Welcome and THANK YOU for your interest in Knowledge Privileged,a mission-driven education provider providing quality, affordable LIVE learning to everyone, everywhere and anywhere, registered in England & Wales with registration number 14590078.
Knowledge Privileged/Knowledge Privileged Ltd. (The Company, ‘we’, ‘our’ or ‘us’) The Company which operates the web site located at www.knowledgeprivileged.com and any other products and services that Company may provide now or in the future (collectively, the “Services”).
Visitors, members and users of the Services are referred to individually as “User” and collectively as “Users”.(‘you’ or ‘your’)
The following Terms & Conditions (“Terms”) are a legal contract between you (“you” and “your”) and Knowledge Privileged regarding your use of the Services. Use of the Services is governed by these Terms & Conditions and our Privacy Policy, where the Privacy Policy describes the personal information that we collect from you and how we use and share it.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING, BROWSING, REGISTERING AN ACCOUNT, LOGGING INTO AN ACCOUNT, AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES, COLLECTIVELY THE “TERMS”,AND THAT YOU HAVE READ OUR PRIVACY POLICY.
IF YOU ARE A PARENT OR GUARDIAN AND YOU REGISTER YOUR CHILD(REN) OR CHILD(REN) IN YOUR CARE WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD(REN)’S USE OF THE WEBSITE. PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS. THIS MEANS THAT ALL PARTIES CONCERNED (‘YOU’ AND ‘THE COMPANY’) ARE GIVIN UP THE RIGHTS TO SUE EACH OTHER IN COURT OR IN ANY CLASS ACTIONS OF ANY KIND.
WE MAY UPDATE THESE TERMS AND CONDITIONS FROM TIME TO TIME, NOTIFYING YOU OF SUCH CHANGES BY ANY REASONABLE MEANS, INCLUDING BY MAKING REVISED TERMS AND CONDITIONS AVAILABLE ON WWW.KNOWLEDGEPRIVILEGED.COM. . T IS YOUR SOLE RESPONSIBILITY TO REVIEW THESE TERMS FROM TIME TO TIME, TO VIEW SUCH CHANGES AND TO ENSURE THAT YOU UNDERSTAND THE TERMS THAT APPLY WHEN YOU ACCESS OR USE OUR WEBSITE. BY CONTINUING TO USE OR ACCESS WWW.KNOWLEDGEPRIVILEGED.COM. AFTER WE POST ANY CHANGES, YOU ACCEPT THE UPDATED TERMS AND CONDITIONS. WE RESERVE ALL OTHER RIGHTS.
FAMILY ACCOUNT
MINIMUM AGE: 18 YEARS
MUST HAVE AT LEAST ONE DEPENDANT BELOW THE AGE OF 18 WHO YOU WISH TO BE CONNECTED TO YOUR MAIN ACCOUNT (SUB ACCOUNT) MUST CREATE ONE SUB-ACCOUNT PER DEPENDANT
IF YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE THE LEGAL PARENT OR GUARDIAN OF A CHILD THAT SEEKS TO REGISTER A SUB-ACCOUNT AS A CHILD USER OF THE SERVICES, YOU MAY REGISTER A FAMILY / PARENT ACCOUNT (MAIN ACCOUNT) ON THE SERVICES. THROUGH A FAMILY ACCOUNT, YOU MAY CREATE, REGISTER, MANAGE AND APPROVE SUB-ACCOUNTS ONLY FOR YOUR OWN CHILD(REN) OR CHILDREN FOR WHOM YOU ARE A LEGAL GUARDIAN. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD USER. YOU ACKNOWLEDGE THAT KNOWLEDGE PRIVILEGED MAY CHOOSE, BUT IS NOT OBLIGATED, TO MAKE ANY INQUIRIES, EITHER DIRECTLY OR THROUGH THIRD PARTIES, THAT KNOWLEDGE PRIVILEGED DEEMS NECESSARY T O VALIDATE YOUR REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION ENGAGING THIRD PARTIES TO PROVIDE VERIFICATION SERVICES. KNOWLEDGE PRIVILEGED RESERVES ALL RIGHTS TO TAKE LEGAL ACTIONS AGAINST ANYONE WHO MISREPRESENTS PERSONAL INFORMATION OR IS OTHERWISE UNTRUTHFUL ABOUT THEIR IDENTITY. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT KNOWLEDGE PRIVILEGED CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND KNOWLEDGE PRIVILEGED IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT USER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD USER OR OTHER PARTY DURING REGISTRATION IS SUCH CHILD USER’S ACTUAL PARENT OR GUARDIAN.
INDIVIDUAL ACCOUNT
MINIMUM AGE: 18 YEARS
MUST HAVE NO DEPENDANT WHO YOU WISH TO BE CONNECTED TO YOUR ACCOUNT
THE WEBSITE IS NOT AVAILABLE TO:
(A) ANY USERS WHO HAVE BEEN EITHER SUSPENDED OR PREVIOUSLY REMOVED FROM THE WEBSITE BY KNOWLEDGE PRIVILEGED, OR (B) ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN EXECUTED BY A LEGAL PARENT OR GUARDIAN.
A CHILD USER (UNDER 18) MAY USE THE SERVICES IF REGISTERED THROUGH CERTAIN EDUCATIONAL ORGANISATIONS THAT HAVE ENTERED INTO A RELATIONSHIP DIRECTLY WITH KNOWLEDGE PRIVILEGED, AS LONG AS THE EDUCATIONAL ORGANISATION HAS OBTAINED PARENT OR GUARDIAN CONSENT OR HAS ACTED IN FULL COMPLIANCE WITH AN EXEMPTION TO PARENT CONSENT, AS APPLICABLE UNDER THE LAW WHICH APPLIES TO THEIR MAIN COUNTRY OF OPERATION.
BY CLICKING THE “I AGREE” BUTTON, OR BY REGISTERING AN ACCOUNT FOR THE SERVICES, YOU REPRESENT THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE AND ARE OF LEGAL AGE OF CONSENT TO OPEN AN ACCOUNT UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE, OR (B)YOUR USE OF THE SERVICES HAS BEEN APPROVED/EXECUTED BY YOUR PARENT OR LEGAL GUARDIAN. (C) YOU ARE NOT SUSPENDED OR PREVIOUSLY REMOVED FROM THE SERVICES BY KNOWLEDGE PRIVILEGED, AND THAT YOUR REGISTRATION AND USE OF THE SERVICES IS IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS. (D) YOU ARE A REPRESENTATIVE OF AN EDUCATIONAL ORGANISATION WHICH HAS ENTERED A DIRECT RELATIONSHIP WITH THE COMPANY AND HAVE OBTAINED PARENT OR GUARDIAN CONSENT FOR THE CHILD OR OR HAS ACTED IN FULL COMPLIANCE WITH AN EXEMPTION TO PARENT CONSENT, AS APPLICABLE UNDER THE LAW WHICH APPLIES TO YOUR MAIN COUNTRY OF OPERATION.
A Family account / Parent User account, along with all associated Sub-account(s)/Child User accounts, may be terminated by Knowledge Privileged at any time and without warning for any failure to abide by these Terms.
You agree that the information you provide to Knowledge Privileged, whether at registration or at any other time, will be true, accurate, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.To use certain features of the Services, you must register for an account and in certain cases, additional sub account(s). You may be asked to provide password(s) for your account(s). You agree that you are solely responsible for maintaining the confidentiality of your account, sub-account(s) and password(s), and you agree to accept responsibility for all activities that occur under your account, sub-account(s) or password(s). Should you have reason to believe that your account is compromised (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you agree to immediately notify Knowledge Privileged at SUPPORT@KNOWLEDGEPRIVILEGED.COM You may be liable for the losses incurred by Knowledge Privileged or others due to any unauthorized use of your Services account.
You acknowledge the electronic nature of the Services provided by The Company and the possibility that Services provided by electronic means may undergo issues beyond the control of The Company which may impact your access to Services, paid or otherwise. You agree to not hold the Company liable, under any circumstances, for such disruptions to your Service. The Company reserves the right to at its discretion suspend any services which it believes could negatively impact the ability of the Company to continue to serve its Users, especially on a long-term basis. You acknowledge and agree that due to technological issues, you may be presented with subscription information which does not correspond to payments made and that in such cases, the details of actual service paid for by you supersedes whatever information you are being presented with. You acknowledge the inherent risk associated with communications provided within such electronic environment and understand the possibility of communication not reaching their intended destination or doing so much later than intended for reasons outside the Company’s control. The Company shall do all within its powers to restore Service to its Users, keeping them informed of the issue and efforts being made to ensure restoration.
In order to use the Services, you must create an account. To access our Premium courses, you must have a Subscription; the fees and the terms of payment are stated on the Website. A Subscription may be purchased by paying either by bank card or by using an online payment service (PayPal, Stripe, Direct Debit etc.) according to the options given on the Website. The fees are indicated in British pounds sterling. You agree that Knowledge Privileged may charge to your credit card or other payment mechanism selected by You and approved by Knowledge Privileged all amounts due and owing for the Services. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide you with such tax forms, VAT forms or other related forms as are reasonably requested to reduce or eliminate the amount of any withholding or deduction in respect of payments made under this Agreement. You agree that all payment obligations are non-cancellable, and all amounts paid are non-refundable during the Initial Subscription Term or then current Renewal Term, as applicable. Knowledge Privileged may change prices for the Services from time to time, in its sole discretion. Any price changes will be effective upon the commencement of Your next Renewal Term; provided, that Knowledge Privileged shall provide You with reasonable notice of any such fee increase prior to the expiration of the Initial Subscription Term or any Renewal Term. Prices specified in the Order Form may include discounts or promotional pricing. These discounts or promotional pricing amounts may be temporary and may expire upon the commencement of a Renewal Term, without additional notice. Knowledge Privileged reserves the right to discontinue or modify any promotion, sale or special offer at its sole and reasonable discretion. You agree that in the event Knowledge Privileged is unable to collect the fees owed to Knowledge Privileged for the Services through Your Account, Knowledge Privileged may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Knowledge Privileged in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Knowledge Privileged may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
On the expiry of each period of validity, the Subscription shall be renewed for periods equivalent to that originally chosen, unless terminated by the Subscriber in accordance with the provisions of Article 8 below. Once renewed, the Subscription will be charged to the Subscriber at the standard (non-discounted) rate applicable to the relevant Services and for a period equivalent to that initially chosen.
These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
Knowledge Privileged, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with Knowledge Privileged or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. Knowledge Privileged may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that Knowledge Privileged will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Knowledge Privileged may have at law or in equity. As discussed herein, Knowledge Privileged does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms & Conditions, (iii) Live Lesson Guidelines, (iv) any policy or practice of Knowledge Privileged in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account.You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of all parts of the Services.
Non-Renewal
You may terminate the automatic renewal of your existing Subscription at least 72 hours before the Subscription is due for renewal. The termination will take effect on the expiry date of the Subscription. You will not have access to the Services from the date your Subscription expires.
Responsibility for Pre-Termination activity
Termination of the Terms as to any User account will not limit Knowledge Privileged’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
Knowledge Privileged operates the Services in the United Kingdom. If you choose to access our Services from locations outside the United Kingdom, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services.Unless we have entered a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United Kingdom. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Knowledge Privileged Ltd in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.
Your privacy is important to us. Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services. It also explains the procedures through which Users may view, update, correct, or delete their account and personal information.
When using our Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines are hereby incorporated by reference into the Terms of this Agreement.
Knowledge Privileged may permit (a) the posting and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (“User Postings) and (b) the posting, creation, or modification by you and other users of computer code – “User Code”, including source code and object code. (User Postings and User Code, collectively referred to as “User Content”). You understand that regardless of the fact that such User Content is published or not, Knowledge Privileged does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between Knowledge Privileged and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and Khan Academy does not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
By posting, submitting or distributing User Content on or through the Services, you hereby grant to Knowledge Privileged a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and Knowledge Privileged’s Privacy Policy). Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information, including education records.
User Postings
By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by Knowledge Privileged on or through the Services.
User Code
By posting, submitting or distributing User Code through the Services, you hereby grant to The Company and each User of the Services a non-exclusive license to access, use, reproduce, and distribute your User Code.
Downloadable Content
The Services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Knowledge Privileged grants you, a limited, non- exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
In instances where we permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view, you acknowledge and agree that, although Knowledge Privileged may provide certain features intended to allow you to restrict some User Content you create from others, Knowledge Privileged does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Knowledge Privileged will use reasonable efforts to notify you.
KNOWLEDGE PRIVILEGED HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
You understand that while using the Services you may be exposed to User Content from a variety of sources, and that Knowledge Privileged is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content.You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Knowledge Privileged with respect thereto. Knowledge Privileged does not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaims any and all liability in connection with User Content.
By submitting suggestions or other feedback related to our Services to us, you agree that we can, although not obliged, use and share such feedback for any purpose without compensation to you.
We respond to notices of alleged copyright infringement. We will promptly terminate, without notice, your access to the Services if you are determined by Knowledge Privileged to be a “repeat infringer.” A repeat infringer is a User who has been notified by us of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.
Proprietary Materials
The Services are owned and operated by Knowledge Privileged. The designs, graphics, visual interfaces, compilation, information, computer code (including source code or object code), software, content, educational videos, services, service marks, trade names, trademarks and all other elements of the Services (the “Services Materials”)are sole property of The Company and protected by its proprietary rights. This is with the exception of any User Content provided and owned by Users. The Company reserves all rights therein and thereto not expressly granted by these Terms.
Licensed Educational Content
Knowledge Privileged may make available on the Services certain educational videos, and related supplementary materials that are owned by us or our third-party licensors (the “Licensed Educational Content”).We grant to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by Knowledge Privileged solely for your personal, non-commercial purposes. You may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
Licensed Educational Code
Knowledge Privileged may make available, or allow Users to create and make available, on or through the Services certain educational, user-readable source code in connection with Computer Science related courses, any other applicable courses or exercises available on the Services (the“Licensed Educational Code”).Unless otherwise indicated, all Licensed Educational Code is the property of Knowledge Privileged or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License.By downloading or otherwise accessing such Licensed Educational Code, you agree to comply with all the terms of the MIT License.
Non-Commercial Use
The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Licensed Educational Content may not be used, distributed, or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Knowledge Privileged.
Intellectual Property
All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Website and within the Services are the exclusive property of Knowledge Privileged and, if applicable, its partners and may not be reproduced, used or communicated without the express authorisation of Knowledge Privileged.
This is a non-exhaustive list.
YOU AGREE NOT TO:
The Services may include links or references to other web sites or services solely as a convenience to Users(“Reference Sites”). Knowledge Privileged does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. PLEASE DO YOUR DUE DILLIGENCE.
You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, national or local law, statute, ordinance or regulation or which would render Knowledge Privileged in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, "Applicable Law"; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant The Company the rights in these Terms; (ii) you will comply with Applicable Laws in connection with your use of the Service.
You agree to indemnify, defend, and hold harmless Knowledge Privileged, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, third-party suppliers, licensors, and partners (“Knowledge Privileged Parties")from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand either made by you or any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any Child User or any User whose account you have approved as a Parent User or Permitted Educational Personnel; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. Knowledge Privileged reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify The Company, and you agree to cooperate with The Company’s defence of these claims.You agree not to settle any such matter without the prior written consent of The Company. Knowledge Privileged will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE "KNOWLEDGE PRIVILEGED OFFERINGS"), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KNOWLEDGE PRIVILEGED PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KNOWLEDGE PRIVILEGED OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You acknowledge the electronic nature of the Services provided by The Company and the inherent risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside the Company’s control.
Since the Company does not control signal power, its reception or routing via internet or any other means of electronic communication, configuration of Client’s equipment or reliability of its connection, The Company shall not be liable for any claims, losses, damages, costs or expenses, caused directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility belonging to the Company.
Your access and use of The Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Knowledge Privileged, in its sole discretion, may elect to take.
Content
KNOWLEDGE PRIVILEGED, AND THE KNOWLEDGE PRIVILEGED PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
KNOWLEDGE PRIVILEGED AND THE KNOWLEDGE PRIVILEGED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE KNOWLEDGE PRIVILEGED OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY HAVE NOT BEEN TESTED IN ANY MANNER.
Harm to Your Computer
YYOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
Limitations by Applicable Law
SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL KNOWLEDGE PRIVILEGED OR THE KNOWLEDGE PRIVILEGED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF KNOWLEDGE PRIVILEGED OR A KNOWLEDGE PRIVILEGED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE OR ACCESS) THE WEBSITE OR ANY OF THE KNOWLEDGE PRIVILEGED OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH KNOWLEDGE PRIVILEGED OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE KNOWLEDGE PRIVILEGED OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KNOWLEDGE PRIVILEGED’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages
IN NO EVENT WILL KNOWLEDGE PRIVILEGED’S OR THE KNOWLEDGE PRIVILEGED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO KNOWLEDGE PRIVILEGED, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED AND TWENTY POUNDS (£120), WHICHEVER IS GREATER.
Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT KNOWLEDGE PRIVILEGED HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KNOWLEDGE PRIVILEGED, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KNOWLEDGE PRIVILEGED. KNOWLEDGE PRIVILEGED WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Users’ Disputes
Knowledge Privileged is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other Users of the Services, and any other parties with whom you interact through the Service. You should execute whatever due diligence you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
Release
If you have a dispute with one or more Users, you release us (and the Knowledge Privileged Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data.
Miscellaneous
(Including Dispute Resolution and Arbitration)
Waiver
The failure of Knowledge Privileged to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Knowledge Privileged.
Governing Law
The Terms will be governed by and construed in accordance with the laws of England, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
Generally
In order to expedite and control the cost of disputes, Knowledge Privileged and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
Notice of Dispute
In the event of a Dispute, you or Knowledge Privileged must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class Royal Mail to Knowledge Privileged at 124 City Road, EC1V 2NX with a copy sent by email to Knowledge Privileged at support@knowledgeprivileged.com. Knowledge Privileged will send any Notice of Dispute to you by first class Royal Mail to your address if Knowledge Privileged has it, or otherwise to your email address. You and Knowledge Privileged will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Knowledge Privileged may commence arbitration.
Binding Arbitration
Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Knowledge Privileged may otherwise agree, shall be finally resolved by binding arbitration as described in this Section: Dispute Resolution and Arbitration.You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury.Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the English Arbitration Act 1996.The place of arbitration shall be in England. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Knowledge Privileged will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of this Section (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section (Dispute Resolution and Arbitration).
Arbitration Procedures
Any arbitration will be conducted by JAMS (“JAMS”). You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving £10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Knowledge Privileged and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules.The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
Arbitration Fees
Whoever files the arbitration will pay the initial filing fee. If Knowledge Privileged files, then Knowledge Privileged will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Filing Period
To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
Venue
If any Dispute cannot be resolved by binding arbitration in accordance with this Section (Dispute Resolution and Arbitration), you agree that such Dispute will be filed only in an English court, and each of you and Knowledge Privileged hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Knowledge Privileged shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Knowledge Privileged’s prior written consent, but may be assigned by Knowledge Privileged without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
Headings
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
TThe Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and Knowledge Privileged relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by Knowledge Privileged as set forth in Section (Modification of the Terms) above.