Terms of Service for Digital Professionals Academy (All websites & Products)
This agreement is in effect as of May 16, 2018.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site and all other websites owned by Digital Professionals Academy after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any https://il-segreto-per-parlare-inglese.nigelcasey.com/ employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Digital Professionals Academy and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Digital Professionals Academy or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Digital Professionals Academy will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on any and all of the Digital Professionals Academy websites, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Digital Professionals Academy, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Digital Professionals Academy.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Digital Professionals Academy from our offices located in the Canton of Ticino, Switzerland. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ticino, by accessing our website, you agree that the statutes and laws of Ticino, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Switzerland, Ticino You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Digital Professionals Academy EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You are requesting access or purchasing access for one (1) person to The Online Training (referred to below as “Online Training”, the “Online Course” or the “Course”) from Digital Professionals Academy (the “Company,” “we,” or “us”). This is an adult learning environment and as such, you must be at least 16 years of age or older to purchase access to this Online Course. Children under the age of majority should review this Agreement with their parent or legal guardian.
You agree that the online course contains proprietary Content that is owned by the Company and/or its licensors/affiliates and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the online course solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Templates or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the onliune course except where implied or duly authorised within the Course. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Nigel Casey, The English Fluency Online, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your learning, not our business. All copyrights in and to the Online Course (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors/affiliates, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S ONLINE COURSE MATERIAL, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the Online Course are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
The Online Course includes access for one (1) person. Upon registration, you will receive access to create one username, password, and member profile for use when accessing the course and all of its associated content.
If you would like to take the Online Course along with a partner, family member or colleague, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take the Online Course, a separate membership will need to be purchased for each participating member.
Privacy & Confidentiality
We respect your privacy and must insist that you respect the privacy of other people that participate in the Course (“Online Course Participants” or “Students”).
By purchasing access to the Course, you agree:
not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Online Course Participants;
that any confidential information shared by Students or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Student who discloses it or to the Company; not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Online Course Participants via comments, forums or other interaction platforms; that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company; the reproduction, distribution and sale of the Content by anyone other than the Company and/or its licensors/affiliates is strictly prohibited; and
that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Course and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
Third-Party Materials and Websites
The Company may provide links to third-party materials and websites and establish an external group as a convenience to you and other Students. These third-party materials and websites are not part of the Online Course and they may be either withdrawn or terminated at any time without any liability on the part of the Company.
You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
Online Courses and Community Rules
Under no circumstances is there to be any solicitation within the Online Course
The DPA community is about learning, but is not about trying to turn other Students into your customers. You are not permitted to offer your services, sell your programs or products, or invite Online Course Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Course’s Member Area is not permitted.
Your failure to comply with these terms will result in immediate termination of your participation in the Online Course without refund.
Community Rules: You agree to abide by the Community Rules and are hereby incorporated into this and all other Agreements.
You are responsible for paying for the online course in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment methods. If you have selected a payment plan and you miss a payment, your account status will be changed to “expired” You will immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked ten (10) days after your initial payment declines and 3 further attempts have been made. You will also not receive access to future versions of the Online Course as it’s released until all payments are made in full.
If your account remains in expired status for longer than sixty (60) days, the Company reserves the right to report any overdue balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, online course is not a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable.
Our commitment is to provide resources to help you to improve.
If you do not intend to pay to continue your premium access you can cancel your subscription by completing this form. After the first charge you can still cancel your subscription at any time. After you cancel no further charges will be incurred. We will not issue refunds for any charges incurred or for the purchase of any didactic material in any form or format. If you have subscribed to extra coaching or training and watched the full tutorial & made an attempt at using the training exactly as instructed, and don’t achieve results, we’ll happily refund the money you’ve paid us under this agreement less any external fees subject to the following conditions:
Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by 5pm CEST (Central European Standard Time) on the 7th day following the date on your order for personalised training or coaching. The deadline exists because if you sign up for our Online Courses, we want you to get started. If you don’t plan on starting right away but want to sign up now, we’re excited to have you, but definitely make sure this is the right investment for you, as the refund does have a firm deadline.
Completed Course Work. We’ll ask that you have attempted to use the resources provided in order to ensure that you have made a genuine attempt to LEARN AND MAKE PROGRESS. This means that you need to have watched the full range of video tutorials, downloaded any other material available and submitted course assignments as instructed.
Completed Feedback Form. We will also require you to complete a feedback evaluation form with detailed responses regarding what you were expecting from the course, what you felt it was lacking & how we can improve the overall course to include the features you need to achieve your goals.
Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
Important. Please do not enrol in extra training or coaching courses if you just want to “check them out.” We put an extraordinary amount of time and effort into our Online Courses, and we expect you to do the same. The online course is for serious students only.
We realise, however, that exceptional circumstance can take place with regard to the character of the product we supply. Therefore, we will honour refund requests in the following exceptional situations:
Non-delivery of the product: Due to some mailing issues of your e-mail provider or your own mail server you might not receive the delivery e-mail from us. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted to our customer service team (firstname.lastname@example.org) in writing within 7 days from the date of order.
Download: It may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to our Customer Service department on email@example.com. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading within 3 days may result in a refund decline; Major defects: Although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted for our Technical Support Team’s approval. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered.
Our Customer Service Team is always eager to assist you and deliver highly professional support in a timely manner.
REFUNDS WILL BE REFUSED IF CUSTOMER IS FOUND TO BE TAKING ADVANTAGE OF THE REFUND POLICY.
THE ONLINE TRAINING, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED IN AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to improve and learn. However, the Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings, employment or any other desired result.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE ONLINE COURSE IS AT YOUR SOLE RISK.
By purchasing access to the online course, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your examination results, earnings, business profit, marketing performance, or results of any kind. You alone are responsible for your actions and results in life which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.
Additional Terms and Conditions
1) GOVERNING LAW. You and the Company have entered into this Agreement and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the city of Lugano, Switzerland, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE CONTENT PROVIDED; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CONTENT AND REQUEST A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The English Fluency Online Course, il segreto per parlare inglese, Digital Professionals Academy, or Nigel Casey, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Digital Professionals Academy Course is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Course with a positive experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Online Course without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the online course will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either email or postal mail. If you have any questions, please contact our Customer Service team at firstname.lastname@example.org
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the The Online Course. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal courts for purposes of any such action by the Company.
9) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
10) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
11) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
If you have any questions or comments about our Terms of Service as outlined above, you can contact us at:
Digital Professionals Academy
Via Maderno 15
Lugano, Ticino 6900
Copyright © 2018 Digital Professionals Academy