TERMS & CONDITIONS
Welcome to AquaOptimism™. The following pages create the “Terms and Conditions” of a contract (the “Contract”) between you (the “User”) and us (TMA Foundation, hereafter the “Provider”), that constitute “User Rights”. Users may be individual purchasers or those specified by independent 3rd party organizations (“Channel Partners”) for which the Provider carries no responsibility or liability. Hereafter, the word “you” or “You” means individual Users, Channel Partners and users designated by Channel Partners.
User Rights cover:
1. Your use of this website; and
2. How we make our curriculum and materials available to you.
1. The purchase of curriculum units (the “Units”) grants you specific, limited, annual User Rights.
2. Purchase of merchandise (the “Merchandise) grants you ownership and the right to use the Merchandise but not to copy, re-sell, or otherwise use such without written authorization of the Provider.
3. You are not allowed to commercialize our website or the content on it (e.g., you are not allowed to make money or attract advertising to another business by using our website).
4. You can share our homepage URL with others but only if you link to our website. You WILL acknowledge the origin of our content.
5. We are not responsible for the content on other websites that we might be linked with.
6. You are not allowed to develop, support, or use software, devices, or scripts to scrape or otherwise use the contents on this website.
7. We comply with laws on Privacy and Data Protection. In general, this means that we only collect and process personal information for specific lawful purposes. We do not collect or process what we do not need, and we do not keep personal information for longer than is necessary.
TERMS & CONDITIONS
Purchasing the right to use our Units (i.e., courses) and Merchandise
1. It is likely that Channel Partners will have their own terms, policies, and procedures regarding your eligibility to utilize our course(s) and merchandise.
2. You may only use the content on our platform for specific, identified individual use either distributed by us or via Channel Partners and Users are not allowed to adapt or distribute it to anyone else.
3. The content on our platform is owned by us or – in some cases – possibly by other content providers. You have no rights over our content except as provided by your Contract with us.
4. In some limited cases opportunities may arise where Users are invited to post content on our site. We do not make any claim to ownership of that content, however, you give us licence to use, display, exploit and sublicense it for any purpose associated with the provision of the website or courses. If you are invited to post content, you are responsible to make sure that it does not infringe the copyright or rights of other third parties, and you may be liable to them and us for any loss or damage that they or we might suffer for content you publish which infringes on the rights of others.
1. Reasonable measures are taken by us to ensure that we achieve 99% uptime, and that this website is operational 24-hours a day, every day. However, site maintenance and technical issues may result in some downtime.
2. We work very closely with developers and web host to protect the operations and functions of this website. However, in instances where this website might not be available, WE WILL NOT BE LIABLE.
3. Where possible we will try to give advance warning of scheduled maintenance, which may result in intermittent service, slow service, or website down time, but we shall not be obliged to provide such notice.
Any visitor to our website can view it, however there are areas within our website which are restricted to Users that have purchased curriculum units.
BY PURCHASING ONE OR CURRICULUM UNITS, YOU AGREE THAT PROVIDER HAS EARNED ANNUAL FEES UPON PURCHASE, REGARDLESS OF WHETHER AND HOW MUCH UNITS HAVE BEEN USED.
When you create an account, it is important to remember that you are responsible for:
a. maintaining the security of your account.
b. ensuring that all User information details are kept accurate and up-to-date.
c. all activities that occur within your account and any other actions taken in connection with the account.
When creating your User account, you may be prompted for or required to enter additional information including your location and any other information.
YOU MUST NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT! You must immediately notify email@example.com of any unauthorized uses of your account or any other suspected breaches of security with regards to your account.
THE PROVIDER WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.
The purchase of units requires Users to provide a valid e-mail address for communication between The Provider and the User(s), along with a valid name, and other information as requested in the purchase procedure.
Units have individual serial numbers and must be assigned to individual Users. They cannot be passed to another party. Teachers should not allow students to access their accounts.
1. Organizations of all sizes can become Channel Partners with the ability to assign rights to use Student and/or Teacher units for which they will be solely responsible.
2. Channel Partners can sponsor as many User units as they like. There are no minimums or maximum sponsor levels. There is a discounted rate beginning with the purchase of 500 or more units on an annual basis.
3. Units are valid for one year at a time and once assigned to a person or computer cannot be re-assigned.
The following applies to all Users.
1. By using this website and purchasing Units or Merchandise, you confirm that you have read and agreed to and will comply with these Terms & Conditions and our policies (each as amended from time to time) to use this website. You must be of legal age to use this website and have the authority to make purchase decisions.
2. Your use and access to this website and content are subject to the following conditions (“Acceptable Usage”) and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these terms.
Acceptable Usage Conditions
1. You agree to use this website and content for lawful purposes ONLY, and your use is in no way unlawful or fraudulent and does not have the intention or effect of damaging us or our Channel Partners either reputationally or financially.
2. You agree not to use or access our website or content for the purpose of contacting, harming, or attempting to harm minors in any way.
3. You agree not to distribute all or any part of the website or content in any medium without our prior written consent, unless distribution is offered through the functionality of the website and permitted by these terms.
4. You agree not to access our website or content through any technology other than that which has been provided by us and utilizing generally accepted third-party web browsers such as Chrome, Firefox, MS Edge/Explorer, or Safari.
5. You agree that you will not attempt to circumvent, disable, or otherwise interfere with the security and/or security features of this website. This might include features which prevent or restrict the use of “Copy Content”.
6. You agree not to knowingly transmit data or send or submit any content which contains adware, keystroke loggers, spyware, time bombs, Trojan horses, viruses, worms or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.
7. You agree not to use or access our website or content for any commercial uses or for the benefit of any third-party beyond the Provider and its Channel Partners.
8. You agree not to collect, harvest or request contact details of other Users or website visitors.
9. You agree not to copy, reproduce, create derivative works or distribute, transmit, broadcast display, sell the content within this website, licence or otherwise exploit any content on the website for any purpose other than those permitted within these terms.
10. You agree not to use our website and content in any way which is intended to damage, disable, overburden, or impair any the Provider’s server, or network connected to this website or server or infringe any requirements, procedures, policies or regulations of any server or network connected to our website.
11. You agree not to access, attempt to access any of our Users account areas or falsely state, impersonate or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity past or present.
12. You agree not to send, knowingly receive, submit, download, use or reuse any material which does not comply with these Terms and Conditions.
13. You agree and acknowledge that the form and nature of this website and content may change from time to time, without prior notice to you.
14. You agree that as a User of content which is provided to you through our website Login, you are responsible for the accuracy, safety, and security of your account area. This is achieved by you keeping your password strong and secret, as well as not sharing access to your account area with anyone under any circumstances.
1. The owner/operator of the AquaOptimism™ website is a not-for-profit organisation.
2. The Provider and any Channel Partners reserve the right to cancel, interrupt or otherwise alter access to online content at any time. In addition, the Provider reserves the right to modify, revise or alter content as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluation or progress without cause or notice to you.
1. Users may be (when and where applicable) able to provide content to the website by uploading notes and replies, join in online discussions, profile pages, other content and media for social interaction as well as written assignments, surveys, questions, hypotheticals, examples etc collectively referred to as “User Content”.
2. The Provider does not claim ownership of any User Content that is submitted and made available on this website. Accordingly, when you upload any content as described above you are granting us the licence to use your content in the context of its submission by you. Users will be the sole and exclusive owner of the rights, title, and interest of the content which you have submitted.
3. With respect to User content which you have submitted to us or otherwise made available to us, you grant us an irrevocable, worldwide perpetual, royalty free and non-exclusive licence to use, distribute, reproduce, modify, adapt publicly display and exploit, with the right to sublicense such rights for any purpose associated with the provision of the website and content. We reserve the right to remove any User Content without notice at any time, and for any reason.
4. To the extent that you provide any User Content, you represent and warrant that:
· You have all the necessary rights and licences and/or permissions to provide such User Content and permit us to use your User Content as provided in the paragraphs above.
· Your User Content is accurate and complete to the best of your knowledge and belief.
· With regards to User Content and the Provider, you are responsible for the payment of any third-party fees related to the provision, publication and use of your User Content.
· The use and/or publication of User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation.
· With respect to any User Content submission, you agree to comply with all applicable laws including but not limited to the laws of online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of education and/or technical data exported from the country in which Users reside.
1. The website and/or content may provide you with the ability to post notes.
2. By using any communications facilities provided by us on our website and in User areas you agree that the communications you send are related to the subject matter and you that such communications by you are subject to these Terms and ethical Code of Conduct.
3. You agree and understand that in using any communication tools provided on our website, the Content and Courses, constitutes public communication, not private communication by you and the individuals and Users you are communicating with except if you use a private messaging functionality.
4. You agree that communications sent to or received from third-party service providers or other third parties are not endorsed, sponsored, or approved by us in any manner, unless explicitly stated by us.
5. You agree and understand that most content will be reactively moderated if flagged by other Users of our website. However, we reserve the right to preview or review posts made by our Users to ensure they comply with generally accepted standards of communication.
6. You acknowledge and agree that the services as described in the above paragraphs may be monitored and/or recorded for quality control purposes and that the information or material provided as part of the Service is included in these terms and is provided for educational purposes only.
Intellectual Property/Copyright & Licence to Use
1. This website contains material including, but is not limited to, the design, layout, look, appearance, and graphics. None of this material may be reproduced or redistributed without the written permission of the Provider, which has developed the AquaOptimism™ curriculum and materials.
2. All specified products and data are deemed to be licensed to you for personal, non-commercial use only.
3. Title and intellectual property rights of content and products are not transferred in any way.
4. The Provider retains full and complete title to content and products as well as all the intellectual property rights therein. You may not sell, redistribute, reproduce or convert any of the products. AquaOptimism™ is trademarked and it and all trademarks and logos shall not be copied or used in any manner.
5. You may only use the content on our platform for personal learning. Users are not allowed to adapt or distribute any of it to anyone not authorized or who is not a paid, valid User.
6. You must abide by all copyright notices or restrictions contained on this website.
7. If mutually agreed, you may be able to post your own content on our site. We do not make any claim to ownership of that content, but – if agreed – you give us a licence to use, display, exploit and sublicense it for any purposes associated with the provision of the website.
Limitations of Liability
1. THE PROVIDER WILL USE REASONABLE ENDEAVOURS TO ENSURE THAT INFORMATION AND RESOURCES ARE ACCURATE AND TO CORRECT ANY ERRORS OR OMISSIONS AS SOON AS PRACTICABLE AFTER BEING NOTIFIED OF THEM.
2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED) AS TO THE ACCURACY OF ANY INFORMATION CONTAINED IN THE COURSES OR RESOURCES.
3. WE DO NOT GUARANTEE THAT THE MATERIAL WILL BE FAULT FREE AND DO NOT ACCEPT LIABILITY FOR ANY ERRORS OR OMISSIONS.
4. THE PROVIDER MAKES NO REPRESENTATION WHATSOEVER REGARDING THE CONTENT OF ANY OTHER WEBSITES, WHICH YOU MAY ACCESS FROM THE COURSES OR OUR WEBSITE.
5. YOU ARE RESPONSIBLE FOR MAKING SURE CONTENT POSTED DOES NOT INFRINGE THE COPYRIGHT OR OTHER RIGHTS OF THIRD PARTIES, AND YOU MAY BE LIABLE TO THEM AND TO US FOR ANY LOSS OR DAMAGE THAT THEY OR WE SUFFER FOR CONTENT YOU PUBLISH WHICH INFRINGES THE RIGHTS OF OTHERS.
6. THE PROVIDER WILL NOT BE LIABLE FOR DAMAGES SUFFERED BY ANY USER. IF THE PROVIDER IS FOUND TO BE LIABLE FOR DAMAGES, THE MAXIMUM LIABILITY SHALL BE THE LOWER OF: 1) THE USAGE FEE PAID TO THE PROVIDER DURING A ONE YEAR PERIOD; AND 2) A MAXIMUM CAP OF US $15,000.
Currency, Exchange Rate, TAX
1. Payment will be made in U.S. Dollars. Exchange rates used are market rates determined by our third-party financial service provider for which we have no control or liability.
2. We use a reputable, third-party, on-line processing service called Stripe to process User Fees and to make Merchandise and any other purchases offered on the site. 3. Stripe has its own Terms and Policies, which can be read here: https://stripe.com/gb/privacy
4. QUOTED PRICES DO NOT INCLUDE ANY TAX OR FEES. USERS ARE RESPONSIBLE FOR PAYING ANY AND ALL TAX AND FEES PAYABLE IN THEIR COUNTRIES/LOCATIONS AND SHOULD DECLARE AND PAY ANY SUCH TAXES AND FEES PROMPTLY.
Refund, Discount Policy and Cancellation
1. THERE IS NO CANCELLATION AFTER PURCHASE AND THE PROVIDER DOES NOT PROVIDE REFUNDS. The User can stop making additional purchases at any time. Upon non-renewal, the Provider is under no obligation to maintain or store account information or content. The Provider may, at its option, delete User information and content immediately or retain it (in full or in part)
2. The Provider may offer introductory subscription discount codes, which will only be applied for the first term of the subscription. Discount codes do not perpetuate with the life of any purchase. After the initial term has passed, subscriptions will be charged the regular price.
Modifications to the Service and Prices
a. The Provider reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
b. THE PROVIDER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE.
This website and content are copyright of TMA Foundation – © AquaOptimism 2021. All rights reserved. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit or store this content in any other website or other form of electronic retrieval system.
The information contained in this website is for general information purposes only. While we endeavour to keep the information up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website. Any reliance you place on such information is therefore strictly at your own risk.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE.
Through this website you are able to link to other websites which are not under the control of the Provider. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within other websites.
Every effort is made to keep this website up and running smoothly. However, the Provider takes no responsibility for, and will not be liable for, the website being temporarily unavailable.
These Terms, your use and access to the Website are governed by and construed in all respects in accordance with the laws of the USA. We may modify these terms and conditions at any time by publishing the modified terms and conditions on the website. For further questions, please email us at firstname.lastname@example.org.