Terms and Conditions

BACKGROUND:

 

This agreement applies as between you, the User of this Web Site and Skills Online Group Limited, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

 

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon the relevant Material being made available to you.

 

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

 

“Account”	means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Cookie”	means a small text file placed on your computer by SOG when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your shopping cart and registered details. Further details are contained in Clause 10 and Schedule 1 of this Policy;
“Data”	means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
“Skills Online Group Limited”	means Skills Online Group Limited. 6th Floor, Harbour Front Building, President John Kennedy Street, Port Louis, Mauritius
“Service”	means collectively any online facilities, tools, services or information that Skills Online Group Limited makes available through the Web Site either now or in the future;
“System”	means any online communications infrastructure that Skills Online Group Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Web Site and is not employed by Skills Online Group Limited and acting in the course of their employment; and
“Web Site”	means the website that you are currently using (www.skillsonlinegroup.com) and any sub-domains of this site (e.g.webskillsonline.com) unless expressly excluded by their own terms and conditions.

 

2. Age Restrictions

1.1     The Web Site as a whole is usable by persons of all ages, however purchases may only be completed by persons over the age of 18 (or 21 in States where this is the legal age of majority) or by persons under that age with the supervision of an adult.

 

3. Intellectual Property

3.1     Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Skills Online Group Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2     Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Skills Online Group Limited.

 

4. Third Party Intellectual Property and Material

4.1     Material available for purchase on this Web Site is always accompanied by the details of its respective author and owner. The Material is the property of the author and owner detailed. Such ownership extends to any free previews of Material that may be available on this Web Site.

4.2     Subject to Clause 5, Purchased Material is subject to the accompanying Licence and is to be used only in accordance with the terms of that Licence. Use without a Licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Material.

4.3     Free previews of Material may not be used in works in progress. Such preview Material must be removed from and / or replaced with purchased Material for any versions of works that are released to any parties other than co-authors. Under no circumstances are Material previews or any work containing them to be commercially exploited.

 

5. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

6. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Skills Online Group Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

 

7. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.skillsonlinegroup.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Fraser Black M.D. To find out more please contact us by email at info@skillsonlinegroup.com or calling us on + 44 207 873 2203

 

8. Use of Communications Facilities

8.1     When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

8.1.1    

You must not use obscene or vulgar language;

8.1.2  

You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3    

You must not submit Content that is intended to promote or incite violence;

8.1.4    

It is advised that submissions are made using the UK English language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.5    

The means by which you identify yourself must not violate these terms of use or any applicable laws;

8.1.6    

You must not impersonate other people, particularly employees and representatives of Skills Online Group Limited or our affiliates; and

8.1.7    

You must not use our System for unauthorised mass-communication such as “spam” or “junk                       mail”.

8.2     You acknowledge that Skills Online Group Limited reserves the right to monitor any and all communications made to us or using our System.

 

9. Submitting Material (authors, subject matter experts, 3rd content owners)

1.1     Submissions of material to be sold on the Web Site are governed by our material submission rules.

 

10. Accounts

10.1     In order to purchase Material on this Web Site and to use the free demo/podcast facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

10.1.1    

all information you submit is accurate and truthful;

10.1.2    

you have permission to submit Payment Information where permission may be required; and 

10.1.3    

you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

10.2    

It is recommended that you do not share your Account details, particularly your username and                     password. Skills Online Group Limited accepts no liability for any losses or damages incurred as a                 result of your Account details being shared by you. If you use a shared computer, it is recommended             that you do not save your Account details in your internet browser.

10.3    

If you have reason to believe that your Account details have been obtained by another without consent, you should contact Skills Online Group Limited immediately to suspend your Account. Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.

10.4

When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

 

11. Termination

11.1     Either Skills Online Group Limited or you may terminate your Account. If Skills Online Group Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

11.2     If Skills Online Group Limited terminates your Account, you do not retain the right to use the Material purchased from us.

11.3     If you terminate your Account, you do retain the right to use the Material purchased from us.

11.4     Skills Online Group Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and granting access to Material.

 

12. Material, Pricing and Availability

12.1     Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from Skills Online Group Limited correspond to the actual Material, Skills Online Group Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Material, not different Material altogether. Please refer to Clause 13 for incorrect or faulty Material.

12.2     Where appropriate, you may be required to select the required format of the Material that you are purchasing.

12.3     Skills Online Group Limited does not represent or warrant that such Material will be available. Material may be temporarily unavailable due to problems with the Service, maintenance or similar. Alternatively, Material that is no longer available may remain referenced on the Web Site for a short time before removal.

12.4     All pricing information on the Web Site is correct at the time of going online. Skills Online Group Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month.

12.5     In the event that prices are changed during the period between an order being placed for Material and Skills Online Group Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

12.6     All prices on the Web Site DO NOT include VAT. No VAT is applicable. 

12.7     The terms of our Mauritian business license require us not to sell courses to Mauritian residents.

 

13. Replacements, Course Expiry & Refunds Policy

Skills Online Group Limited aims to always provide high quality training material that is fault free. On occasion however, training material may contain faults and will be replaced with a replacement download.

Skills Online Group reserves the right to provide replacements before any refund is agreed. We operate a REFUNDS policy that is governed by the following Terms and Conditions:

13.1     These Terms and Conditions cover only faults that impair the use of the Material. This includes, but is not limited to, data corruption.

13.2     These Terms and Conditions do not cover usage difficulties arsing out of issues such as file incompatibility or minor mistakes in the Material itself such as spelling errors or graphical faults that do not result from data corruption.

13.3     If Material contains faults on download, you should inform Skills Online Group Limited immediately and must inform us within 24 hours of the download in order to receive a replacement download. Any notification received outside of this time period is at the exclusive discretion of Skills Online Group Limited’s management.

13.4     The course completion period is 30 days from (and including) date of purchase. You will be required to either top-up to complete the course or you will be required to purchase the course again should your course expire.

13.5     In the event that the incorrect Material is downloaded due to an error on the part of Skills Online Group Limited, you should inform us immediately and must inform us within 24 hours of the download in order to receive the correct download. Any notification received outside of this time period is at the exclusive discretion of Skills Online Group Limited’s management.

Where any refund is issued, you are required to delete and / or destroy any copies of the Material, electronic or otherwise. Any other works into which the Material has been integrated must have the Material removed from them or, where this is not possible, be deleted and / or destroyed themselves. Failure to do so will result in you being in breach of the Licence under which you purchased the Material.

We will not refund any customer that has completed more than 33% of the training course where a refund is sought nor will we will not refund any customer that has downloaded the course notes. Once the course notes have been downloaded no refunds will be available as you effectively have the training course in a written format.

 

14. Privacy

Use of the Web Site is also governed by our Privacy Policy – www.skillsonlinegroup.com/privacy-policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

 

15. Disclaimers

15.1     Subject to the Terms and Conditions above, Skills Online Group Limited makes no warranty or representation that the Web Site or the Material available for purchase will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

15.2     No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

15.3     No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

 

16. Changes to the Service and these Terms and Conditions

Skills Online Group Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Skills Online Group Limited is required to make any changes to Terms and Conditions relating to sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

17. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Skills Online Group Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

18. Limitation of Liability

18.1     To the maximum extent permitted by law, Skills Online Group Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

18.2     Whilst every effort is made to keep viruses and similar malicious software or code out of Content, Material, Systems and Services provided, Skills Online Group Limited accepts no liability for any damage done by such elements. Users bear the responsibility of ensuring adequate virus protection for their own systems and are advised to make regular and frequent back-ups.

18.3     Nothing in these Terms and Conditions excludes or restricts Skills Online Group Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Skills Online Group Limited.

18.4     Nothing in these Terms and Conditions excludes or restricts Skills Online Group Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Material or out of reliance on incorrect information included on the Web Site.

18.5     Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

19. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

20. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

21. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@skillsonlinegroup.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

22. Discount vouchers, promotional offers, discount bundles

Skills Online Group reserves the right to withdraw any and all discount vouchers, promotional offers or discount bundles issued by ourselves without any prior notice or compensation offered. Our vouchers do not carry a cash value and cannot be exchanged for cash. We reserve the right to suspend your course(s) and your membership if we notice voucher fraud taking place within your account. Our decisions are final and no negotiation will be allowed.

 

23. Data roaming

Skills Online Group assumes no responsibility for data  and roaming fees incurred should you decide to participate in our online training whilst on your smart-phone or smart hand-held device whilst overseas. It is your responsibility to check with your mobile network operator on your data and roaming tariffs whilst on holiday or on business.

 

24. Law and Jurisdiction

These terms and conditions and the relationship between you and Skills Online Group Limited shall be governed by and construed in accordance with the Laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England & Wales. 

 

ALL ACCESS TRAINING - END USER LICENSE AGREEMENT

 

PLEASE READ THIS ONLINE END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING ANY OF THE ONLINE TRAINING SERVICES OFFERED BY SKILLS ONLINE GROUP LIMITED. ("SOG") DESCRIBED BELOW. BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

 

 

1.            Online Training Services.

Subject to the terms of this Agreement, SOG hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the online training software ("Software") and content (hereinafter the Software and content shall be referred to as the "Services") during the Term of this Agreement. Your use of the Services shall be strictly in accordance with this Agreement and our Terms of Use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this Agreement, SOG acts an agent, whilst TOTAL TRAINING INC. (US) owns and retains all right, title, and interest in the Services and any and all related materials realted to the TOTAL TRAINING ONLINE product.

2.            Payment.

For access to and use of the Services, you agree to pay the amounts set forth in SOG's Fee Schedule for the number of users and/or site for which you are purchasing a license. You hereby acknowledge and agree that the subscription fee is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys' and collection fees arising from efforts to collect any past due amounts from you.

3.            Restrictions On Use.

All pages within this Website and any material made available for download (collectively the Website") are the property of SKILLS ONLINE GROUP LIMITED. and/or its affiliates. The Website is protected by federal and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of SOG. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable End User License Agreements. Any rights not expressly granted by these Terms and Conditions or any applicable End User License Agreements are reserved by SOG.

4.            Website Availability.

SOG's Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of SOG or which are not reasonably foreseeable by SOG, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. We aim for 99.999% up-time but this is not guaranteed.

 5.            Modifications and Changes to Services and/or Website.

The software, content, availability and access and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice in SOG's sole discretion.

6.            Links or Pointers to Other Sites.

SOG makes no representations whatsoever about any other website that you may access though this Website. When you access a non-SOG Website, you understand that it is independent from SOG and SOG has no control over the content on that website. In addition, a hyperlink to a non-SOG website does not mean that SOG endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

7.            Your Responsibilities.

You agree to comply with our Terms of Use and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify SOG promptly if you suspect unauthorized use of your account. Until you notify SOG, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify SOG immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service. As a condition of your use of this Website, you warrant to SOG that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

8.            Prohibited Activities.

You may not modify, reverse engineer, or decompile the Software or Services or create derivative works based on the Software or Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services. Except for downloading of project files, which is authorized, you may not save the Software to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.

9.            Disclaimer of Warranties.

THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. SOG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. SOG DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. SOG DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOG OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. SOG IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

10.          Limitation of Liability.

IN NO EVENT SHALL SOG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF SOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SOG TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SOG IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

11.          Exclusive Remedy.

Your sole right and exclusive remedy for breach of this Agreement by SOG if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.

12. Term and Termination.

The term of this Agreement shall commence: (i) For single seat direct purchases via web or phone the term begins at time of purchase; (ii) For subscriptions purchased via activation code, including, via promotion, resellers or multi-seat purchases, the term begins upon activation of the first activation or 30 days from the date of purchase, whichever occurs first.

Subscriptions

Subscriptions shall continue for the length of time established by the original subscription, unless earlier terminated as provided in this Agreement. After completion of the initial term, and each anniversary thereafter, this Agreement shall automatically renew for the same duration as the original subscription period unless written notice of the intent not to renew this Agreement is tendered by either party no more than two (2) business days after renewal of this Agreement. Renewals automatically extend subscriptions from the anniversary date or the final date of the month if no corresponding date exists March 31, 2009 subscription renews on April 30, 2009 for a full term regardless of whether the renewal is purchased prior to the anniversary date or during any applicable grace period following the anniversary date. Renewals will be at the current full subscription price at time of renewal, and any discounts, rebates or other special offers only are not applicable to renewal subscriptions. SOG may increase subsequent subscription rates at any time to take effect on future anniversary renewal dates provided subscriber is notified thirty (30) calendar days prior to the subscription rate increase. Renewal subscriptions will be charged to the credit card submitted for payment at time of initial subscription. Customer must notify SOG of any changes to credit card information and SOG may terminate or suspend the subscription if unable to renew the subscription based on inaccurate or outdated credit card information. Subscriber and renewal fees are non refundable, and pro-rated fees or credits will not be issued upon cancellation of subscription by subscriber, even if cancellation occurs prior to anniversary date. Subscriber may terminate this Agreement upon SOG's failure to cure an ongoing, material breach of this Agreement within thirty (30) days after giving SOG written notice of such material breach. SOG may at any time and without advance notice modify or restrict your use of the Services, or terminate this Agreement if SOG determines, in its sole discretion, that your use of the Services: (i) violates SOG's Terms of Use; (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (iii) violates any intellectual property rights of SOG or a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a malfunction of the Services; (vi) may expose SOG to potential legal liability; or (vii) if you fail to timely pay any amounts required under this Agreement.

13.          Rights and Duties Upon Termination.

Upon termination of this Agreement, all rights to the Services terminate immediately and you must remove any SOG software or content from your computer immediately. You remain liable for the full charge(s) for all unexpired Term(s). If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Services without SOG's prior written approval. SOG may delete any data files associated with your use of the Services upon termination of this Agreement.

14.          Use of Free Tutorials.

if you elect to use the Services as a guest by using one or more of the free tutorials offered from time to time on SOG's website, all of the terms and conditions of this Agreement will be applicable to such use, excluding however, any terms related to payment therefore.

15.          Choice of Law, Venue and Jurisdiction.

This Agreement is entered into in the United Kingdom and shall be governed by and construed in accordance with the laws of the UK. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in London, England, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.

16.          General Terms. 

Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of SOG and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and SOG may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.