Standard Terms for the Purchase of Online Courses
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of
Persius websites, services, and mobile app (collectively, the “Service”), each owned and operated by Persius
Internet Solutions Pvt Ltd / Persius OU. (“Persius”, “we”, “our” or “us”).
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course
Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then
the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- Website Terms and Conditions.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this
agreement which will bind you. If you do not agree to these terms and conditions you must
cease to continue to purchase any Services from us.
- Definitions. “Confidential Information” means information provided by one party to
the other in written, graphic, recorded, machine readable or other form concerning the
business, clients, suppliers, finances and other areas of the other party’s business or
products, including, without limitation, the Course Materials, but does not include
information in the public domain other than through the default of the party disclosing
the information, information required to be disclosed by any court or regulatory authority,
or any information already in the possession or control of the disclosing party.
- “Course Materials” means the information
provided by Persius OU to accompany a course provided as part of the Services in
hard copy or electronic form;
- “Fees” means the fees paid by you to Persius for the Services.;
- “Intellectual Property Rights” means copyright, rights in or
relating to databases, patent rights, performers’ rights, designs and registered designs,
trademarks, rights in or relating to Confidential Information and other intellectual property rights
(registered or unregistered) throughout the world.;
- “Online Course” means the delivery by us of an online course
pursuant to which you learn course materials remotely.;
- “Services” means the provision of the Online Course
and/or the Taught Course and/or the Course Materials together with such other services as
agreed from time to time and purchased by you through the Website or by email;
- “Taught Course” means a course taught by us in a classroom setting to which you attend in person;
- “Website” means https://persius.in , https://persius.eu ;
- “you” means the individual purchasing the Services;
- The Services.
- A description of the Services together with the
dates on which the Services will begin are available on our Website.
We will provide the Services with reasonable care and skill in accordance with the
description set out on the Website;
- We reserve the right to vary or withdraw any
of the Services described on the Website with a notice of 1 week;
- We expect you to confirm that the Services
you are purchasing will meet your needs. We do not make any guarantee to you
that you will obtain a particular result, professional qualification or employment
opportunity from your purchase and completion of any of the Services;
- Ordering Services.
- Purchasing Services via the Website
- In order to purchase any of the Services on-line
you must register for an account with us via the Website.
If you already have an account with us you can log into your account using your
user name and password.;
- Purchasing Services via the Email/ Messenger
- To purchase a Service over the email,
please email at [email protected] . You do not need to have registered for an account
with us to purchase any of the Services over the Email or Messenger.
You must, however, register for an account with us to access your course on-line;
- When you place an order for a Service via
the Website, or Email you are offering to purchase the Services on
these terms and conditions. Persius reserves the right to cancel
or decline your order or any part of your order at any time until it has
been confirmed in accordance with clause below;
- Following receipt by us of your order for Services via the Website
or on the Email we will contact you confirming receipt of your order;
- A legally binding agreement between us and you shall come
into existence when we have :
- Where your order consists of multiple Online
Courses or multiple Taught Courses , each individual course will be treated by us as a
separate offer to purchase. Acceptance of your offer to buy one or more courses will not
be acceptance by us or your offer to purchase any other courses which make up your order;
- Persius does not and is not responsible for
booking any examination with any professional body or examination board.
It is your responsibility to ensure that you book prior to the relevant closing
date any exam necessary that you wish to take and which may or may not be associated
with the subject matter of the Services provided to you by Persius unless mentioned
in the Program Details ;
- Cancellation and Variation.
- Subject to clause below, where we have accepted /
confirmed the Services being purchased by you and formed a legally binding agreement
with you in accordance with ordering clause above, then you are permitted within 14
working days starting on the day after the date we have concluded our agreement in
accordance with ordering clauses, to cancel your purchase of the Services. ;
- If you have purchased an Online Course
and have already accessed, downloaded all or part of the Online Course
and/or started to use that Online Course then you shall have no right to cancel your
order.
- Interactive courses offered by tutors can be
cancelled only if the Tutor is not able to avail services or not able to take classes .
In these cases you are eligible to select a different tutor or able to receive refund for
the classes not taken by the Tutor ;
- Notwithstanding clause above there is no other
right to cancel or vary your purchase of Services and any other cancellation and / or
variation of course dates will be at the entire discretion of Persius.
- Fees
- The Fees for the Services shall be as set out on the
Website or as told to you over the email or messenger at the time you placed an order for them.;
- Unless otherwise specified at the time you purchase the Services
the Fees are inclusive of VAT or other local taxes, the cost of some Course Materials and any
delivery costs payable in respect of the delivery of Course Material to you.
Each of these costs will be set out in the Website or told to you over the email prior to your
purchase the Services.
- Save where specifically stated otherwise on the Website,
all Fees shall be exclusive of any amounts payable to any professional body for registration and
examination entry. These are payable by you directly to the relevant professional body or examination
board and we accept no responsibility or liability for your failure to book your exam with the
relevant professional body or examination.;
- Fees for the Service selected by you on the
Website or purchased over the Email shall be debited from your credit / debit card at
the time of purchase. Fees must be paid in full prior to you attending any Taught
Course or accessing any Online Course.
- Any fees charged by your debit or credit card provider in
connection with your purchase of Services are for your own account and Persius
shall not be responsible for these.
- You shall be responsible for all costs you incur
in connection with your attendance at any Taught Courses or your access onto any Online Course.
- Liability
- No part of the provision of the Services shall
deemed to be, nor is it intended to be, nor should it be taken to be,
the provision of investment advice.;
- Although Persius aims to provide the Services
to the highest standards of the industry, neither it, nor its
trainers accept any liability for (i) any inaccuracy or misleading information
provided in the programmes or Course Materials and any reliance by Client on any
such information, (ii) any loss or corruption of data, (iii) any loss of profit,
revenue or goodwill, or (iv) any indirect, special or consequential loss arising
from any breach of the terms of this Agreement.
- Except to the extent that they are expressly set
out in these terms and conditions, no conditions, warranties or other terms shall apply
to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms
apply (including any implied terms as to satisfactory quality, fitness for purpose or
conformance with description).;
- Subject to clause below, Persius's total liability arising
from or in connection with these terms and conditions and in relation to anything which we may have
done or not done in connection with these terms and conditions and the delivery of the Service
(and whether the liability arises because of breach of contract, negligence or for any other reason)
shall be limited to the Fees received by us in connection with the relevant Online Course or Taught
Course in relation to which a dispute has arisen
- Nothing in this Agreement shall exclude or limit Persius’s liability
for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other
matter which under Estonian law may not be limited or excluded.
- No claim may be brought more than six months
after the last date on which the Services concerned have finished or ceased to be
provided by us.
- Intellectual Property
- All Intellectual Property Rights in the Course Materials,
Online Courses and the speeches made by trainers at the Taught Courses are, and remain,
the intellectual property of Persius or its licensors, whether adapted, written for or
customised for the Client or not.;
- You are not authorised to:-
(i) copy, modify, reproduce,re-publish, sub-licence, sell, upload, broadcast, post,
transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether
given by us or any third party trainer;
(iv) remove any copyright or other notice of Persius OU on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer
(save to the extent permitted by law) any software forming part of the Online Courses.;
Breach by you of this clause shall allow us to immediately terminate these terms and
conditions with you and cease to provide you with any Services, including but not limited to
access to the Online Courses.
- In consideration of the Fees paid by you,
we grant to you a limited, non-transferable, non-exclusive licence to use the
Course Materials and the software in respect of the Online Course for the sole
purpose of completing the Online Course and / or attending the Taught Course.
- Confidentiality
- Each party shall keep the other party’s Confidential
Information strictly confidential and not use it otherwise than for the purposes of these terms and
conditions, and shall return it on demand and not retain copies of it.;
- Either party may disclose Confidential Information to its legal
and other advisors for the purposes of obtaining advice from them.
- This clause shall continue notwithstanding termination of these terms and
conditions.
- Termination
- We shall be entitled to terminate these terms and
conditions and cease to provide you with any Services with immediate effect in the event that
you:
-
fail to pay when due your Fees;
-
act in an aggressive, bullying, offensive, threatening or
harassing manner towards any employee of Persius, any teacher or
lecturer who provides the Taught Courses or any student who attends any
Taught Course;
-
cheat or plagiarise any work which you are required to prepare or submit in
connection with the Services or during any examination taken in connection with the
Services;
-
steal or act in fraudulent or deceitful manner towards us or our employees,
tutors or any other students who may be on our premises or attending our Taught
Courses;
-
intentionally or recklessly damage our property or the property
of our employees or other students attending our premises;
-
are intoxicated through alcohol or illegal drugs while on our premises;
-
commit any criminal offence committed on our premises or where the victim is our employee or student;
-
are in breach of these terms and conditions;
- On termination clause 6 (liability),
7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
- Assignment
Any Services provided by us under these terms and conditions are personal to
you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other
company without prior notice to you.
- Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course
Specific Terms and Conditions are the entire agreement between the parties and
supersede any prior agreements and arrangements, whether written or oral.
You confirm that you have not relied on any representations in entering into these
and any other terms and conditions with us. Nothing in this clause or terms and
conditions shall limit liability for any fraudulent misrepresentation.
- Force Majeure
Persius shall not be liable to you for any breach of its obligations or
termination under these terms and conditions arising from causes beyond
its reasonable control, including, but not limited to, fires, floods,
earthquakes, volcanoes and other Acts of God, terrorism, strikes,
delay caused by transport disputes, failure to provide a course caused by a
death in the trainer’s family, illness of the trainer, Government edict or regulation.
- Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any
third party at our discretion.
- Data Protection
- The nature of the Services provided by us means
that we will obtain, use and disclose (together "Use") certain information about you
("Data"). This statement sets out the principles governing our Use of Data.
By purchasing the Services you agree to this Use;
- When you register with us you will need to
provide certain Data such as your contact details and demographic information.
We will store this Data and use it to contact you, provide you with details of
the Services you have purchased and otherwise as required during the normal provision
of the course.
- We may also use the above Data, and
similar Data you provide us in response to surveys, to aggregate user profiles and,
unless you click on the relevant button on the Registration Form, provide you with
communications. We will not pass any personal data onto anyone outside of Persius;
- To enable us to monitor and improve our Services,
we gather certain aggregated information about you, including details of your operating system,
browser version, domain name and IP address, the URL you came from and go to and the parts of the
Website you visit.;
- We use information such as your User ID, session
identifiers and password to enable us to identify whether you are using our services,
assist with the provision of services and to ensure that you have access to relevant products.
We will only read cookies from your cookie file placed there through your web browser's
interaction with the Website.;
- Our products may link to third party websites
and we are not responsible for their data policies or procedures or their content.
- Persius endeavour to take all reasonable steps to protect your personal Data
including the use of encryption technology, but cannot guarantee the security of any Data you disclose.
You accept the inherent security implications of being and transacting on-line over the internet and will
not hold us responsible for any breach of security.
- Persius may supplement the information that you
provide with information we receive from third parties, such as exam registration bodies
or your employer.
- If you wish to change or update the data we hold about you, please
e-mail [email protected] or contact us on +372 53783530
- Law and Jurisdiction
This Agreement is subject to Estonian law and the parties submit to
the exclusive jurisdiction of the Estonian courts in connection with any dispute hereunder.
- Notices
- Contacting Persius . You may contact Persius by email at [email protected] or by mail at Persius OU , Narva mnt 5 Tallinn Harjumaa 10117.