By agreeing to these terms and conditions you are also agreeing that you are not currently under investigation for, awaiting trial for, arrested for, or have been convicted of a misdemeanor or felony assault.
1.1 These terms and conditions shall govern the sale and supply of downloadable course materials through our website, and the use of those course materials.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) "we" means SAPTK Martial Arts(and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "course materials" means those course materials that are available for purchase on our website; and
(d) "your course materials" means any such course materials that you have purchased through our website (including any enhanced or upgraded version of the course materials that we may make available to you from time to time).
- Order process
3.1 The advertising of course materials on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3
3.3 To enter into a contract through our website to purchase course materials from us, the following steps must be taken: [you must add the course materials you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; our payment service provider will handle your payment.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.1 You must, during the checkout process, pay the prices of the course materials you order.
5.2 Payments may be made Credit/Debit Card or via PayPal.
- Licensing of course materials
6.1 We will supply your course materials to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable license to make any use of your course materials permitted by Section 6.3, providing that you must not in any circumstances make any use of your course materials that is prohibited by Section 6.4.
6.3 The "permitted uses" of your course materials are:
(a) for your own personal use;
6.4 The "prohibited uses" of your course materials are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any course material (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any course material (or part thereof), and the creation of any derivative work incorporating any course material (or part thereof);
(c) the use of any course material (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any course material (or part thereof) to compete with us, whether directly or indirectly; and
(e) [any commercial use of (or part thereof),] providing that nothing in this Section 6.4 will prohibit or restrict you from doing any act expressly permitted by applicable law.
(f) the sharing of accounts, login information, usernames, or passwords outside of a single household
(g) as a means of instruction for any kind of martial arts business (other than SAPTK Martial Arts who is responsible for the creation and distribution of course materials) for which permission has not been granted expressly or explicitly in writing.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, and software and network connections to receive and enjoy the benefit of your course materials.
6.6 All intellectual property rights and other rights in the course materials not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any course material.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the license set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the license set out in this Section 6 through cancellation.
- Warranties and representations
7.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
7.2 We warrant to you that your course materials will be supplied to you with reasonable care and skill.
- Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:
(a) are subject to Section 8.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.5 We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 8.5 shall not apply].
8.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 8.6 shall not apply].
8.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) [amount; and]
(b) [the total amount paid and payable to us under the contract.]
9.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
9.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- No waivers
11.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
11.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
13.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
13.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
14.1 Subject to Section 8.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our course materials and the use of those course materials, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our course materials and the use of those course materials.
- Law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with city, county, state, and federal law of the United States of America.
15.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the city, county, state and federal courts of the United States of America.
- Statutory and regulatory disclosures
16.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
16.2 These terms and conditions are available in [the English language only].
- Our details
17.1 This website is owned and operated by SAPTK Martial Arts.
17.2 You can contact us using our website contact form or by email to [email protected]