Online Course Agreement
This Agreement (“Agreement”) is made effective as of today, May 28, 2021, by and between UnScripted Enterprises (the “Business/Company”) and Purchasing Student (hereafter “Client”) (collectively the “Parties”), for the purpose of Client purchasing and participating in the Company’s online course (the “Course”).
- Scope of Online Course
As part of the UnScripted program, Company shall provide the following to Client:
- Access to Online Course on the website via LearnPress.
- Course Terms
After purchasing the Course, Client will be given access to the online course materials on the website by UnScripted within 24 hours. Client will have access to the Course portal so long as the Course is available. In the event UnScripted takes the Course offline, UnScripted will notify Client within 30 days and Client will be able to re-watch video trainings, record notes, and download the downloadable Course materials onto his/her own media storage.
Client shall only have one license to access the Course and use Course materials. Client understands and agrees that the Course materials may not be shared with any third party. In the event UnScripted suspects that the Course is being shared or that Client has shared his/her log-in information with another party, UnScripted reserves the right to immediately terminate Client’s access to the Course in its sole discretion.
- Fees
In consideration for access to the Course provided by Company, Client agrees to compensate UnScripted the amount of money required for each course.
Client will not be given access to the Course until either the full fee is paid or the first installment payment is complete.
- Refund Policy
Due to the digital nature of our products, all sales of the UnScripted Courses are final – no returns, exchanges or refunds will be provided under any circumstances (read more about our refund policy here).
If Client is unsure about purchasing a certain course or what the course entails, he/she is advised to read more information about the courses on each description page of each course and to email UnScripted at support@unscripted.co.ke. for further inquiry.
- Personal Information
By participating in the Course, Client will be asked to register on the UnScripted Online Academy Website to receive access to Course materials. Client shall select a username and password and may be asked to provide further personal information. Client agrees to allow UnScripted access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating UnScripted on any changes to his/her identifying information.
The billing information provided to UnScripted by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Course for fraud or unlawful activity, is grounds for immediate termination from the Course.
- Client Contributions
Through Client’s participation in the Course, Client may post materials, comments, or replies to comments (“Client Contributions”) on Course pages and materials. Client grants UnScripted a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Client Contributions.
- Termination
Client may terminate this Agreement upon giving 30-days written notice to UnScripted, but no refund will be given. Notice may be given via email. If such notice is given, UnScripted is not required to refund Client any amount.
UnScripted may terminate this Agreement in the event Client breaches contract.
- Communication
UnScripted is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm EAT, excluding holidays. Company WILL ONLY answer communication through email. Company WILL NOT answer direct messages on social media from Client. UnScripted will respond to Client within 72 hours during normal business hours.
- Service Location
Both Parties agree and understand that the Course platform and Facebook Group under this Agreement shall be performed virtually.
- Confidentiality
Client shall not (i) disclose to any third party any details regarding the business of UnScripted, including, without limitation the names of any of its course materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the UnScripted’s trade secrets or any other information pertaining to the business of UnScripted (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by UnScripted, or (iii) use Confidential Information other than solely for the benefit of UnScripted.
- Indemnification
Client will indemnify, defend and hold harmless UnScripted, its affiliates, customers, employees, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by UnScripted or persons furnished by UnScripted; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Company; (c) any failure by UnScripted to perform its obligations under this Agreement; (d) any negligent act or omission committed by UnScripted in the performance of the Services or (e) any claims, actions, or other proceedings based on a claim that any work provided by UnScripted infringes upon or violates any Kenyan or foreign patents, copyrights, trade secrets, or other third party proprietary rights.
- Limitation of Liability
In no event shall Unscripted be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of:
(a) whether such damages were foreseeable,
(b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Maximum Damages
Liability for a partial loss of services shall be prorated based on the percentage of total fee under this Agreement. The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.
- Force Majeure
- Cancellation of Services by UnScripted
- Non-Disparagement
- DISCLAIMER
- Guarantees
- Release & Reasonable Expectations
- Spam Policy
- Warranty Disclaimer
- Entire Agreement
- Venue and Jurisdiction