TERMS OF SERVICE
DEFINITIONS
COMPANY means Skill Up Junction®, a corporation registered in Panama City, in Panama including the brands it operates: Lingo Mundo Academy©, Masteryourisk©, DicEthics© and Masterprocure©.
CONSULTANT means any person including an advisor engaged by the CUSTOMER or any parent, subsidiary or affiliates to render consulting services and who is compensated for such services.
CONTRACT means an agreement between the COMPANY and the CUSTOMER creating mutual obligations that are enforceable by law.
CUSTOMER means the person, entity or any party acting on behalf of and with the authority of the CUSTOMER who buys the GOODS and/or SERVICES from the COMPANY.
GOODS means any physical deliverable(s) associated with each described PROGRAM. Physical deliverable(s) include but are not limited to audio, video and written documentation.
INFORMATION means all information, data, knowledge, ideas, and work that is provided or made available to the CUSTOMER by COMPANY in any tangible or intangible form, whether directly or indirectly, for the purpose of a CONTRACT.
MODULE means a set of standardized or independent units of GOODS and/or SERVICES that can be used to construct the PROGRAM.
PROGRAM means a set of related activities, GOODS and/or SERVICES with a particular aim.
SERVICE means duty or labor, including but not limited to knowledge transfer, assistance, consulting or advisory services to be rendered by the COMPANY to the CUSTOMER whether or not some documents, whatever the format, are supporting the duty or labor delivered.
SERVICES means access to and use of the COMPANY’s GOODS and/or SERVICES available either through the COMPANY’s websites or through any other distribution methods and means the COMPANY decides to use to make available to the market its GOODS and/or SERVICES.
IN GENERAL
The COMPANY, a corporation based and registered in Panama City in Panama, owns and operates its associated websites including and not limited to lingomundoacademy.com, lma.com, lingomundoacademy.com.pa and lma.com.pa.
This document governs the CUSTOMER’s relationship with the COMPANY and the COMPANY’s websites.
Access to and use of the COMPANY’s websites and access to and use of the COMPANY’s GOODS and/or SERVICES available through the COMPANY’s websites or through any other distribution method or means by which those are accessed and used (collectively, the "SERVICES") are subject to the following terms, conditions and notices (the "Terms of Service").
By using the SERVICES, CUSTOMER is agreeing to all the Terms of Service, as may be updated by the COMPANY from time to time.
CUSTOMER should check this page regularly to take notice of any changes COMPANY may have made to the Terms of Service.
Access to the COMPANY’s websites is permitted on a temporary basis, and COMPANY reserves the right to withdraw or amend the SERVICES without notice. COMPANY will not be liable if for any reason the COMPANY’s websites are unavailable at any time or for any period. From time to time, COMPANY may restrict access to some parts or all of the COMPANY’s websites.
The COMPANY’s websites may contain links to other websites (the "Linked Sites"), which are not operated by the COMPANY’s websites. The COMPANY has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
PRIVACY POLICY
The COMPANY Privacy Policy, which sets out how the COMPANY will use CUSTOMER’s information, can be found at COMPANY - Privacy Policy. By using the COMPANY’s websites, CUSTOMER consents to the processing described therein and warrant that all data provided by CUSTOMER is accurate.
PROHIBITIONS
CUSTOMER must not misuse the COMPANY’s websites.
CUSTOMER will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the SERVICES; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the COMPANY’s websites. Breaching this provision would constitute a criminal offense and the COMPANY will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
The COMPANY will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the COMPANY’s websites or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE, CONTENT
The intellectual property rights in all software and content (including photographic images) made available to the CUSTOMER on or through the COMPANY’s websites remain the property of the COMPANY or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the COMPANY and its licensors.
Any form of reproduction, in whole or in part, by any method now known or not yet known, is strictly prohibited without prior written authorization from the COMPANY. CUSTOMER may not rent, sell, alter or redistribute the PROGRAM, in whole or in part, or use the PROGRAM in any other way for financial or commercial gain.
Should the CUSTOMER enter into a CONTRACT with the CONSULTANT, CONSULTANT agrees not to reproduce or copy the INFORMATION, by any means whatsoever, except as may be reasonably required to accomplish CONSULTANT’s intended purpose. Upon termination of the agreement between the CUSTOMER and the CONSULTANT, the CONSULTANT’s right to use the Information shall immediately terminate. Further, upon such termination, or upon written demand by the COMPANY at any time, the CONSULTANT shall promptly return to the COMPANY, or destroy, at the COMPANY's option, all tangible materials that disclose or embody any INFORMATION.
You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the COMPANY’s websites, nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order, CUSTOMER is offering to purchase SERVICES on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from technical delays or force majeure for which the COMPANY will not be responsible.
In order to CONTRACT with the COMPANY through the websites it owns and operates, CUSTOMER must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to COMPANY.
The COMPANY retains the right to refuse any request made by CUSTOMER. If CUSTOMER’s order is accepted, COMPANY will inform CUSTOMER by email and COMPANY will confirm the identity of the party which CUSTOMER has contracted with. This will usually be the COMPANY’s websites or may in some cases be a third party. Where a CONTRACT is made with a third party, the COMPANY is not acting as either agent or principal and the CONTRACT is made between yourself and that third party and will be subject to the third party’s terms of sale.
When placing an order, you acknowledge that all details you provide the COMPANY are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the SERVICES.
All prices advertised are subject to changes.
Unless otherwise stated in PROGRAM’s policies, the sales are final. No refund will be made once the COMPANY has accepted the order, except as set out in the “Pricing and availably” clause.
COMPANY’s CONTRACT
When CUSTOMER places an order, CUSTOMER will receive an acknowledgement e-mail confirming receipt of CUSTOMER’s order: this email will only be an acknowledgement and will not constitute the acceptance of CUSTOMER’s order.
A CONTRACT between the COMPANY and CUSTOMER will not be formed until the COMPANY sends a confirmation to the CUSTOMER by e-mail for the GOODS and/or SERVICES the CUSTOMER ordered. Confirmation by email may include some codes, links or any other method to access the GOODS and/or SERVICES the CUSTOMER has ordered.
Only those GOODS and/or SERVICES listed in the confirmation e-mail will be included in the CONTRACT formed.
PRICING AND AVAILABILITY
Whilst the COMPANY tries and ensures that all details, descriptions and prices which appear on the COMPANY’s websites are accurate, errors may occur. If the COMPANY discovers an error in the price of any SERVICES which CUSTOMER has ordered, COMPANY will inform the CUSTOMER as soon as possible and give the CUSTOMER the option of reconfirming CUSTOMER’s order at the correct price or cancelling it. If the COMPANY is unable to contact the CUSTOMER, the COMPANY will treat the order as cancelled. If the CUSTOMER cancels and has already paid for the SERVICES, the CUSTOMER will receive a full refund.
Additional costs may be charged and will be clearly displayed where applicable and included in the 'Total Cost'.
PAYMENT
Upon receiving CUSTOMER’s order, the COMPANY carries out a standard authorization check on the CUSTOMER’s payment card to ensure there are sufficient funds to fulfil the transaction. The CUSTOMER’s card will be debited upon authorisation being received. The funds received upon the debiting of the CUSTOMER’s card shall be treated as a deposit against the value of the SERVICES the CUSTOMER wishes to purchase. Once the COMPANY has sent a confirmation email the funds paid as a deposit shall be used as the value of the SERVICES the CUSTOMER purchased as listed in the confirmation email.
DISCLAIMER OF LIABILITY
The material displayed on the COMPANY’s websites is provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary to the fullest extent permitted by law the COMPANY and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute GOODS and/or SERVICES, arising out of or related to the use, inability to use, performance or failures of the COMPANY’s websites or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in CONTRACT, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the COMPANY’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THE COMPANY’s WEBSITES
CUSTOMER may link to COMPANY’s websites home page, provided CUSTOMER does so in a way that is fair and legal and does not damage COMPANY’s reputation or take advantage of it, but CUSTOMER must not establish a link in such a way as to suggest any form of association, approval or endorsement on COMPANY’s part where none exists.
CUSTOMER must not establish a link from any website that is not owned by CUSTOMER.
The COMPANY’s websites must not be framed on any other site, nor may the CUSTOMER create a link to any part of the COMPANY’s websites other than the home page. COMPANY reserves the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD-PARTY COPYRIGHT
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks, content and services, and/or locations featured on the COMPANY’s websites are in no way associated, linked or affiliated with the COMPANY and CUSTOMER should not rely on the existence of such a connection or affiliation. Any trademarks /names featured on the COMPANY’s websites are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the GOODS and/or SERVICES and is in no way an assertion that such GOODS and/or SERVICES are endorsed by or connected to the COMPANY.
INDEMNITY
CUSTOMER agrees to indemnify, defend and hold harmless the COMPANY, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from CUSTOMER’s use of the COMPANY’s websites or CUSTOMER’s breach of the Terms of Service.
VARIATION
The COMPANY shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the GOODS and/or SERVICES and/or any page of the websites it owns and operates.
INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which COMPANY excludes its liability to CUSTOMER) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, CUSTOMER agrees that the clause shall be rectified and interpreted in such a way that the rectified clause closely resembles the original meaning of the clause /sub-clause as permitted by law.
COMPLAINTS
COMPANY operates a complaint handling procedure which COMPANY will use to try to resolve disputes when they first arise.
WAIVER
If the CUSTOMER breaches these conditions and COMPANY takes no action, the COMPANY will still be entitled to use its rights and remedies in any other situation where the CUSTOMER breaches these conditions.
ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding agreements between the CUSTOMER and the COMPANY. Any waiver of any provision of the Terms of Service will be effective only if it is documented in writing and signed by a Director of the COMPANY.
By placing your order, CUSTOMER agrees to the COMPANY’s Privacy Notice and Terms of Service.