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Terms & Conditions

John Academy aims to improve lives, increase career-satisfaction, potential, and belief in one’s abilities through learning. We value our learners, therefore, set specific rules to keep our platform and services safe for our learners, as well as the instructor community.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY WILL APPLY TO YOUR USE OF OUR SITE.

The terms and conditions enclosed in this document regulate the use of the website of John Academy, which is a trading name of John Academy. Our registered office is at 40 Wall St, 28th Floor New York, New York 10005, United States (Company registration number 0450397373, Registered address: 133 KNICKERBOCKER AVE PATERSON NJ 07503-1316).

By accepting these Terms, a binding agreement shall arise between you and John Academy. If you do not accept these Terms, then you must cease using our services immediately.

Last Updated: 09-30-2019

Please read these terms of use carefully before you start to use our site,

Definitions

In these Terms, we use several defined terms. These Terms begin with a capital letter which will help you identify them immediately.

For example:

A “Course,” meaning knowledge tests training courses and competency tests sold on our site involving a range of disciplines including, but not limited to, business and life skills and which consist of the Materials.

A “Direct Purchase,” meaning a purchase of a Course directly from our site.

An “Indirect Purchase,” meaning a purchase of a Course through a third party based retailer or third party organization.

The “Materials,” meaning any documents, text, videos, images, electronic files, or any other materials which are presented in connection with the products available from our site.

A “Subscription,” meaning the nature of your access to the Course that you choose. This involves the following options:

 

(i) “Single Subscription” – specific access to live tutorials or webinars;

(ii)  “Periodic Subscription” – unlimited use of the Course within a limited period; or

(iii) “Lifetime Access Subscription” – unlimited access to the Course for as long as the Course is available on our site.

There are diverse ways in which you may access or use the Services, such as:

A “Visitor,” meaning any individual that browses any of our Services without being registered.

A “Student,” meaning that you have created a User Account, registered and have enrolled in and paid for access to the Online Courses.

A “Tutor” meaning that you have a User Account and have entered into the Tutor Services Agreement with John Academy to provide tutoring and outline review Services to Students.

A “User,” meaning a Visitor, Student, Mentor, or any other person that engages, interacts with, or otherwise makes use of any of the Services.

Website Terms of Use

These Terms of use (along with the documents referred to in it) are the same terms of use of which you may make use of our website www.johnacademy.org (our site), whether as a registered user or visitor. Use of our site involves browsing, accessing, or registering.

By visiting our website, you are accepting these terms and conditions enclosed herein. By visiting or using the site, you are expressly agreeing to be bound by these terms and agree to obey these terms and all applicable laws and regulations governing the website.

Whether you have made a Direct Purchase or an Indirect Purchase, you must comply with these terms of use. If you do not agree to these terms of use, you must cease to use our site.

Changes to these Terms

We reserve the right to change or develop these Terms at any time by updating this page. Please check this page from at times to take notice of any changes we have made, as they are obligatory for you. Your continued use of our site shall be subject to such updated terms of use. We may change the content at any time and also update our website from time to time.

Please note that we are under no obligation to update any of the content on our site that may be out of date at any given time. We do not guarantee that any content on our site will be free from errors or omissions.

Ownership of the Rights and Intellectual Property Rights

For the purposes of these terms of use “Intellectual Property Rights” shall mean but not be limited to trademarks and service marks, business names and trade names, rights in goodwill, copyrights (including copyright in artistic, literary, dramatic, musical or other works and photographs), rights in designs, patents, rights in inventions, rights in know-how, database rights, confidential information and trade secrets and all other intellectual property rights (whether or not any of these is registered and including applications for registrations and rights to apply for bookings) and all rights and forms of security of a similar nature or having equivalent impact to any of these which may subsist wherever in the world. All Intellectual Property Rights regarding our site and the Courses are reserved by us and shall remain held by us or our licensors. All rights, including Intellectual Property Rights regarding our website, are owned by or licensed to John Academy.

We hereby grant you a personal, non-exclusive, limited license to use our site and the Courses solely under these terms of use.

Save as expressly permitted herein, any other use of the Course and any copying, modification, reproduction, distribution, sale or any other use of any Course for any purpose shall be a breach of these terms of use. Without prejudice to any other rights or remedies that we may have concerning such a breach, if you print off, copy or download any part of the Materials in violation of these terms of use you must, at our option, return or destroy any copies of the Materials you have made.

On downloading the Materials from our site, you own the medium on which the Materials are listed, but we do not transfer title to such Materials to you, and we preserve complete title to the Materials and all Intellectual Property Rights therein. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Materials to a human-readable form.

You certify that all Intellectual Property Rights to the names “John Academy,” including any associated logos (the “Marks”) are and shall remain owned by us and that all goodwill accruing in the Marks shall accrue to and be held by us.

Permitted Uses of Website

As an individual, you agree to use the information on the website as information purposes only.

Accessing Website:

Our website is available to visit free of charge. We do not guarantee that our website, or any content on it, will always be accessible or be uninterrupted. Access to our site is authorized temporarily, and we may withdraw, suspend, discontinue, or change all or any part of our site without notice at any time. We will not be subject to you if for any reason our site is inaccessible or unavailable at any time or for any period. You are liable for making all the arrangements required for you to have access to our site. You are also liable for ensuring that all persons who access our site through your internet connection are informed of these terms of use and other applicable terms and conditions and that they comply with them.

Permitted use of Courses:

We exclusively supply the Courses for private and domestic use. You agree not to use the product for any business, commercial, or re-sale purposes, and we are not accountable for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a Customer

If you are a customer, you may only purchase Courses from our site if you are at least 18 years old. As a customer, you have legal rights concerning Courses if they are not as detailed. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. There is nothing in these that Terms will affect these legal rights.

If you are a Business Customer

If you are not a customer, you verify that you have the authorization to bind any business on whose behalf you use our site to purchase Courses. These Terms and our Privacy Policy constitute the entire agreement between us and supersede and annihilate all previous agreements, assurances, warranties, promises, representations and understandings between us, whether written or oral, relating to its subject matter. You confirm that in entering into this Agreement you do not rely on any representation, statement, assurance or warranty (whether executed ignorantly or negligently) that is not set out in these Terms, or any document expressly referred to in them.

It is important to acknowledge that neither of us shall have any claim for innocent or neglectful misrepresentation or unconcerned misstatement based on any statement in this Agreement.

Formation of Contract between you and us

Our order process enables you to check and correct any errors before submitting your application to us. Please take the time to read and check your request at each page of the order process.

During the registration and payment process, you will be able to choose which courses you wish to enroll in and your Subscription for each of them. The Subscription options will be made accessible to you and specified during the registration and payment process, and the charges payable will be determined based on the Subscription that you choose.

Unless explicitly stated otherwise, all Periodic Subscriptions to John Academy will automatically renew, and payment will be taken on a rolling basis following the Subscription chosen until we receive notification from you that you wish to withdraw the Subscription. If you purchase a monthly Periodic Subscription, payment will automatically be deducted on the same date each recurring month for the amount agreed.

A Periodic Subscription in respect of any Course will always be subject to the availability of the Course on our site. We reserve the right to update, revise, or withdraw any Course from our website at any time.

If we cease to provide a Course for which you have purchased a Periodic Subscription, we will inform you of this via e-mail, and you shall have the option to either transfer your Periodic Subscription to an alternative Course or cancel your Periodic Subscription in respect of that Course.

You may choose a Lifetime Access Subscription in respect of access to an individual Course, or a bundle of Courses (as advertised on our site), or to all Courses provided by www.johnacademy.org, (as may be updated and amended from time to time). If you have selected a Lifetime Access or a Periodic Subscription to all Courses, you should check the list of Courses provided by www.johnacademy.org to see any changes in the list of Courses to which you will have access.

A Lifetime Access Subscription in respect of any Course will ever be subject to the availability of the Course on our site. We do not guarantee that our website or any of the content on it (including any Course) will always be available, and we reserve the right to update, amend or withdraw any Course from our site at any time.

Where you have purchased a Lifetime Access Subscription for one Course, and if we cease to provide that Course later, then we will offer you: (a) a Lifetime Access Subscription to an alternative Course, that we believe to be materially equivalent to the Course which has been withdrawn from our site; or (b) an offline copy of the Course which has been removed from our website, for you to keep. In the event that neither a suitable alternative Course or an offline copy of the Course is available, and the Course for which you have purchased a Lifetime Access Subscription is withdrawn from our site in the first 12 months from the date of the Purchase Confirmation, we will, unless there are exceptional circumstances, refund you 50% of the charges you have paid for the Lifetime Access Subscription in respect of that Course.

Where you have purchased a Lifetime Access Subscription for a bundle of Courses, and if we cease to provide a Course included in that bundle, we will offer you: (a) a Lifetime Access Subscription to an alternative Course, that we deem to be materially equivalent to the Course which has been withdrawn from our site; or (b) an offline copy of the Course which has been removed from our website, for you to keep. In the event that neither a suitable alternative Course or an offline copy of the Course is available, and the Course for which you have purchased a Lifetime Access Subscription is withdrawn from our site in the 12 months from the date of the Purchase Confirmation, we will, unless there are exceptional circumstances, refund you a proportional amount of the fees you have paid for the Lifetime Access Subscription.

Where you have purchased a Lifetime Access Subscription to all Courses, and if we cease to provide a Course included in that Subscription, we will offer you an offline copy of the Course which has been withdrawn from our site, where such a copy is available.

You will be required to pay the applicable charges before being given access to the Courses following your Subscription. If your payment is declined, not authorized or is otherwise unsuccessful, we reserve the right to restrict your access to the Courses.

If you have any promotional code entitling you to use any of the Courses at a discounted rate, you must input that promotional code before making your payment. You will not be entitled to a refund of the Charges, or any part of them if you subsequently notify us that you have any promotional code.

After you place an order, we will confirm your order by sending you an e-mail mentioning Purchase Confirmation. The contract between us will only be made when we send you the Purchase Confirmation.

If we are unable to supply you with the Course, for example, because the Course is no longer available or because of an error in the price on our site, we will notify you of this via e-mail, and we will not process your order. If you have already paid for your order, we will refund you the full amount as soon as possible.

Price

The prices of the Courses will be as quoted on our site from time to time. We take all reasonable consideration to ensure that the prices are correct at the time when the relevant information was entered onto the system. Prices for our Courses may vary from time to time, but changes will not affect any order which we have approved with a Purchase Confirmation.

Our site contains a large number of Courses, and it is always possible that, despite our reasonable efforts, some of the Courses on our site may be inaccurately priced. If we discover an error in the price of the Courses you have ordered, we will inform you of this error, and we will give you the option of continuing with the order at the correct price or canceling your order. We will not process your order until we have received your acceptance. If we are unable to contact you using the contact details you presented during the order process, we will treat the order as canceled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been identified by you as a mispricing, we do not have to provide the Course to you at the incorrect or lower price.

How to pay

We receive the following payment methods: Visa, MasterCard, Visa Electron, Maestro, and Amex. We will charge your debit card, credit card or PayPal account immediately after sending you a Purchase Confirmation.

Delivery Policy

After you purchase a course from us, you will receive the login details within 48 hours.

Changes to our terms in respect of the purchase and supply of our courses 

We may revise our terms relating to the purchase and supply of our Courses from time to time in the following circumstances:

• changes in how we accept payment from you; or
• changes in relevant laws and regulatory requirements.

Whenever we revise our terms, we will keep you informed via email and declare the date of the last variation at the top of this page.

 

Courses

The customer must be compliant with any course entry requirements. Customers must understand the necessity to prove the level of proficiency necessary to pass the course. Should a customer not be deemed of an adequate standard to meet the required criteria, the Company accepts no liability for the failure of the course. The Company’s decision on customer’s grading is final.

 

Change, Updates, and Amendments of the Course Content 

As part of our continuous course development process, we reserve the right to make any addition, change, amendment, modification, or replacement of any part or whole of any course contents whenever necessary.

Disclaimers

John Academy does not promise that the website will be free of error, uninterrupted, nor that it will provide specific results from use of the website. The results on the website are presented at an “at the time available” basis.

The content on our site is presented for general information only. It is not designed to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.

While we endeavor to update and ensure that the information contained in the Courses and on our site is correct, we make no warranties, guarantees, or representations, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.

Some actions recommended or referred to in the Courses may present a high risk of injury. Such activities may involve lifting, reaching, handling hazardous or flammable products and using dangerous equipment or machinery. You are at all times liable for assessing the appropriateness of using the Course and must consider your personal health and physical suitability before using the same. You must consult a doctor if you are in doubt about your physical fitness.

We will not be held responsible for any loss, injury, or damage resulting from use of the Courses. We are also not responsible for providing advice on the health and precautions or safety requirements which should be followed when using the Course. You must ensure that you comply with the health and safety guidelines presented with the products or equipment that you are using.

Third Party

John Academy does not recommend or endorse the content of any third party website, nor do we warrant that they will not contain viruses or otherwise affect your computer. Where our site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept responsibility for Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook), and we accept no responsibility for any damage or loss that may arise from your use of them. If you decide to access any of the third-party sites linked to our site, you may do it entirely at your own risk.

Using and Uploading content on the site

You agree that whenever you make use of a feature that enables you to upload content to our site, or to make contact with other users of our website (including any bulletin board, chat room, forum or other such pages that may be included in our site from time to time) you will not: harass others or disclose personal information about others that could amount to harassment; upload, publish, post, store, distribute or disseminate any unlawful, abusive, infringing, obscene, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offense;

Upload files that carry software or other material which are the intellectual property rights of any third party or which are preserved by rights of privacy or publicity of any third party without having received all required consents; upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of our site or any other computer; create multiple logins; impersonate others; promote or undertake any activity that is illegal or fraudulent; or use software to harvest the Materials or any other information from our site.

You warrant that your contribution complies with these terms of use, and you will be accountable to us and indemnify us for any violation of that warranty. Any content you upload to our site will be considered non-confidential and non-proprietary, and we reserve the right to use, copy, distribute, and disclose to third parties any such content for any purpose. We also have the privilege to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a breach of their intellectual property rights or their right to privacy. We will not be liable, or respond to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our reasonable opinion, your post does not comply with these terms of use. The views expressed by a guest, registered user, or other users on our site do not represent our views or values.

Liability and Limitation of Our Liability

There is nothing in these terms of use that excludes or restricts our obligation in the case of a death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English/US law. To the extent authorized by law, we expel all provisions, representations, warranties, or other terms which may apply to our site or any content on it, whether expressed or referred.

We will not be bound to any user for any destruction, damage or loss, whether in contract, tort (including negligence), violation of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content described on our website.

If you are a business user, please note that in particular, we will not be liable for: loss of profits, business, sales, or revenue; business interruption; loss of anticipated savings; loss of business possibilities, reputation or goodwill; or any implied or consequential loss or damage.

If you are a private consumer user, please note that we only render our site for domestic and private use. You acknowledge not to use our website for any commercial or business purposes, and we have no obligation to you for any loss of interest, business interruption, loss of business, or destruction of business possibility.

We will not be liable for any loss or damage effected by a virus, distributed denial-of-service attack, or other technologically damaging material that may harm your computer equipment, computer data, programs, or other restrictive material because of using our site or downloading of any content on it, or on any website linked to it.

We presume no obligation for the content of websites linked on our site; however, such links should not be interpreted as endorsement by us of those linked websites. We will not be accountable for any loss or damage that may arise from your use of them.

We do not in any way dismiss or limit our accountability for death or personal injury caused by our oversight; fraud or deceitful misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any violation of the terms referred by section 13 to 15 of the Sale of Goods Act 1979 (satisfactory quality, description, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.

Viruses, Hacking and other Offences

Due to the inherent risks of using the internet, we cannot be accountable for, and hereby expel to the fullest extent permissible by applicable law, all liability for any damage or loss caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer data, programs, or other proprietary material because of using our site, Materials or downloading any material posted on it, or on any website linked to it.

We do not warrant that our site will be secure or free from viruses or bugs.

You are liable for configuring your information technology, computer programs, and platform to access our site, and you should use your virus protection software.

During your use of our site, you must not knowingly or recklessly introduce any viruses, worms, Trojans, logic bombs, or other material which is malicious or technologically damaging. You must not attempt to gain unauthorized or illegal access to our site, the server on which it is stored or from any server on which it is provided, computer, or database connected to it. You must not attack our site through a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you are committing to an unlawful offense under the Computer Misuse Act 1990. We will report any such violation to the relevant law enforcement authorities, and co-operate with those authorities by exposing your identity to them. In the event of such a violation, your right to use our site and Course will terminate immediately.

Digital rights management

We may, in our sole discretion, use electronic watermarks, software, digital rights management tools, web beacons, cookies, tracking devices or services or any other similar devices or services that may be available from time to time (including where such tools are provided and operated by third parties) (collectively “DRM Tools”) together with any other data or information provided by you so as to allow us to monitor and keep records of the copying, downloading and use of the Materials for the sole purpose of enabling us to protect and enforce our Intellectual Property Rights to the Materials.

You certify and agree that your right to access and use the Materials is conditional upon us being authorized to use the DRM Tools as explained above and that the use of such DRM Tools is essential to preserve our legitimate interests. You must not disable, circumvent, or attempt to disable or circumvent any DRM Tool used by us.

Complaints handling

John Academy will respond immediately if you inform us when we do not meet your expectations or keep our promise. You can notify us of your complaints via email or telephone.

Course Cancellations & Refunds

Through completing your registration for a course and making a full payment or installment fee, you acknowledge and agree to the following Terms and Conditions:

  • Classroom Course (In house course)

You have the right to cancel your booking at any time based on the following terms:

-Any courses canceled after registration – an admin fee of 25% of the course price applies (which will not be refunded), the remaining deposit will be refunded. You need to request the course cancellation 5 working days before the course starting date.

– You are not eligible for any refund if you made a request for course cancellation less than five working days before the course starting date.

– John Academy reserves the right to cancel a course if the number of delegates has not reached the minimum required to run the course effectively. The company also reserves the right to cancel in the event of an unforeseen circumstance which disables a safe training environment. In the event of a cancellation, John Academy will either arrange for an alternative course date or offer a full refund of the fee paid.

  • Online Courses (Distance Learning)

Under this refund policy and under the guidance of the Consumer Contracts Regulations 2013, you may cancel your purchase of the course within the period of 14 calendar days (cancellation period) from the date on which the contract of purchase is concluded. Please note that the right to cancel will not apply after we issued your login details.

If you choose to cancel within this period, you will receive a refund of the course price within 30 days if you are eligible for refunds. If we sent any study material to you, you should return them to us before the refund. Once a course has been redeemed, we cannot allow a refund. All refund requests should be sent to info@johnacademy.org. We will refund your credit card, debit card, or PayPal account.

Certification

As a learner, it is your responsibility to check your details, whether they are correct in the certificate issued or not. If you find any mistake in the certificate, it should be reported to John Academy promptly, and any incorrect certificate should be destroyed or posted back to John Academy.

Course User Changing (Account transferring)

The course user changing (Account transferring to someone) request is valid within 14 days from the date you purchased the course.

Employment Opportunities

John Academy does not guarantee employment to any student as a choice of purchasing and attending any of its courses. However, we can ensure and are confident that you will gain the necessary skills and receive the best training possible.

Privacy Policy

John Academy supports a strict privacy policy. We are committed to maintaining your confidentiality as per our Privacy Policy.

Termination

 Your right to access a Course will automatically cease upon:

• Your completion of the Course for which you have ordered a Single Subscription; or
• Expiry of your Periodic Subscription, where you have provided us with no less than 7 days’ notice prior to the renewal date of the Periodic Subscription that you wish to cancel the Subscription, by writing to us at info@johnacademy.org; or
• Our notice to you by email that we will stop providing (or are unable to provide) the Course on our site.
• Where you have selected a Lifetime Access Subscription for all Courses, your Lifetime Access Subscription will automatically terminate where (a) we cease to provide the Lifetime Access Subscription service; or (b) you have provided us with no less than 7 days’ notice by email to info@johnacademy.org that you wish to cancel your Subscription.

Without prejudice to the foregoing, if you are in breach of these Terms, we may at our sole option either suspend your access to the Course until such breach is remedied or, without prejudice to our other rights and remedies, we shall be entitled to terminate your Subscription and your use of and access to the Course immediately without notice.

[Save in respect of any Lifetime Access Subscription which is terminated by us in accordance with this clause, in the 12 months from the date of the Purchase Confirmation,] you will not be entitled to a refund of the Charges if this Agreement is terminated pursuant to any of the foregoing paragraphs of this clause prior to the expiry of your Subscription.

Notwithstanding any other provision in these Terms, in the event that our site ceases to be available (on a permanent basis) we will send you a notice through email and this Agreement will automatically terminate upon the expiry of the aforementioned notice.

© 2021 John Academy All Rights Reserved.