part, your sole and primary recourse shall be to cease using the KCELS.com.
To the fullest extent permitted by applicable law, Company’s aggregate liability pursuant to these Terms of Service shall not exceed the sum paid by the affected user in the one (1) month preceding the event giving rise to the liability.
The KCELS.com may provide links to third party websites or applications. The links to third party websites or applications provided on the KCELS.com shall for reference and convenience purposes only.
You agree that the Company shall not be responsible for the accuracy or the third-party links, the availability of the third party links or any content provided under or as part of the third party links. Your use of the third-party links shall be subject to the third party’s policies and specific terms, and not the present Terms of Service. You agree to use the third-party links at your sole risk.
You acknowledge and agree that the inclusion of any links or profiles on the KCELS.com shall not imply Company’s endorsement or any association with such third party links. These constitute independent third parties to Company. The publication of the links, images, logos, and referrals on the KCELS.com shall not be interpreted as Company’s affiliation with the same.
You agree to indemnify and hold Company, its agents, employees, officers, directors, contractors, and affiliates harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations, losses, fines, penalties, fees, charges, damages, or suits brought by a third party, arising out of (i) your usage of the KCELS.com; (ii) your negligence, recklessness or intentionally wrongful act(s), (iii) your violation, contravention or breach of any covenant, agreement or obligation in these Terms of Service; (iv) any incorrectness in any representation or warranty you made in connection with these Terms of Service; or and/or (v) your execution or non-performance of its obligations under these Terms of Service. Your indemnification obligations towards Company shall not apply in case of fraud or gross negligence committed by Company.
If Company shall, without fault on its part, be made a party to any litigation commenced by or against you, then you agree to protect, indemnify and hold Company harmless from all costs, expenses and reasonable legal fees incurred or paid by Company in connection with such litigation.
Considering students may interact with Professionals and enter into transactions using the KCELS.com, it is possible for a disagreement to arise between a student and a Professional. If this occurs, Company asks you to send a detailed email describing the disagreement and the desired outcome. All relevant details of the disagreement should be submitted to Company for purposes of review and handling. If necessary, Company may request that you provide additional information.
The Company shall employ reasonable efforts to find a mutually-acceptable resolution of the disagreement based on the facts and each party’s rights and obligations as specified in these Terms of Service. Considering Company shall handle the disagreement, you agree not to submit the dispute to any court or arbitrator.
You acknowledge that the Company shall use reasonable efforts to resolve the disagreement in a manner that accommodates both parties but Company is under no legal obligation to secure a resolution that satisfies both parties. Accordingly, any decision rendered by Company with respect to a disagreement between users shall be deemed final, and without appeal. As a result, you agree to fully release and discharge Company from all claims, losses, damages, liabilities, obligations, rights, remedies and causes of action of every nature, that you have, may have or had against Company arising out of the disagreement and the outcome of such dispute.
You are strictly prohibited from assigning any rights or obligations granted under these Terms of Service, except with Company’s prior explicit written consent. The Company may assign its rights and obligations in these Terms of Service, without permission or restriction, provided that Company’s assignee assumes the entirety of Company’s obligations and liabilities hereunder.
The present Terms of Service, including any policy and document referred to herein, shall constitute the entire agreement between Company and you with respect to the subject matter contemplated in these Terms of Service. The latest version of these Terms of Service shall supersede all prior negotiations and agreements between Company and you regarding the subject matter hereof.
If Company does not insist upon the performance of any term in these Terms of Service, this shall not operate as a waiver of Company’s rights nor shall it relieve you of your obligations under these Terms of Service. Additionally, in the event that Company delays, suspends or fails to exercise any rights granted by these Terms of Service, this shall not operate as a waiver of Company’s rights.
If any provision or section in these Terms of Service is held to be unenforceable by law or a competent court, the provision or section shall be severed from the Terms of Service. The provision or section may be redrafted to preserve the original intention to the fullest extent permitted by law. Any severed or redrafted term or section shall not affect the remainder of these Terms of Service, which remain enforceable.
These Terms of Service, any claim under these Terms of Service, and/or any matters relating to the KCELS.com shall be governed by the laws in force in England and Wales, without regard to any conflict of law principles.
Prior to undertaking any legal or arbitration proceedings, the parties shall make reasonable efforts to resolve all Disputes amicably. In good faith, you shall employ its best efforts, which shall be no less than commercially reasonable efforts, to resolve the Dispute with Company in an amicable manner.
In the event that the Dispute cannot be resolved amicably within thirty (30) days from the date of its initiation, the unresolved Dispute shall then be handled through mediation administered in accordance with the standards set forth by the International Chamber of Commerce. All mediation sessions shall be held in the United Kingdom. The language to be used in the mediation sessions shall be English. Each party to the mediation shall bear its own costs for the mediation sessions.
Should such mediation prove unsuccessful in resolving the Dispute, the Dispute shall be referred to and finally resolved by binding arbitration. Should the unresolved Dispute be referred to arbitration, the arbitration shall be conducted under the Rules of the London Court of International Arbitration (the “LCIA”). The appointing authority shall be the LCIA. The standard LCIA Administrative Procedures and Schedule of Costs shall apply. The seat of the arbitration shall be in the United Kingdom. The language of the arbitral proceedings shall be English.
Each party shall bear its own costs and fees for participating in the arbitration. Such fees and costs shall include administrative costs and the fees payable to the arbitrator.
The arbitration proceedings shall be kept strictly confidential. The arbitrator shall be granted the required authority to award damages and relief, if needed, similarly to a court of law. The arbitration award shall be final and binding. The arbitration award shall be confirmed in writing.
Notwithstanding the foregoing, any unresolved Dispute may be brought before a court of law located in England, at any time, subject to both parties’ approval.
You recognize that any violation of these Terms of Service or any breach of any section thereof may cause Company significant harm and damages, especially if such violation or breach relates to data security, intellectual property or unauthorized usage of the KCELS.com. Further, you acknowledge that monetary damages may not be a sufficient remedy for a breach or violation of these Terms of Service. The Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
You waive your right to a jury trial in any litigation or arbitration proceedings commenced in connection with these Terms of Service and the KCELS.com. You acknowledge that the arbitration proceedings shall be individual and shall not consist of class arbitration. All claims shall be brought in your individual capacity, and not as part of a class action or another party’s claim.
Any claim or Dispute relating to these Terms of Service or the KCELS.com shall be introduced within six (6) months of the event giving rise to the claim. Any claim or Dispute introduced after the six (6) months delay shall be barred.
You acknowledge and agree that the Company may send emails regarding the Learning KCELS.com may be asked to provide their current and valid email address. As such, any emails sent by Company to the email address you indicated shall be deemed properly transmitted and effective as per the Terms.
You may provide feedback and suggestions to Company with respect to the KCELS.com and any Professional. You agree that all feedback and suggestions you provided shall be given entirely voluntarily. The Company may use your feedback and suggestions but shall not be bound by such feedback and suggestions. You can send the feedback by filling the form at the KCELS.com; or by dropping us an email at [email protected], by writing “Feedback” and your ID in the subject of the email.
The Company invites you to send questions, inquiries, and feedback regarding the KCELS.com or any matter contemplated under these Terms of Service. Upon Company’s receipt of your request or inquiry, Company shall perform the required verifications and investigations, if required. Once Company has collected the information available, Company shall provide you with information that is public, non-private and readily available.
(the end)