PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Part B: Website Terms of Sale – This tells you the legal terms and conditions on which we sell any of the products listed on our site to you.
(Part A and Part B of this document shall together be referred to as the “Terms”)
The following general terms shall apply to these Terms.
Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
Clause headings are purely for ease of reference and do not form part of or affect the interpretation of these Terms.
References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
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.
These Terms are not enforceable by any person who is not a party to it. This means that you and us are the only people who can enforce these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If you are a consumer, please note that these Terms are governed by Washington state law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by Washington state law. You and we both agree to that the courts of Washington will have non-exclusive jurisdiction.
If you are a business, a contract made between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Washington state.
If you are a business, we both irrevocably agree that the courts of Washington state shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
In these Terms, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
“Course” means proficiency tests training courses and competency tests sold on our site in relation various disciplines including (without limitation) business and lifestyle skills and which consist of the Materials.
“Direct Purchase” means a purchase of our Course directly from our site.
“Indirect Purchase” means a purchase of our Courses through a third party voucher based retailer or third party organization.
“Materials” means any documents, images, text, videos, electronic files or any other materials which are
OTHER APPLICABLE TERMS
If you purchase goods directly from our site (Direct Purchase) or through a third party merchant (Indirect Purchase), our terms and conditions of sale set out in Part B will apply to the sales.
INFORMATION ABOUT US
Spiked Wireless is a trading name of Spiked Holdings LLC. We are a company registered in Washington state. We refer to ourselves as “we”, “us” or “our” in these terms.
CHANGES TO THESE TERMS OR OUR SITE
Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
As part of the registration process you will need to submit a username and password (together your “Registration Details”), both of which you will be required to submit each time you log on. You must treat the Registration Details as confidential, and you must not disclose them to any third party. We will be entitled to assume that any person logging onto any part of our site is either you or someone doing so with your permission, and you will be liable for any actions of any person logging on using your
Registration Details. You should therefore notify us immediately if you suspect that anyone else knows your Registration Details and has logged on as you.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Courses.
We reserve the right to require you to change your Registration Details at any time for any reason.
You represent and warrant that all information you provide to us during the registration process and at all other times will be true, accurate and comprehensive and you agree to maintain the accuracy of such information at all times.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in and to our site and the Course are owned by us and shall remain owned by us or our licensors.
On downloading the Materials from our site, you own the medium on which the Materials are recorded, but we do not transfer title to such Materials to you and we retain full and complete title to the Materials and all Intellectual Property Rights therein. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Materials to human-readable form.
You acknowledge that all Intellectual Property Rights in and to the names “Spiked Wireless” and any associated logos (the “Marks”) are and shall remain owned by us and that all goodwill accruing in the Marks shall accrue to and be owned by us.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
While we endeavor to update and ensure that the information contained in the Courses and on our site is correct, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
Some activities suggested or referred to in the Courses may present a high risk of injury. Such activities may include lifting, reaching, handling hazardous or flammable products and using dangerous equipment or machinery. You are at all times responsible for assessing the appropriateness of using the Course and must consider your personal health and physical suitability before using the same. You must consult a doctor if you are in doubt about your physical suitability.
We will not be held responsible for any injury, loss or damage resulting from use of the Courses. We are also not responsible for providing advice on the health and safety requirements or precautions which should be observed when using the Course. You must ensure that you comply with the health and safety guidelines provided with the products or equipment that you are using.
ACCESSING AND USING OUR SITE, THE COURSE AND THE MATERIALS
You may use the Course and view, download and print any Materials relating to the Course and information made available to you through our site subject to the following conditions:
you may not allow other people (including other people within your organization) to use your Registration Details or otherwise access the Materials;
you may not use the Materials to provide any services of any kind to any other person (including other people within your organization);
the Materials shall not be reproduced or included in any other work or publication in any medium;
the Materials may not be modified or altered in any way;
the Materials may not be distributed or sold to any third party for any purpose; and
you may not remove any copyright or other proprietary notices contained in the Materials.
You are responsible for making all arrangements necessary and purchasing any equipment or software required to enable you to access our site, Courses or Materials. In particular, you will be responsible at your own cost for obtaining your own copy of the computer program, up to date internet browser software and any other software required to enable you to view or download the Materials.
We do not warrant that our site, the Courses or the Materials, or your access to them, will always be available or be uninterrupted or error-free, that defects will be corrected, or that our site, the Courses or Materials or the server that makes them available are free of viruses or other harmful components.
USING AND UPLOADING CONTENT ON THE SITE
You agree that whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site (including any bulletin board, chat room, forum or other similar pages that may be included in our site from time to time) you will not: harass others or disclose personal information about others that could amount to harassment; publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of our site or any other computer; create multiple logins; impersonate others; promote or undertake any activity that is illegal or fraudulent; or use software to harvest the Materials or any other information from our site.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we reserve the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
The views expressed by a guest, registered user or other users on our site do not represent our views or values.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
If you are a business user, please note that, in particular, we shall not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites.
We will not be liable for any loss or damage that may arise from your use of them.
VIRUSES, HACKING AND OTHER OFFENCES
Due to the inherent risks of using the internet we cannot be liable for, and hereby exclude to the fullest extent permissible by applicable law, all liability 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 our site, Materials or to your downloading of any material posted on it, or on any website linked to it.
We do not warrant that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our site.
You should use your own virus protection software.
During your use of our site, you must not knowingly or recklessly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which they are stored or from which they are provided, or any server, computer or database connected to them. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act of 1986. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and Course will cease immediately.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept responsibility for Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to our site, you do so entirely at your own risk.