Last Updated: May 31, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
www.coursewarestore.com is a website operated by Webucator, Inc., a New York corporation with a place of business at 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313.
This page (together with the documents referred to on it) tells you the terms and conditions on which you may use the Courseware Store and on which we supply any of the Products listed on our website coursewarestore.com to you. Please read these terms and conditions carefully before ordering any Products from the Courseware Store. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
The Courseware Store is offered and available to users who 18 years of age or older. By using the Courseware Store, you represent and warrant that you are of legal age to form a binding contract with the Webucator, Inc. and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or purchase any of the Products from the Courseware Store.
Please accept these terms and conditions at the end of the checkout page. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from Webucator’s Courseware Store.
You should print a copy of these terms and conditions for future reference.
1. TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
- "Webucator", "we" or "us" means Webucator, Inc., its employees, subcontractors and/or other companies which are appointed by Webucator to provide services in relation to the Courseware Store operated by Webucator;
- "E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices").
- "Goods" means physical products such as (but not limited to) books, manuals or software on physical media;
- "Reader Platform" means the platform provided by Webucator where E-books can be accessed or downloaded to a Reading Device subject to the terms and conditions applying to the Platform Reader and after registration at the platform;
- "Product(s)" is any product offered in the Marketplace consisting of either an E-book, a Voucher, or Goods which may be purchased from the Courseware Store operated by Webucator; and
- "Courseware Store" or “Marketplace” means the Webucator Courseware Store coursewarestore.com
- 2.1 The Courseware Store is only intended for use by registered customers purchasing Products as a business for commercial purposes, including the resale of Products to end customers. The Courseware Store shall only be used for such purposes.
- 2.2 By ordering Products from the Courseware Store, you warrant that:
- 2.2.1 You are legally capable of entering into binding contracts; and
- 2.2.2 You guarantee that any of your customers who purchase and are supplied with E-books or Goods has been made aware of and bound by the terms that govern their use of the Products, and shall only be used for the intended training purposes. This agreement authorizes Licensee with non-exclusive rights to use the training materials for educational purposes their students or customers for training purposes only. Placing the materials on marketplace, open source, shared content or any third party websites is strictly forbidden.
- 2.3 Access to the Courseware Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products we provide via the Courseware Store without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the Courseware Store. We will not be liable to you if for any reason the Courseware Store is temporarily unavailable at any time or for any period.
- 2.4 From time to time, we may restrict access to some or all parts of the Courseware Store.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 3.1 Any contract for the purchase of Products from the Courseware Store will be concluded with Webucator, Inc. 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313.
- 3.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us.
- 3.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
4. AVAILABILITY AND PRODUCT DELIVERY
- 4.1 We aim to update the Courseware Store regularly, and may change the content at any time. If the need arises, we may suspend access to the Courseware Store, or close it indefinitely at any time, for any reason, and in our sole discretion. Any of the material on the Courseware Store may be out of date at any given time, and we are under no obligation to update such material.
- 4.2 Although we endeavor to ensure the availability of the Products shown in the Courseware Store, we cannot
guarantee that all of the Products will be in stock or available when you place your order. If we are unable to
process or execute your order, we shall contact you:
- 4.2.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
- 4.2.2 to notify you that we are unable to fulfill the order.
- 4.3 Webucator will make available an API feed of metadata (benefits, outline, etc.) for courseware titles listed
in the Marketplace:
- 4.3.1 The API feed is specific to your company. You are welcome to consume the feed to gather course information from the Marketplace for your company's website.
- 4.3.2 Webucator will make every effort to ensure that the feed is available but does not warrant that the feed will always be accessible.
- 4.3.3 If you use the feed to list courses from the Marketplace on your website, then you will use courseware from the Marketplace to deliver those courses when they are sold.
- 4.3.4 Webucator reserves the right to remove or block access to the feed at any time and for any reason.
If you reject our offer of an alternative Product and we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
5. SPECIFIC TERMS REGARDING 3rd PARTY ONLINE LABS FOR COURSEWARE
The purchase and use of labs are subject to the terms of the lab providers and that we make no guarantees and assume no liability.
6. RISK AND TITLE
The Products will be at your risk from the time of delivery.
7. PRICE AND PAYMENT
- 7.1 The price of any Products will be as quoted in the Courseware Store from time to time, except in cases of obvious error. The Courseware Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the Courseware Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the Courseware Store, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 7.2 These prices exclude VAT and in the shopping cart you will see the price, applicable VAT and delivery costs, if applicable.
- 7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- 7.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
- 7.5 We are under no obligation to deliver the Products until we have received payment from you. Please note that the order value displayed at checkout does not reflect any service charges that your bank or your provider for other payment services may impose from the use of payment methods. Please check in advance with your issuing bank or provider of payment services to find out which additional charges may apply.
- 7.6 Withholding taxes: In case you claim entitlement to tax withholding you will need to provide Webucator with the form or document legally required to prove that you are entitled to tax withholding. Until you provide the required documentation to Webucator’s reasonable satisfaction, Webucator will require payment of the full price of the Products you ordered without any deductions. Any WHT for indirect taxes and surcharges shall be added to the prices and shall be borne by you. You shall provide Webucator with the tax payment / withholding certificate for indirect taxes and surcharges within 15 days after payment of the prices.
8. OUR REFUNDS POLICY
Unless a specific returns policy has been agreed with you, the following returns policy applies:
- 8.1 You may return a Product to us in case the Product is defective or in case we have sent to you a Product that does not comply with the specifications of your order: In such cases you will receive a replacement.
9. PERSONAL DATA
10. OUR LIABILITY
- 10.1 In accordance with your statutory rights, we warrant to you that any Product purchased from the Courseware Store is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- 10.2 We cannot ascertain whether you or your customers’ computer or Reading Device fulfills the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
- 10.3 The Marketplace and the Products are provided "as is". While we have taken every care in the preparation of the content of the Marketplace, we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Courseware Store. Except as set out in this condition , all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Products are excluded to the extent permitted by law.
- 10.4 WITHOUT LIMITING THE FOREGOING, WEBUCATOR DOES NOT REPRESENT OR WARRANT THAT THE MARKETPLACE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE MARKETPLACE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MARKETPLACE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MARKETPLACE OR PRODUCTS OBTAINED WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- 10.5 EXCEPT AS OTHERWISE OUTLINED IN THIS SECTION, TO THE FULLEST EXTENT PROVIDED BY LAW, WEBUCATOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- 10.6 Where the Courseware Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with the content of such sites and resources, have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- 10.7 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms and conditions, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect, incidental, special, exemplary, punitive, or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Marketplace, regardless of whether or not we were advised of the possibility of such damages and the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Marketplace or any of the materials on the Marketplace (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
- 10.8 This does not include or limit in any way our liability:
- 10.8.1 for death or personal injury caused by our negligence;
- 10.8.2 for fraud or fraudulent misrepresentation; or
- 10.8.3 for gross negligence or intent; or
- 10.8.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 10.9 OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE
WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED
THROUGH THE MARKETPLACE.
- 10.9.1 The limitation of liability set forth above shall only apply to the extent permitted by law.
11. INTELLECTUAL PROPERTY
- 11.1 Products offered in the Courseware Store are the intellectual property of their respective authors. To activate the download or an E-book to a Reading Device or access to an E-book on the Platform Reader you and/or your customer must accept the respective terms and conditions bundled with the Product. You may not and you will ensure that your customer does not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
- 11.2 We are the owner or the licensee of all intellectual property rights in the Courseware Store, and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
- 11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 11.5 Using the Courseware Store does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
- 11.6 The Courseware Store and all logos on the Site are business names and marks which are the property of Webucator, Inc. or third parties.
12. WRITTEN COMMUNICATIONS AND NOTICES
- 12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Courseware Store, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the Courseware Store or the account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- 12.2 All notices given by you to us must be given to Webucator, 201 West Genesee Street, Suite 113, Fayetteville, NY 13066-1313, or by email: firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your account, or in any of the ways specified in clause 19.1 above. Notice will be deemed received and properly served immediately when posted in the Courseware Store, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
- 13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
- 13.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
- 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
- 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable
control and includes in particular (without limitation) the following:
- 14.2.1 strikes, lock-outs or other industrial action.
- 14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- 14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- 14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 14.2.5 impossibility of the use of public or private telecommunications networks.
- 14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
- 14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. VIRUSES, HACKING AND OTHER OFFENSES; PROHIBITED USES
- 15.1 You must not misuse the Courseware Store or the Service by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Courseware Store or the Service, the server on which the Courseware Store or the Service is stored or any server, computer or database connected to the Courseware Store. You must not attack the Courseware Store or the Service via a denial-of-service attack or a distributed denial-of-service attack.
- 15.2 By breaching this provision, you would commit a criminal offense. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Courseware Store and our Service will cease immediately.
- 15.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Courseware Store and our Service or to your downloading of any material posted on it, or on any website linked to it. Your use of the Courseware store is at your own risk.
- 15.4 You may use the Courseware Store or the Service only for lawful purposes and in accordance with these terms
of use. You agree not to use the Courseware Store or Service:
- 15.4.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- 15.4.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- 15.4.5 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- 15.4.6 To impersonate or attempt to impersonate Webucator, a Webucator employee, another user, or any other person or entity (including, without limitation, by using email addresses or login credentials associated with any of the foregoing).
- 15.4.7 To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Courseware Store or the Service, or which, as determined by us, may harm Webucator or users of the Courseware Store or Service, or expose them to liability.
- 15.4.8 Additionally, you agree not to:
- 188.8.131.52 Use the Courseware Store or the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the foregoing, including their ability to engage in real time activities.
- 184.108.40.206 Use any robot, spider, or other automatic device, process, or means to access the Courseware Store or Service for any purpose, including monitoring or copying any of the material on the Courseware Store.
- 220.127.116.11 Use any device, software, or routine that interferes with the proper working of the Courseware Store or Service.
- 18.104.22.168 Otherwise attempt to interfere with the proper working of the Courseware Store or Service.
- 15.5 We have the right to:
- 15.5.2 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- 15.5.3 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Courseware Store.
- 15.6 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Courseware Store. YOU WAIVE AND HOLD HARMLESS WEBUCATOR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEBUCATOR DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER WEBUCATOR OR LAW ENFORCEMENT AUTHORITIES.
- 15.7 We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on or through the Courseware Store or Service. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- 16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 (Notices) above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 18.1 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 18.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
- 18.4 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the Webucator Courseware Marketplace will be governed by New York law, and the courts of the state of New York located in Onondaga County shall have exclusive jurisdiction.