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1. Definitions and Interpretation
● 1.1 In these Terms & Conditions the following terms shall have the following meanings:
means any day other than Saturday or Sunday that is not a bank or public holiday
means our cancellations policy
means the date of your acceptance
"Affiliate Discount Rate"
means the discounted rate offered to our affiliates and set out in Clause 7
means the Term that the Parties may be in at any given time
means the term of the Agreement, as defined in Clause 16 of these Terms & Conditions, during which you shall participate in the Programme under the terms and conditions set out in the Agreement.
2. Enrolment in the Programme
● 2.1 By enrolling in the Programme you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
● 2.2 Upon your acceptance and submission of Registration Data, subject to our approval, you are agreeing to these Terms & Conditions which are deemed to be in effect. You will not be sent a signed Affiliate Agreement in hard copy.
3. Company / Affiliate Relationship
● 3.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
● 3.2 Subject to any express provisions to the contrary in this , you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether expressed or implied, of any kind on our behalf or bind us in any way.
4. Display of Company Information
● 4.1 As an affiliate, you are free to display pricing and other information relating to our Service Packages. It is your responsibility to keep such information up-to-date through your own efforts; however, we will provide pricing information updates if any permanent changes are made.
● 4.2 We reserve the right to alter pricing at any time in accordance with our own policies.
● 4.3 Your Responsibilities:
As an International Nanny Academy Affiliate you agree that:
o 4.3.1 You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information might include but is not limited to: contact details and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote International Nanny Academy and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Programme.
o 4.3.2 You should act in good faith to refer customers in good standing.
o 4.3.3 You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in International Nanny Academy Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
o 4.3.4 You agree not to violate any applicable law.
o 4.3.5 If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the Terms & Conditions, we reserve the right to suspend or terminate you from the Programme.
● 4.4 Affiliate Advertising
Inappropriate ways of advertising include, but are not limited to:
o 4.4.1 Using any illegal or spam method of advertising, e.g. unsolicited email, an unauthorized placing of the link in forums, newsgroups, message boards etc.;
o 4.4.2 Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
o 4.4.3 International Nanny Academy shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.
5. Service Packages
● 6.1 We undertake to use our best and reasonable endeavours to process and fulfil all enrolments you place automatically though the learning platform.
● 6.2 We reserve the right to reject any orders that do not comply with the customer referral requirements detailed in Clause 7 of these Terms & Conditions.
● 6.3 We shall be responsible for providing login data and responding to any customer service enquiries that students may have.
7. Affiliate Discounted Rates
● 7.1 You will be sold our courses and packages with a referral fee.
● 7.2 Upon acceptance of these Terms & Conditions, agencies can generate income by benefiting from referral fees. The registration process is as follows:
o 1- Read and review these Terms & Conditions and register via the Affiliate Agency Registration Link provided.
o 2- We will provide you with access to our learning platform and your own dashboard.
o 3- After you become a registered Affiliate, you can offer students our courses anyou wish to enrol via the Affiliate Student Registration Link provided.
o 4- Upon receipt of payment, we will register the students and provide them with their login and password information via email.
o 5- Once the students successfully complete their course, they will be issued a certificate of completion.
● 7.3 We reserve the right to modify our discounted Rates at any time. You will be given 10 Business Days’ prior written notice of any such change. You will be given the option to opt out of the Programme within the 10-day notice period.
Upon your entry into the Affiliate Programme, we shall grant to you a non-exclusive, non-transferrable, royalty-free licence to use our logos and trademarks.
9. Intellectual Property
● 9.1 Unless otherwise expressly indicated we are the sole and exclusive owners of all Intellectual Property Rights (“IPRs”) in our website including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the site. We shall also be the sole and exclusive owners of all IPRs which may subsist in any supporting documentation which shall include, but not be limited to, site plans, maps, design sketches and other preparatory material.
● 9.2 We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions and alterations to our website, such material including any supporting documentation.
● 10.1 We make no warranty or representation that our website, the Programme, or Service Packages sold through the Programme will meet your requirements or those of you students, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate.
● 10.2 We make no guarantee of any specific results from the use of our website or from enrolment in the Programme.
● 10.3 We make no guarantee that our website shall remain functional and accessible to all users of the internet.
● 11.1 We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
● 11.2 Our entire liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with these Terms & Conditions or the Agreement shall be limited to US$1.
● 11.3 Notwithstanding any other provision in these Terms & Conditions, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.
12. Cancellation Policy
● 12.1 These Terms & Conditions and The Agreement shall come into force and become binding on the acceptance and submission date of the Affiliate Agency Registration Link and shall continue in force for a period of 12 months from that date (the “Initial Term”). Following the Initial Term, your enrolment in the Programme shall be renewed automatically for successive periods of 12 months (each a “Renewal Term”) unless and until terminated in accordance with this Clause 16.
● 12.2 Either Party may terminate the Agreement by giving 10 Business Days’ prior written notice to the other:
o 12.2.1 at any time where the other Party has committed a material breach of these Terms & Conditions or the Agreement and such breach has remained unremedied 10 Business Days after receiving written notice of that breach; or
o 12.2.2 if the other Party enters into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior written approval of the other Party), or compounds with or makes any arrangement with its creditors or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, or makes any material change in its business, or if it suffers any analogous process under any foreign law.
● 12.3 Either Party may request the termination of the Agreement at the end of the Current Term for any reason provided that written notice is given at least 10 Business Days before the end of the Current Term.
● 12.4 Upon the termination of the Agreement for any reason, we shall remove the links established under these Terms & Conditions.
● 12.5 Upon the termination of the Agreement for any reason, all licenses granted shall also terminate.
● 13.1 Each Party (a “Receiving Party”) shall keep the Confidential Information belonging to the other Party (a “Supplying Party”) confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving
14. Force Majeure
● 16.1 These Terms & Conditions shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the Programme or the relationship between the Parties.
● 16.2 Unless otherwise expressly provided elsewhere in these Terms & Conditions, the Agreement may be varied only by a document agreed to and accepted by both of the Parties.
● 17.1 No Waiver
● 17.3 Non-assignment
● 18.1 These Terms & Conditions and the Agreement shall be governed by the laws of England and Wales.
● 18.2 Any dispute between the Parties relating to the Agreement shall be fall within the jurisdiction of the courts of England and Wales.