The information ("Information") accessible by you ("Visitor") using the ICAN website.
The Services enable students ("Students") to connect to real and recorded instruction, tutoring, and other learning services (the "Courses") members ("Members") to connect with other Members and receive other professional Services. The Services include, without limitation, providing information by email and/or on the website, facilitating and delivering Courses and supporting materials, taking feedback from Users, providing educational products for sale, CPD and course validation/certification and other professional services.
Your continued use of The Service after changes become effective shall mean that You accept those changes. You should visit The Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
ICAN may modify The Services or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorised to supply such information and hereby authorise ICAN to charge your credit card on a regular basis to pay the fees as they are due.
If your payment method fails or your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any of The Services pending resolution of any amounts due by You to ICAN.
All of your use, access and other activities relating to The Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. You agree to comply with all applicable laws regarding the transmission of technical data exported from the European Union or the country in which You reside. You must agree to abide by all local rules regarding online conduct and acceptable content.
Your ICAN membership will continue until terminated. Unless you cancel your membership before your payment date, you authorise us to charge your membership fee to your Payment Method (see "Cancellation 5.3" below). To use ICAN service you must have Internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method").
In relation to per course or any other form of access excluding subscription membership ICAN reserves the right to terminate membership without refund if your Account is inactive for a continuous period of 60 days or more at any stage subsequent to purchase. Should the user wish to reactivate the access to that specific course, they may do so at the rates available at that future time. Activity and inactivity is defined based by a users’ log in to either desktop or mobile services determined by ICAN.
4. FREE TRIALS
Your ICAN membership may start with a free trial. The free trial period of your membership lasts for 7 days, unless otherwise specified, from the start of the lesson you are enrolled in, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a free trial.
We will bill any Payment Method provided by You for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership end date of your free trial period, visit our website, log into your account and we will tell you how long you have left.
Billing Cycle. The membership fee for our service will be billed on a on a recurring basis in accordance with your membership plan. You will be billed to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.
Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorise us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You can cancel your Professional membership at any time, and you will continue to have access to those member specific services you signed up for with your ICAN service through the end of your billing period. We do not provide refunds or credits for any partial professional and/or CPD membership periods, or unwatched lessons or Courses.To cancel, login to your Members Area and click on “My Profile” or the icon for your avatar, then locate the cancel button on this page or on the “EDIT PROFILE” page, finally click on “Cancel Membership” and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up to ICAN using your account with a third party as a Payment Method and wish to cancel your ICAN membership at any time, including during your free trial, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the ICAN service through that third party. Upon the expiry of your Professional membership, you shall no longer be entitled to use the post-nominal letters related to your Professional membership nor the ICAN logo, unless you opt to renew your Professional Membership. CPD memberships can only be cancelled at the end of your contractual period. Upon the expiry of your CPD membership, you shall no longer be entitled to use any accreditation in relation to any certified materials nor the ICAN logo, unless you opt to renew your contract.
Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.
6. PASSWORDS & ACCOUNT ACCESS
The member who created the ICAN account and whose Payment Method is charged (the "Account Owner") has access and control over the ICAN account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ICAN website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, ICAN or our partners from identity theft or other fraudulent activity.
7. INFORMATION ABOUT THE COMPANY
CAN is a UK Registered Company and is located at CoLab, Letterkenny, Co. Donegal, Ireland.
8. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subscriber promises, acknowledges, and agrees on behalf of itself and any other Subscribers added to their subscription (“Authorised End Users” or “Multi-User Subscriptions”) that:
Access privileges may not be transferred to any third-parties;
It will not access, store, distribute or transmit any Viruses;
It will comply with all applicable laws and regulations with respect to use of the Services;
It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
9. AVAILABILITY OF WEBSITE
Subscriber recognises that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.
10. THIRD PARTY LINKS OR INFORMATION
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
11. DISCLAIMERS OF STATEMENTS/WARRANTIES
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
12. LIMITATION OF LIABILITY
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
THIS SECTION APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY: IN NO EVENT WILL COMPANY, ITS LICENCORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.
Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors, and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
19. COMPLETE UNDERSTANDING
EFFECTIVE DATE: June 17th 2020
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