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GENERAL TERMS AND STUDENT TERMS OF USE

The following General Terms and Conditions (hereinafter “Terms”) shall apply to all business relations between Xerrion of Cottage Close, Harrow, HA20HA (hereinafter "Xerrion") and you the user of our services. Please read these Terms carefully before using the website or services (collectively the “Platform”). These Terms constitute a legal agreement between you and Xerrion governing the use of our website and our services including but not limited to our courses, trainings, lesson, quizzes, tests (our “Services”). 

For convenience and user-friendliness these Terms are sectioned into two parts namely A) General Terms and Conditions, which are applicable to all users and visitors, B) Student Terms and Conditions, which are supplemental to the General Terms and Conditions if you are a student. The version valid at the time of the conclusion of the contract shall be authoritative in each case.

A) General Terms and Conditions
Terms of use
The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services. 
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.
By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Services, you agree and acknowledge that: 
you have read the terms set out in these Terms and agree to be bound by and comply with them; and
you shall ensure that all Users of your Account abide by these Terms. 
You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your Account at any time, or remove or edit content (including content submitted by you) on our Services or on any of our affiliated websites (including social media pages). 
We reserve the right to change, modify, suspend, or discontinue any portion of the Services or any other services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Services or any of our affiliated websites to advertise, promote or market any services of any third party or yourself.

Payment and Fees
Any Fees due in relation to the by you purchased services must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services. 
Our Fees may be amended from time to time at our discretion. 
You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment processor. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever. 
Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. 

Returns and Refund
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are set out in the Consumer Contracts Regulations 2013 but there are some exclusions that apply. In particular, this applies to digital content after you have started to download or stream it. 
If you have bought but not accessed our content you have 14 days after the day, we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. 
You expressly agree that we may begin supply of the content as part of your subscription before the end of the 14-day cancellation period referred to in the previous paragraph. You also acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost when you access our content because, at that point, we will have begun the supply of the content to you as part of the subscription.
To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g., by email) without delay. To meet the cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
All refunds will be made using the original payment method used less any transaction fees incurred by us as a result of your cancellation. If you haven’t received a refund within 14 days of us notifying you about your refund being issued, please, check your bank account again and contact your bank or credit card company. If you’ve done all of this and you still have not received your refund yet, please contact us using info@x-errion.com.

Intellectual Property
You agree that the Services and all content provided by us are the property of Xerrion, including all courses, trainings, events and live session, copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP").
By continuing to use the Services you acknowledge that Our IP is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. 
You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Services in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 
Our status (and that of any identified contributors) as the authors of content on our Services must always be acknowledged.
You must not use any part of the content on our Services for commercial purposes not specified on our Services without obtaining a licence to do so from us or our licensors. 
Notwithstanding any other provision of this Agreement, Xerrion shall retain all right, title and interest in and to, including any intellectual property rights with respect to designs, processes, specifications, applications, utilities, methodologies, know-how, materials, information and skills (and any derivative works, modifications and enhancements thereto) owned, acquired or developed by Xerrion or its licensors, and regardless of whether incorporated in any Services, (i) prior to the Effective Date; (ii) independently of, or not in connection with the performance of, the Services; (iii) in the general conduct of its business or to serve general functions that are not specific to your unique requirements; or (iv) if generally applicable, non-site specific and unrelated to the “look and feel” of the Services or other deliverables, in connection with the Services. 
Subject to the forgoing. and fulfilment of your payment obligations hereunder, Xerrion hereby grants you a personal and non-transferable, worldwide, perpetual, revocable, nonexclusive license, to use Xerrion Services pursuant to this Agreement as necessary for or in connection with the use, management and maintenance of such Services, provided that you not have the right to publish or distribute any Xerrion Services other than as part of such Services to any third party or to create derivative works of Xerrion Services.

Prohibited Uses
You may use our Services only for lawful purposes. You may not use our Services:
in any way that breaches any applicable local or international laws or regulations;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
not to access without authority, interfere with, damage or disrupt:
any part of our Services;
any equipment or network on which our Services is stored; 
any software used in the provision of our Services; or 
any equipment or network or software owned or used by any third party.

Restrictions
Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of our Services or any of the contents therein for any commercial or other purposes; 
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Services nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
not to provide or otherwise make available our Services in whole or in part in any form to any person without prior written consent from us; 
to include our copyright notice on all entire and partial copies you make of our Services on any medium; 
to comply with all applicable technology control or export laws and regulations; and
not to disrupt, disable, or otherwise impair the proper working of the Services or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming. 

Suspension
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Services. 
When a breach of these Terms has occurred, we may take such action as we deem appropriate. 
Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:
immediate temporary or permanent cancellation of your right to use our Services;
issuance of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this Clause are not limited, and we may take any other action we reasonably deem appropriate.

Warranties
While we make all efforts to maintain the accuracy of the information on our Services, we provide the Services, and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. 
To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Services or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Related Content, or electronic communications sent by us are free of viruses or other harmful components. 
Nothing contained in this Agreement shall be construed as a warranty that:
the Services will yield any Result or otherwise be successful, 
any Service will yield a specific result or otherwise be successful or 
the outcome of the Services will be utilisable in any respect.

Limitation Of Liability
We are not liable for the completeness, accuracy or correctness of any information uploaded on our Services and any Related Content. You expressly agree that your use of the Services is at your sole risk. 
You agree not to use the Services, and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services or any other website or software) for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss or corruption of data or information;
loss of business opportunity, goodwill or reputation; or
any other indirect or consequential loss or damage.
Nothing in these Terms shall limit or exclude our liability for:
death or personal injury resulting from our negligence; 
fraud; and/or
any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
Our Services is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content. 
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Indemnity
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Services, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

Other Important Terms
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. 
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 


B) Student Terms and Conditions

General 
The following Student Terms and Conditions are supplemental to the above-mentioned General Terms and Conditions. Your agreement to comply with and be bound by these terms and our General Terms and Conditions is deemed to occur upon your first use of the services. If you do not agree to be bound by these terms and our General Terms and Conditions, you should stop using the services immediately.

Scope
In order to register for our Service, you must a) be at least eighteen (18) years old and able to enter into contracts. Any minor under the age of 18 wishing to register must do so only through their Parents or legal guardians.; b) agree to the terms and conditions set forth in this Agreement; and c) provide true, complete, and up to date legal and contact information.
In order to be able to use the many services of Xerrion that are not generally accessible, registration is required. There is no legal entitlement to registration and the associated use of the services of Xerrion. In particular, Xerrion reserves the right to refuse the registration of a student without giving reasons.
The contract between Tutors and students is concluded on the basis of these terms and our General Terms and Conditions, upon registration. Deviating terms and conditions of the users are not valid, unless otherwise agreed.

Our Services and access license
We provide downloadable content, online courses lesson, quizzes, tests as set out on our website. Subject to subsection 2.2 of these Terms, Contents, Deliverables and Fees of our Classes shall be as set out on our website and the relevant subpages. 
Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.
You agree your access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services. 

Provision of the Services
With effect from the Commencement Date, we will throughout the Term of this Agreement, provide the Services to you.
We will provide the Services with reasonable skill and care, commensurate with prevailing standards.
We will be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
We will use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
Nothing in this Agreement will be deemed to require us to undertake any act or perform any services which in our good faith judgment would be misleading, false, libellous, unlawful, in breach of a contract, or otherwise prejudicial to you or our interests.
The undertakings in this Clause 3, shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than me. 
Notwithstanding the foregoing, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities including but not limited to third-party services, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 
This agreement shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling, or licensing documentation, classes, modules, content and/or services which are similar to those provided under this agreement. 
We warrant that We have and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this agreement.
Reselling of the Services to third parties is not permitted.

Default
You shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of this Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, we shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. Payments not made on the due date shall be subject to late charges equal to the maximum amount permitted under applicable law. We may suspend all services on notice until the amounts outstanding are paid in full.
If we delay or refrain from exercising any rights under this Agreement, we do not waive, nor will We lose those rights. If We accept late or partial payments from you, we do not waive the right to receive full and timely payments and other charges due under this Agreement.

Your Obligations
We provide a service, i.e., Students are coached, advised, guided by digital content etc. A concrete success is not promised. We provide the services on the basis of the data and information provided by you. The guarantee for their factual correctness and completeness lies with you. 
You expressly agree that your use of, or inability to use, our website or our Services is at your sole risk.
The Services is delivered to you 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
We are not responsible for your personal actions or choices before, during or after using any of our Services. You understand that any use of our Services, suggestion, recommendation, information is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you or any other person, may incur from your or their use or non-use of our Services, or information provided by me. 
We are not liable for the completeness, accuracy or correctness of any information uploaded on our Services and any Related Content. You expressly agree that your use of our Services, including reliance on any Advice, is at your sole risk. 
You shall use all reasonable endeavours to provide all pertinent information to us that is necessary for our provision of the Services.
You may, from time to time, issue reasonable instructions to us in relation to our provision of the Services. Any such instructions should be compatible with the specification of the Services.
In the event that We require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner. 
Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this Clause shall not be our responsibility or fault.

Modifications and Interruptions 
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. 
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. 
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. 
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. 
Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

No Warranty of Success
Nothing contained in this Agreement shall be construed as a warranty on the part of Xerrion that:
the Services will yield any Result or otherwise be successful, 
any Coaching Strategy will yield a specific result or otherwise be successful or 
the outcome of the Services or any Program will be utilisable in any respect.

No reliance on information and limitation of liability
Commentary and other materials posted on our services are not intended to amount to advice on which reliance should be placed; they are there for guidance purposes only.
Xerrion makes no representations, warranties, or guarantees, whether express or implied, that the content on the services is accurate, complete, or up to date.
Xerrion will not be liable for any loss or damage including, without limitation, loss of profit, indirect, incidental, or consequential loss, or any damages whatsoever arising from the use of, or in connection with such use or loss of use of, the services, whether in contract or tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the services or to your downloading of any content on it, or on any services linked to it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Child Protection
Xerrion seeks to provide the best service possible and provide a safe experience in which children can learn.
Any User who is the parent of a child under the age of 16 should not leave the child unsupervised.
If any User has a concern regarding child protection, they should contact Xerrion immediately.
 

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