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Last update: July 11, 2024.
This Policy is in addition to the Website Terms and Conditions and applies to the sale of any Online Course. Please read this Policy carefully before purchasing an Online Course and print off a copy for your records.
If there is any conflict between our Website Terms and Conditions, this Policy, and any Course Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this Policy which will bind you. If you do not agree to this Policy you must cease to continue to purchase any Services from us.
Definitions
“Confidential Information” means the information provided by one party to the other is written, graphic, recorded, machine-readable, or another form concerning the 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 through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by AGILE LEARN to a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to AGILE LEARN for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course under which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” refers to www.agile-learn.com.
“You” means the individual purchasing the Services.
Services
A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill to the description set out on the Website.
We reserve the right to vary or withdraw any of the Services described on the Website without notice.
We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Services.
Ordering Services
Purchasing Services via the Website
To purchase any of the Services online, you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Services
When you place an order for a Service via the Website, you are offering to purchase the Services on our website. AGILE LEARN reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed.
Following receipt by us of your order for Services via the Website we will contact you to confirm receipt of your order.
A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) Received payment of the relevant Fees from you.
Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be accepted by us of your offer to purchase any other courses which make up your order.
AGILE LEARN does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book before the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by AGILE LEARN.
Cancellation and Variation
Where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you, then you are permitted within 14 working days starting on the day after the date we have concluded 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 started to use that Online Course then you shall have no right to cancel your order.
There is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of AGILE LEARN.
Fees
The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials, and any delivery costs payable in respect of the delivery of Course Materials to you. Each of these costs will be set out on the Website before you purchased the Services.
Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
Fees for the Service selected by you on the Website shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full before you access any Online Course.
Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your account and AGILE LEARN shall not be responsible for these.
You shall be responsible for all costs you incur in connection with your access to any Online Course.
Liability
No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
Although AGILE LEARN aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by the Client 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 to the extent that they are expressly set out in this Policy, no conditions, warranties, or other terms shall apply to the Services. No implied conditions, warranties, or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose, or conformance with description).
AGILE LEARN's total liability arising from or in connection with this Policy and about anything which we may have done or not done in connection with this Policy and the delivery of the Service (and whether the liability arises because of breach of contract, negligence, or for 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 limit AGILE LEARN’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other matter that is under Mexican law may not be limited or excluded.
No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
Intellectual Property
All Intellectual Property Rights in the Course Materials and Online Courses remain the intellectual property of AGILE LEARN or its licensors, whether adapted, written for, or customized for the Client or not.
You are not authorized to:
(i) Copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) Record on video or audio tape, relay by videophone or other means the Online Course given
(iii) Use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) Remove any copyright or other notices of AGILE LEARN on the Course Materials;
(v) Modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause shall allow us to immediately terminate this Policy with you and cease to provide you with any Services, including but not limited to access to the Online Courses.s
In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
Confidentiality
Each Party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for this Policy, and shall return it on demand and not retain copies of it.
Either Party may disclose Confidential Information to its legal and other advisors to obtain advice from them.
This clause shall continue notwithstanding the termination of This Policy.
Termination
We shall be entitled to terminate this Policy and cease to provide you with any Services with immediate effect if you:
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 transferred or assigned to any other person.
Entire Agreement
This Policy, together with the Website Terms and Conditions and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
Force Majeure
AGILE LEARN shall not be liable to you for any breach of its obligations or termination under this Policy arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by 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
The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, and provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of AGILE LEARN.
To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name, and IP address, the URL you came from and go to, and the parts of the Website you visit.
We use information such as your User ID, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of services, and ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
Our products may link to third-party websites and we are not responsible for their data policies or procedures or their content.
AGILE LEARN endeavors to take all reasonable steps to protect your Personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
AGILE LEARN may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
If you wish to change or update the data we hold about you, please e-mail support@agile-learn.com or contact us at +1 800 480 9569.
Law and Jurisdiction
This Agreement is subject to the law of Mexico and the parties submit to the exclusive jurisdiction of the Mexican courts in connection with any dispute hereunder.
Notices
You can contact us by any of the following methods:
Email: support@agile-learn.com
Phone: +1 800 480 9569
Dirección:Av. HOMERO, #404, Col. POLANCO V SECCIÓN, ALCALDIA MIGUEL HIDALGO, CDMX.