RESELLER POLICY

Last update: March 1st, 2023.

This Policy supersedes the Website Terms and Conditions and applies to the purchase of any Online Course. Before purchasing an Online Course, please read this Policy thoroughly and print a copy for your records.

If a disagreement arises between our Website Terms and Conditions, this Policy, and any Course Specific Terms and Conditions that may apply to a given Online Course, the conflict will be handled in the following order of priority:

1. Course Specific Terms and Conditions;
2. This Policy;
3. Website Terms and Conditions.

By clicking on the "Accept" button for purchases made through our website, you agree to the terms of this Policy, which will bind you. If you do not agree with this Policy, you must stop purchasing Services from us.

Definitions

"Confidential Information" refers to information provided by one party to the other in written, graphic, recorded, machine-readable, or another form concerning the other party's business, clients, suppliers, finances, and other areas of the other party's business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than by default of the party disclosing the information, information required to be disclosed, and information required to be disclosed.

"Course Materials" refers to the information provided by LEARN4GAIN in hard copy or electronic form for a course provided as part of the Services.

"Fees" refers to the fees you pay to LEARN4GAIN for the Services.

"Intellectual Property Rights" include copyright, database rights, patent rights, performance rights, designs and registered designs, trademarks, rights in or pertaining to Confidential Information, and other intellectual property rights (registered or unregistered) worldwide.

"Online Course" refers to our provision of an online course in which you learn course materials remotely.

"Services" refers to the supply of the Online Course and/or Course Materials, as well as any other services agreed upon from time to time and purchased by you over the Website or by phone.

 “Website” refers to info@learn4gain.com / support@learn4gain.com.  

“You” means the individual purchasing the Services.

Services

Our Website contains a description of the Services as well as the dates on which they will be available. We will provide the Services with reasonable care and skill in accordance with the description on the Website.

We retain the right to change or discontinue any of the Services described on the Website at any time and without notice.

We anticipate that you will confirm that the Services you are acquiring will fulfill your requirements. We make no guarantees to you that you will receive a specific result, professional qualification, or employment opportunity as a result of purchasing and completing any of the Services.

Ordering Services

Purchasing Services via the Website

To buy any of the Services online, you must first create an account with us through the Internet. If you already have an account with us, you may access it by entering your username and password.

Purchasing Services

When you place an order for a Service on the Website, you are making an offer to buy the Services from us. LEARN4GAIN retains the right to cancel or decline your order or any part of your order at any time before it is verified.

We shall contact you to confirm receipt of your order for Services placed through the Website

A legally enforceable agreement between us and you will exist after we have:

(a) Accepted your offer to acquire Services from us by emailing you confirming the purchase; and

(b) Received payment of the appropriate Fees from you.

If your order includes several Online Courses, we will classify each course as a distinct offer to purchase. Approval of your offer to buy one or more courses does not imply acceptance of your offer to buy any other courses that comprise your order.

LEARN4GAIN does not and will not book any exams with any professional organization or examination board. It is your obligation to ensure that you book any necessary exams before the applicable closing date, which may or may not be related to the subject of the Services given to you by LEARN4GAIN.

Cancellation and Variation

If we have accepted/confirmed the Services you have purchased and formed a legally binding agreement with you, you have 14 working days beginning on the day after we have closed our agreement to cancel your purchase of the Services.

If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or begun to use it, you have no right to cancel your order.

There is no other right to cancel or change your purchase of Services, and any other cancellation and/or change of course dates is entirely at the discretion of LEARN4GAIN.

Fees

The fees for the Services shall be those specified on the Website when you placed your purchase for them.

The Fees are exclusive of VAT or other local taxes, the cost of some Course Materials, and any shipping costs due in respect of the supply of Course Materials to you, unless otherwise specified at the time you acquire the Services. Before you acquire the Services, each of these prices will be listed on the Website.

Unless when otherwise specified on the Website, all Fees are exclusive of any payments payable to any professional body for registration and examination entry. You must pay them directly to the applicable professional body or examination board, and we take no responsibility or obligation if you do not book your exam with the relevant professional body or examination board.

Fees for the Service you pick on the Website will be deducted from your credit/debit card at the time of purchase. Before you may access any Online Course, you must pay all fees in full. All fees levied by your debit or credit card issuer in connection with the purchase of Services are your responsibility, and LEARN4GAIN is not liable for them.

You shall be responsible for all costs you incur in connection with your access to any Online Course.

Liability

No part of the Services shall be understood to be, nor is it meant to be, nor should it be construed to be, investment advice.

Although LEARN4GAIN strives to provide the Services to the highest industry standards, neither it nor its trainers accept liability for I any inaccuracy or misleading information provided in the programs or Course Materials and the Client's reliance on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue, or goodwill, or (iv) any indirect, special, or consequential loss arising from any breach of the terms of this Agreement.

Except as expressly stated in this Policy, no conditions, warranties, or other terms shall apply to the Services. There are no implied conditions, warranties, or other terms (including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description).

LEARN4GAIN's total liability arising from or in connection with this Policy and anything we may have done or not done in connection with this Policy and the delivery of the Service (whether arising from breach of contract, negligence, or any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course about which a dispute has arisen. Nothing in this Agreement shall exclude or restrict LEARN4GAIN's responsibility for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other claim that may not be limited or excluded under Mexican law.

No claim may be filed more than six months after the date on which the Services in question were completed or ceased to be supplied by us.

Intellectual Property

Whether adapted, written for, or customized for the Client, all Intellectual Property Rights in the Course Materials and Online Courses remain the intellectual property of LEARN4GAIN or its licensors.

You are not permitted to:

(i) Copy, modify, reproduce, re-publish, sublicense, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) Record the Online Course on video or audio cassette and rebroadcast it by videophone or other means.

(iii) Utilize the Course Materials in the delivery of any other course or training, whether delivered by us or a third-party trainer;

(iv) Delete any LEARN4GAIN copyright or other notices from the Course Materials.

(v) Alter, adapt, combine, translate, disassemble, decompile, or reverse engineer any software that is part of the Online Courses (save to the extent permitted by law).

If you violate this paragraph, we will immediately terminate this Policy and refuse to provide you with any Services, including but not limited to access to the Online Courses.

In exchange for the Fees paid by you, we give you a limited, non-transferable, non-exclusive license to use the Course Materials and software in relation to the Online Course for the sole purpose of completing the Online Course.

Confidentiality

Each Party agrees to keep the other party's Confidential Information completely secret, not to use it for any purpose other than this Policy, to return it on demand, and not to retain copies of it. Either Party may disclose Confidential Information to its legal and other experts in order to seek their advice.

This clause will remain in effect even if this Policy is terminated.

Termination

We reserve the right to cancel this Policy and discontinue providing you with services with immediate effect if you:

1. failing to pay when required owing to your Fees;
2. be confrontational, abusive, insulting, threatening, or harassing to any LEARN4GAIN employee;
3. c. falsify or plagiarize any work needed to be prepared or submitted in conjunction with the Services or during any examination administered in connection with the Services;
4. steal or commit fraud or deception against us or our staff;
5. intentionally or recklessly harm our or our workers' property;
6. conduct any criminal offense committed on our property or where the victim is a member of our staff;
7. Are in violation of this policy.

On termination clauses about liability, intellectual property rights, confidentiality and restrictions shall continue notwithstanding such termination.

Services Assignment

Any Services provided by us under this Policy are personal to you and cannot be assigned or transferred to another person.

Entire Agreement

This Policy, along with the Website Terms and Conditions and Course Specific Terms and Conditions, constitutes the parties' entire agreement and supersede any earlier written or oral agreements or arrangements. You confirm that you did not enter into these or any other terms and conditions with us based on any representations. This provision or the terms and conditions in no way limit liability for any fraudulent misrepresentation.

Force Majeure

LEARN4GAIN shall not be liable to you for any breach of its obligations or termination under this Policy resulting from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, and other Acts of God, terrorism, strikes, delay due to transport disputes, failure to provide a course due to a death in the trainer's family, illness of the trainer, Government edict or regulation.

Rights and Obligations Assignment

We may assign, transfer, and subcontract any of our rights or obligations to any third party at our discretion.

Data Protection

Because of the nature of the Services we provide, we will gather, use, and disclose (collectively "Use") certain information about you ("Data"). This statement outlines the principles that govern our use of data. You consent to this Use by purchasing the Services.

When you register with us, you will be asked to give information such as your contact information and demographic information. We will store this Data and use it to contact you, provide you with information about the Services you have purchased, and otherwise as needed within the usual course delivery.

We may also use the above Data, as well as similar Data you offer us in response to surveys, to aggregate user profiles and, unless you click on the applicable box on the Registration Form, to communicate with you. We will not share your personal information with anyone outside LEARN4GAIN.

We collect aggregated information about you to monitor and improve our Services, such as your operating system, browser version, domain name, and IP address, the URL you came from and go to, and the areas of the Website you visit.

We utilize information such your User ID, session identifiers, and password to determine whether you are using our services, aid with service provision, and ensure you have access to relevant items. We will only read cookies that have been placed in your cookie file as a result of your web browser's interaction with the Website.

Our goods may contain links to third-party websites, for which we are not responsible for their data policies, procedures, or content. LEARN4GAIN strives to secure your Personal Data in all reasonable ways, including the use of encryption technology, but cannot guarantee the security of any Data you provide. You understand the inherent security implications of being and transacting online via the internet and agree not to hold us liable for any security breach.

LEARN4GAIN may complement the information you submit with data from third parties, such as exam registration agencies or your employer.

If you wish to change or update the data we hold about you, please e-mail info@learn4gain.com / support@learn4gain.com / or contact us at +52 1 55 1559-2875 / +1 800 480 8954.

Law and Jurisdiction

This Agreement is governed by Mexican law, and the parties agree to submit to the exclusive jurisdiction of Mexican courts in the event of a dispute arising under it.

Notices

You can contact us by any of the following methods:

Email: info@learn4gain.com / support@learn4gain.com

Telephone: +52 1 55 1559-2875 / +1 800 480 8954