1. Acceptance of Terms of Service.
These TOU apply to both those who access the Site but do not have accounts (“Visitors”) as well as those who register to gain access to the Site (“Members”) collectively (“Users”). By accessing or using the Site you signify that you have read, understand and agree to be bound by these TOU. If you do not agree to these TOU, please do not use this Site.
2. Switch Maven Pty Ltd with References in these TOU or the Site to "LearnTech,” “SM,” “Company,” or “switch maven” refers to that Company, or as appropriate in the historical context, to a predecessor entity if applicable.
3. Permitted and Intended Use as well as Eligibility
The primary purpose of the Site is to provide information to prospective students about SM and what we offer. Our Site contains information about our program(s) and course(s) offered and allows Users to submit contact information and inquiries.
However, the Site is not aimed at any person under the age of thirteen (13). You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these TOU are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these TOU or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
4. Registration & Content Access
To use certain Services or access certain content or other information as it may be provided from time to time through the Site may require registration for Services. In the event SM allows for account registrations (an “Account”), you must keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You may at some point have the ability to delete your Account directly, however if an account is created in the first versions of the Site you may make a request to SM.
a. Definition. For purposes of these TOU, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
b. Notices & Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
c. Permitted Use License. Subject to these TOU, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
d. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
6. Intellectual Property.
© 2017 switch maven Pty Ltd All rights reserved.
a. Trademark Information. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of the Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. switch maven and SM are trademarks of the Company.
b. Copyright Information. All content included on the Site is the copyright property of SM. All content is protected by United States and international copyright laws, including by the Berne Convention.
The compilation of all content on this site is the exclusive property of SM and protected by copyright laws. All software used on this site is the property of SM except as it belongs to third parties or is considered open source.
If you believe any content or material herein infringes your copyright, you must give SM notice under the Digital Millennium Copyright Act (17 U.S.C. 512, the “DMCA”), by contacting our copyright agent at [email protected] and following our DMCA Notification Procedure.
7. Rules of Conduct.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these TOU. You are responsible for all of your activity in connection with the Services.
a. You shall not contact SM in such a way through the Site that could be construed in SM’s sole discretion as unauthorized advertising, junk or bulk e-mail (“spamming”) or in connection with information fishing for competitive purposes.
b. You shall not permit or cause the transmission, placement, sharing or other equivalent action containing software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party.
c. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all and international laws and regulations.
d. You hereby acknowledge that you understand such uses or behavior will cause SM harm and under such circumstances entitles SM to bring an action or actions against you for damages to the extent permitted by law.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or government request, (ii) enforce these TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
8. Third-Party Services.
The Services may contain links to other resources, websites, or services etc. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
9. Payments and Billing.
a. Paid Content. Certain Services may be subject to payments now or in the future (the “Paid Content”). Please contact us with inquiries regarding more detailed course descriptions and payment process, if you’d like a member of SM can help assist you in choosing the right course for you. Please note, any payment terms presented to you in the process of using or signing up for a Paid Content are deemed part of these TOU.
b. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Content. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these TOU. We are not responsible for error by the Payment Processor. By choosing our Paid Content, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Content in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
d. Change in Payment Method. IF YOU WISH TO CHANGE YOUR PAYMENT METHOD, SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE CONTACT SM BY EMAIL AT [email protected]
e. Free Lessons, Content, or Other Promotions. Any free lesson or other promotion that provides access to a Paid Content or Service must be used within the specified time of the trial period and/or within the specified, often limited use granted.
f. Termination. switch maven reserves the right to terminate a developers training at any time during program to protect the best interest of a healthy learning environment for the entire future developer training body. Termination causes include but are not limited to; constant disruption, verbal, physical, or sexual harassment. Any fees paid are non-refundable if developer’s training is terminated. All provisions of these TOU which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. No Warranties and Limitations on SM Liability.
a. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER CONTENT PROVIDED TO YOU BY SM, ARE PROVIDED ON AN"AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND SM EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY SM, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY SM, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT SM, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL SM, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SITE.
b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE AND/OR TRAINING PROGRAM, IT’S MATERIALS OR OTHER PAID CONTENT.
IN PARTICULAR, AND WITHOUT LIMITATION, SM WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SITE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SITE; OR (4) AS OTHERWISE PROVIDED IN THESE TOU.
UNDER NO CIRCUMSTANCES WILL SM’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO SM OR $100.
You shall defend, indemnify, and hold harmless us and our Related Parties and Representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
12. Governing Law and Jurisdiction.
There TOU shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these TOU shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of California in it’s Northern District.
The TOU are subject to change by SM at any time in its sole discretion and you agree to be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes, and/or revisions of this agreement, you may not use switchmaven.com or any other SM Site.
14. Entire Agreement.
These TOU contain the entire agreement between the You and SM regarding the Your use of the Site and Content, and all materials directly and indirectly related thereto. This TOU agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by SM.
15. Severability and Non-waiver.
If any provision of this TOU agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The parties nevertheless agree to endeavor to give effect to our intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. Failure of SM to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.
16. Force Majeure.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These TOU are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Unless otherwise specified in these TOU, all notices under these TOU will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
The section and paragraph headings in these TOU are for convenience only and shall not affect their interpretation.
Effective Date of TOU: August 2017 © 2017 switch maven Pty Ltd All rights reserved.
Last udpated: 28/07/2017