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ndmdigital ONLINE DJ COURSE / AGREEMENT

 

Welcome to ndmdigital 

 

In these Terms, we refer to ndmdigital LLC  as “our”, “we”, or “us”.

And you are you!

 

What are these Terms about?

These Terms apply when you sign up for our online course through our website, http://ndmdigital.com/

 

Key Words used in these Terms

To make it easier for you to understand the terms on which we provide, and you use, an Online Course, we’ve tried to keep these terms and conditions (Terms) as simple as possible.

 

When we say “Online Course” in these Terms, we mean the range of software training and development courses that we offer through our Website, including any services provided during an Online Course such as access to our video content and associated materials (Services).

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Acceptance of these Terms

Before you enroll for an ndmdigital Online DJ Course, or otherwise engage with an Online Course, please carefully read these Terms. If you don’t agree to these Terms, please don’t enroll in an Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with an Online Course, you agree to be bound by these Terms.

 

1. Enrolling for the Online Course

  1. By paying the Fees or otherwise accessing an Online Course (Course Enrollment) you represent and warrant that:

    1. You must be of legal age or represented by a legal guardian to sign up for ndmdigital DJ Online Course

    2. you are authorized to use the debit or credit card you provide for your Course Enrolment.

 

  1. Enrolling in an Online Course constitutes your acceptance to enter into a contract with us under these Terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.

 

  1. These Terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.

 

2. ONLINE COURSES

 

2.1 ONLINE COURSE DELIVERY

  1. Our Online Courses are designed to teach you about and develop your skillset relating to the software or technology referenced in an Online Course description on our Website.

  2. You are required to have an account with Google (a Google Account) to access any Online Course related to certification with Google. If you do not have a Google Account, you may not be able to access or participate in all parts of an Online Course.

  3. Our Online Courses may be provided through a variety of mediums, depending on which course you choose. This may include video content, workbooks, one-on-one training sessions, resources and other learning materials.

  4. Online Course provided will be the same as the Online Course as described on our Website.

  5. Once we have received payment of the Fees, you will be granted access to the Online Course selected at checkout.

 

2.2 LICENSE TO USE AN ONLINE COURSE

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  1. Your access to an Online Course will be valid from the date of your Course Enrollment (Course Term).

  2. You are granted a limited license to use the Online Course for your own personal, non-commercial purposes during the Course Term.

  3. We may revoke your license if we suspect, for any reason, that you are misusing the license. For example, we may revoke your license if (without limitation) you:

  4. distribute the Online Course to other people or sharing your Google login details with other people for the purpose of sharing the Online Course;

  5. make commercial use of or infringing our intellectual property rights in the Online Courses; or

  6. do not comply with these Terms.

  7. In the event your license is revoked, these Terms will be terminated and you will not be entitled to a refund of the Fees.

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3. PAYMENT

  1. All Fees are:

    1. as displayed and accepted by you at the time of checkout (Fees);

    2. in US Dollars; and

    3. subject to change without notice prior to your Course Enrolment.

  2. (Payment obligations) You must pay the Fees in full at the time of your Course Enrolment.

  3. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express)

  4. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online Courses. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the Terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

  5. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrollment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.

 

4. DISCLAIMER

  1. While our Online Courses have been prepared with every effort to help you develop the relevant skills, any information provided as part of an Online Course is general in nature.

  2. Our Online Courses do not take into account your personal circumstances. Many factors will be important in determining whether you achieve any actual results in relation to your software skill development and there is no guarantee that you will be able to achieve any specific results within any timeframe, or at all.

 

5. COLLECTION NOTICE AND PRIVACY

  1. We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries 

  2. We collect and use personal information for the following purposes:

  3. to provide services or information to you;

  4. for record keeping and administrative purposes;

  5. to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

  6. where we have your consent, including to send you marketing and promotional messages and other information that may be of interest to you. In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt-out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

  7. for our legitimate interests including:

  8. to develop and carry out marketing activities and to conduct market research and analysis and develop statistics;

  9. to improve and optimize our service offering and customer experience;

  10. to send you administrative messages, reminders, notices, updates and other information requested by you;

  11. the delivery of our services.

  12.  your information is not shared and we take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorized access. Our website server WIX uses an Information Security Program based on international best practices . 

  13. online workshops are recorded in real time by live instructors utilizing open source software https://meet.jit.si.  Recordings will be available to students to review and only used for educational purposes within the Online Coarse.

 

6. INTELLECTUAL PROPERTY

6.1 OUR IP

  1. Intellectual Property Rights in an Online Course and our Services and any other related information or materials (Materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

  2. You will not under these Terms acquire Intellectual Property Rights in any of Our IP.

 

6.2 DEFINITIONS

For the purposes of this clause 6:

  1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attached to those materials.

  2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

 

7. CHANGES TO YOUR COURSE ENROLMENT

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7.1 CANCELLATION

Once we confirm your Course Enrolment, your Course Enrolment is binding and cannot be changed by you.

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7.2 REFUNDS

  1. Provided you have not accessed the Online Course, we will refund the Fees if you request a refund from us within 5 days of your Course Enrolment.

  2. Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.

 

8. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

  1. You may publish general information about what you have learnt from an Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in an Online Course.

  2. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

 

9. DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorized use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

 

10. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

10.1 THIRD PARTY GOODS AND SERVICES

  1. The Online Courses may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the Terms and conditions of those third parties. Your use of any Online Course is subject to any applicable third party Terms and conditions and you agree to familiarize yourself with all applicable third party Terms and conditions.

  2. To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of any Online Course or any issues experienced in Course Enrollment.

 

10.2 THIRD PARTY CONTENT

  1. The Online Courses may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Courses (Third Party Content).

  2. We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

 

10.3 LINKS TO OTHER WEBSITES

  1. The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

  2. Inclusion of any linked website on any Online Course does not imply our approval or endorsement of the linked website.

 

11. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Courses. You should take your own precautions to ensure that the process that you employ for accessing any Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.

 

12. REPORTING MISUSE

If you become aware of misuse of any Online Course by any person, any errors in the material in any Online Course or any difficulty in accessing or using any Online Course, please contact us immediately using the contact details or form provided on our Website.

 

13. SERVICE LIMITATIONS

The Online Course is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

  1. the Online Courses will be free from errors or defects;

  2. the Online Courses will be accessible at all times;

  3. information you receive or supply through the Online Courses will be secure or confidential; or

  4. any information provided through the Online Courses is accurate or true.

 

14. NOTICES

  1. A notice or other communication to a party under these Terms must be:

    1. in writing and in English; and

    2. delivered to the other party via email, to the email address to info@ndmdigital.com 

  2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

    1. 48 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next

    2. occurring business day in that state or territory; or

    3. when replied to by the other party, whichever is earlier.

 

15. LIABILITY

  1. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to an Online Course, the Website, the Services these Terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for an Online Course. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.

  2. All express or implied representations and warranties in relation to an Online Course, the Website, the Services these Terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.


 

16. DISPUTE RESOLUTION

  1. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

 

17. TERMINATION

  1 AUTOMATIC TERMINATION

Your license and access to an Online Course will terminate automatically at the end of the Course Term (whether you have accessed the Online Course or not).

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