IMPORTANT INFORMATION / PLEASE READ BEFORE YOU CONTINUE
Dave: YOU SHOULD PUT THIS IN A POP-UP BOX BEFORE THEY GAIN FURTHER ACCESS
TUBORIAL USER AGREEMENT
THIS AGREEMENT COVERS ALL FORMS OF USAGE OF THE TUBORIAL.COM WESBITE INCLUDNG ALL SOFTWARE, AUDIO AND VISUAL CONTENT, MOBILE APPLICATIONS, LINKS, OR ANY OTHER SERVICES AVAILABLE TO USERS OF THE WEBSITE TUBORIAL.COM.
YOU MUST READ ALL OF THIS AGREEMENT BEFORE YOU HAVE OUR PERMISSION AND CONSENT TO USE TUBORIAL.COM AND ANY RELATED SERVICES, PRODUCTS OR OTHER ASPECTS OF THE WEBSITE.
THIS ACCPEPTANCE BINDS YOU AND THE COMPANY IN A CONTRACTUAL AGREEMENT AND YOU ARE UNDER A CONTRACTUAL OBLIGATION TO ABIDE BY AND FULFILL ALL THE RULES, REQUIREMENTS, RECOMMENDATIONS, UNDERTAKINGS, TERMS AND CONDITIONS CONTAINED WITHIN THE AGREEMENT.
This agreement was last updated on the:
If you require a hard copy or Braille copy of this Agreement please send an enquiry to*:
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NOTE: The meanings described below are offered for the avoidance of doubt in case of any dispute arising from use of the Website and in order to help the reader better understand these documents.
In no circumstance may any party claim divisive, creative, deceptive or unrealistic meanings and interpretations for these words to the detriment of the Company or any of its affiliates, partners, employees or other Third-Parties.
We reserve the right at any time to add or remove, change, or re-interpret these meanings in any manner, as and when We consider it reasonable to do so.
“Company” means Rewise Ltd.
“We, Us, or Website” means Tuborial.com and by reference Rewise Ltd (Rewise Ltd is the sole Owner of Tuborial.com).
“User” means any natural or legal person or entity, including but not limited to companies, local or national authorities and any other organisations which enter and/or use the Website.
“You, Yourself, or Visitor” means the User.
“Third Party” means any third party Individual, Company, Corporation, or Organisation which becomes in any way involved with the Company, the Website or any User.
“Terms” means all the Terms and Conditions contained within the entire Agreement.
“Content” means all content displayed on the Website, including but not limited to: audio, visual, brand names, trademarks, advertisements or internal links and banners.
“White-Label content” means proprietary content, including but not limited to videos and audio tracks produced by the Company for display or dissemination on the Website or via other means.
“Course Creator content” means any content which has been provided to the Company by a User under absolute licence to display on the Website or use at our discretion.
“Copyright Holder” means the individual, company or other party who legally owns the Intellectual Property Rights of audio or visual material referred of the material referred to in the text.
“Other Agreements” means any other contracts, undertakings, promises or agreements between the Company and the User or between a Third Party and the Company which may compliment or conflict with this User Agreement.
USER AGREEMENT. This agreement was last updated on the:
- THIS AGREEMENT (“AGREEMENT”) COVERS ALL USAGE OF THE TUBORIAL.COM WESBITE (“US, WE, OR WEBSITE”) INCLUDING ALL SOFTWARE, AUDIO AND VISUAL CONTENT, MOBILE APPLICATIONS, LINKS, OR ANY OTHER SERVICES (COLLECTIVELY REFERRED TO AS “CONTENT”) AVAILABLE THROUGH THE WEBSITE TUBORIAL.COM.
- BY VISITING, SIGNING-IN, REGISTERING, PAYING THE MEMBERSHIP FEE, OR OTHERWISE USING (“USE”) THE WEBSITE FOR ANY PURPOSE, YOU AGREE TO ALL THE TERMS, CLAUSES, POLICIES, RULES AND REQUIREMENTS OF THE AGREEMENT AND AGREE TO ABIDE BY ALL THE RELEVANT NATIONAL AND INTERNATIONAL LAWS AND ANY OTHER APPLICABLE CONVENTIONS OR TREATIES RELATING TO INTERNET USE AND GENERAL CONDUCT.
- FOR THE PURPOSES OF THIS AGREEMENT, THE TERM ‘USER’ INCLUDES ANY LEGAL OR NATURAL PERSON, ENTITY, INDIVIDUAL, OR CORPORATION WHO ENTERS THE WEBSITE IN ANY CAPACITY AND REGARDLESS OF THEIR INTENTIONS.
- ANY PERSON ENTERING THE WEBSITE AS A RESPRESNTATIVE, OFFICER, DIRECTOR OR OTHER EMPLOYEE OF ANY COMPANY OR CORPORATION WILL BE CONSIDERED TO HAVE DONE SO ON BEHALF OF THE COMPANY OR CORPORATION WHICH THEY REPRESENT AND ALL TERMS WITHIN THE AGREEMENT WHICH RELATE TO THEIR USE OF THIS WEBSITE WILL APPLY TO THAT CORPORATION.
- IF YOU DO NOT AGREE WITH ANY OF THE TERMS, POLICIES, RULES AND CONDITIONS SET OUT IN THIS AGREEMENT THEN YOU DO NOT HAVE OUR PERMISSION TO ENTER AND USE THE WEBSITE WE DEMAND THAT YOU LEAVE IMMEDIATELY. FAILURE TO LEAVE THE SITE WILL MEAN THAT YOU HAVE READ AND/OR ACCEPTED ALL THE TERMS OF THIS AGREEMENT UNCONDITIONALLY.
Changes to the Agreement
- The Company reserves the right to change, edit or withdraw this agreement at any time at its sole discretion without notification or justification to any party.
- We will make efforts in accordance with our legal obligations to notify You of any significant changes to the Agreement within a reasonable time-frame and via an acceptable means of communication. However, by becoming a registered member of Tuborial.com, the ultimate responsibility for keeping up-to-date with any alterations to the User Agreement will rest entirely on You and any changes made by the Company to this Agreement will be subject to implied consent evidenced by Your continued Use of the Website.
Limitation of Liability
- You agree unconditionally to indemnify, defend and hold harmless the Company, its representatives, officers, partners, employees and directors from and/or against any claims, damages, obligations, losses, liabilities, costs or debt (including but not limited to legal representation or legal counsel fees) arising from Your use of the Website.
- In no circumstance will Tuborial.com, the Company or its employees, directors, partners, representatives or officers be held liable to You or any Third party for any direct or indirect liabilities arising from Your use of the Website.
- This absolute limitation of liability applies to any incidental, exemplary, consequential, special or punitive damages, loss of profit, loss of service, or any other perceived or implied negative effect resulting directly or indirectly from Your use of the Website.
Membership Cancellation and Returns Policy
- Notwithstanding anything to the contrary contained in the Agreement, the Company’s financial liability will be strictly limited to any monies already paid by customers who wish to cancel their membership within the cooling off period or are otherwise eligible for a refund in accordance with applicable national legislation covering consumer protection and internet transactions.
- In cases where the Company decides after consideration that the User is bona-fide and that the User qualifies for a refund for membership cancellation within the ‘cooling off’ period of 21 days after payment was received, Tuborial reserves the right to charge a reasonable fee to cover any administrative costs directly related to the cancellation of said membership, this will be referred to as the Cancellation Fee.
- As different Users may have different membership fees depending on their predicted Use of the site or any other factor, the cancellation fee will be decided by the Company on a case-by-case basis and will be no more than 15% of the quoted membership fee.
- As the purpose of Tuborial is to aid people’s education through readily accessible online content there may be occasions where the User is required to provide personally identifiable information to Us.
- We hereby commit to treat and deal with the information under the guidelines and obligations set out in the Laws of England and Wales related to the collection, use, storage and disposal of personal, corporate or financial electronic information.
- It is possible to enter the Website as a mere visitor (“Visitor”) without providing any personally identifiable information, we will not intentionally collect personally identifiable information from individuals who simply visit the site without signing up or registering to become a member of our services.
- If a Visitor asks to receive Company information or comments or any publications regarding our Website, products or services, we may ask you for information about Yourself to fulfil this request. You hereby give Us express unconditional consent without to treat that information at our sole discretion, subject to the provisions of national Law and the entire Agreement.
- It may be necessary for Users to provide certain information to become a registered User and create a Tuborial account, enrol in online courses or otherwise use the Website. The personal information we collect may include, but is not limited to: Your Name, Your date of birth, Your Postcode, Your Email Address, other Contact Information, proof of past qualifications and financial information. You give Us consent and permission without limitation, within the parameters of the Law, to use this information at our sole discretion and for any purpose we deem appropriate and reasonable.
- At times it may be the case that the Users personal information is voluntarily shared or passed between Users or to third-parties as part of an online-course or any other service offered through the Website. Any information shared between any Users in this manner is done at their own risk and will be the sole responsibility of the two communicating parties. Tuborial accepts no liability or cause of action relating to information exchanges of this kind.
- At times the personal or contact information provided by Users will be used by the company to send You information regarding future products, services and opportunities and in a manner which we believe is improving Our service to You. You may opt-out of this clause by clicking the relevant link on the Website or by submitting a request to that effect in writing to: email@example.com
- The safety of your information is important to the Company and we commit to take reasonable and practical steps to ensure that Your information is protected. We employ a range of technological and procedural methods to protect the information which is held by the Company against illicit or unauthorised access, theft, alteration, deletion, or any other unforeseen loss.
- The Company cannot, however, guarantee that unauthorised parties will not in all events be prevented from accessing this information via illicit or dishonest means. The Company will not be held liable for any loss arising from unauthorised access by Third Parties to the Website and to any of Your information.
- All data and personal information retained by the Company on behalf of Users will be done so for as long as needed to provide the services requested by the User and to enforce all the requirements of the Agreement and to fulfil all our legal obligations.
- If You feel that the Company holds information about You that is wrong or mistaken please contact us immediately by sending an email to: firstname.lastname@example.org
Terms and Conditions of Use
- We expect and demand that all Users strictly abide by all the national Laws of England and Wales and any other applicable national and international Conventions, Regulations, and Codes of Conduct.
- If the Company becomes aware, by any means, of illegal activity related to Your Use of the Website we reserve the unconditional right to immediately and without prior notice cancel any membership held by You the User and suspend any contact between the Website and the User in question. This right will be unconditional and absolute and no indemnity or refunds for any monies paid to the Company will be available to the perpetrators of said illegal activity
- We will also fulfil our legal and social obligations by passing on any material which we deem relevant to a criminal investigation to the Police and/or the relevant Authorities to deal with as they deem appropriate.
- If the Company becomes aware, by any means, of a User breaching these Terms or the wider Agreement, or any other behaviour which is deemed as a serious wrongdoing or gross misconduct in relation to their use of the Website, the Company will launch, at their complete discretion, an internal investigation into the relevant User’s history and current activity.
- If the Company concludes, at any time, that the User is guilty of wrongdoing or misconduct, We reserve the right, at our sole discretion, to suspend or delete the User’s account and any membership of the Website. This right will be unconditional and absolute and no indemnity or refunds for any monies paid to the Company will be available to those deemed responsible for said wrongdoing or misconduct.
- Tuborial is a video hosting site which aims to offer a range of quality educational content to its Users as a conduit to successful learning outcomes. We hereby commit to act always in good faith and endeavour within all our means to continuously update, upgrade and improve or Website, products and services to the benefit of our valued customer and Users.
- Tuborial is a tube (MOOC VOOC) platform via which Users can watch tutorial videos (‘Tuborials’) and educate themselves on a range of subjects. In certain cases Users will be able to take tests and exams on certain subjects and in many cases may gain either accredited or non-accredited certificates of appreciation/completion where relevant.
- The educational content which can be found on the Website can be classified into different categories: Tuborial “In-house” content and “Course Creator” content.
Course Creators and submitted Content
- Course Creator content is owned by the Course Creator and/or Copyright Holder of the material and is held and used under an absolute unconditional licence by the Company. The Company reserves the right to copy, edit, change, destroy or otherwise treat at their sole discretion any material submitted to the Company for consideration and/or accepted for display on the Website.
- If you are a Course Creator You will have to enter a further contract with Us which details and describes the specific conditions of the relationship between the Company and Yourself and the Terms of any further Agreements between You and Us which are by reference incorporated into this Agreement.
- The ‘profit share’ arrangement between the Company and the Course Creator will take the form of a percentage split of the revenue, after costs have been deducted, received as a result of each delivered course. This arrangement between the Company and Course Creator will be referred to as the “Revenue Share Agreement”.
- The precise arrangement, nature and implementation of the Revenue Share Agreement will be decided at the Company’s sole discretion and on a case-by-case basis after discussions with each Course Creator.
- The Company reserves the sole unconditional Right to alter the Revenue Share Agreement at any time and will notify the corresponding Course Creator of any such changes within 28 Working days of their implementation.
- The Company is under no obligation to consider or use in any particular manner any material submitted to Us for consideration by Course Creators or other Users.
- The Company reserves the right, within the scope of any Other Agreements to the contrary, to decide their own pricing strategy for membership, registration or any other products and services offered through the Website.
- The Company reserves the right to withdraw or temporarily suspend any course or content at any time without prior consent from or notice to any party or User. If a course which has been withdrawn by the Company and has been paid for by a User already, they must submit a written request for a refund within a reasonable period of 31 days from the date that the course was originally intended to commence as detailed in Your ‘course notification’ or other correspondence. Failure to submit a formal request within the stated time-frame will remove your right to a refund and though you may still apply for one after this date, we cannot guarantee that this will be granted.
- If a course has been temporarily suspended You will not be entitled to a refund until 60 days after the date that the course was originally intended to commence as detailed in Your course notification correspondence. You must still apply to Us in writing for a refund before we may consider and where applicable fulfil this request.
Third Party Websites
- The Website may provide links to Third Party websites for which the Company has no responsibility for or control over. You enter and operate this links completely at Your own risk and discretion. The Company accepts no liability for any loss or damage arising from Your use of a Third party link or website.
- Any complaints or suggestions regarding Tuborial’s Website, products, services, or staff can be sent to: email@example.com. We aim to reply to your correspondence within a reasonable time-frame, dependant on our capabilities at the time, we aim for this to be within fourteen days after the receipt of your enquiry, complaint or suggestion.
Equal Opportunities Policy
- com aims to offer opportunities for education, social networking and business affiliations. We have therefore implemented several measures to ensure that all our operations, management and staff adhere to Equal Opportunities legislation.
- The Policy of Tuborial.com is to provide equal opportunities for all on the basis of individual ability, regardless of race, colour, ethnic origin, nationality, citizenship, marital status, gender, sexual orientation, socio-economic status, age, religion, creed, disability, political persuasion or other inappropriate grounds.
- Tuborial aims to ensure that no unlawful or unfair discrimination (whether direct or indirect) or victimisation or harassment takes place on any of the above grounds.
- Tuborial will apply this Policy when carrying out any of its duties including recruitment, assessment and customer support. Tuborial will also seek to ensure that our employees and representatives adopt a fair, equitable and non-discriminatory approach to all sections of the global community.
- In giving effect to this Policy Tuborial will establish, maintain and review mechanisms for resolving grievances, complaints and invoking where relevant disciplinary procedures or other measures to remedy any oversight, misconduct, or infringement.
- com is committed to ensuring that the principle of equality is applied to all its operations and its relationships with all Users and Visitors.