Digital Product Terms and Conditions
The following terms and conditions (the “Terms & Conditions”) are entered into between you (referred to as “you” or “your”) and Marcode (referred to as “Marcode”, “we”, “our”, or “us”).
The Digital Product
Marcode provides online e-learning courses, and digital templates that help engineers who are non-native English speakers to improve their Technical English and Business Communication, any one of which is a “Digital Product”. As a condition of purchasing and using the Digital Product, you agree to be bound by these Terms & Conditions.
Terms That Apply to Your Purchase
Unless these Terms & Conditions state otherwise, each of those agreements and policies shall apply fully to your purchase and use of the Digital Product.
If there is any inconsistency between any of those agreements and/or policies and these Terms & Conditions, these Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Terms & Conditions, you can be sure that the refund policy you see here applies to your Digital Product purchase.
Our Relationship With You
When you purchase a Digital Product, Marcode agrees to provide you with access to the Digital Product, which is an educational and informational resource. The information contained in the Digital Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Nothing in these Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and Marcode.
Payment Required for Access
By purchasing the Digital Product, you understand and acknowledge that you are entering into a legally binding contract with Marcode, which requires you to pay the fees in full in exchange for access to the Digital Product.
You will only be entitled to use the Digital Product when we receive full payment of the fee in its entirety .
Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we provide access immediately when you make a payment, but if the payment then fails, we may revoke your access immediately without notifying you.
By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Digital Product purchasing page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with its third-party payment providers.
Consequences of Failed Payments
In the event any payment fails or is not made by the due date, your access to the Digital Product and the Online Community will be immediately suspended, and any rights or licenses to use the Digital Product and related materials will terminate as of the date of non-payment.
By agreeing to these Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.
We want you to be satisfied with your purchase. For this reason, we offer a 30 days “No Fuss” refund policy.
If you are not satisfied with your purchase and would like to request a refund, you can email us at [email protected] within 30 days of the date of your purchase, and we will give you your money back.
What Is Included With Your Digital Product Purchase
As part of the Digital Product, Marcode will provide the following:
Access to the Digital Product
You will receive an email with instructions on how to access the Digital Product shortly after your purchase.
You will have access to the Digital Product from the date of your purchase (the “Start Date”).
We will maintain access to the Digital Product via a digital platform, and your login details will be provided in the instructions email (the “Platform”).
Your purchase of the Digital Product comes with “lifetime access” to the Digital Product, which means that you will be able to access the Digital Product via the Platform for as long as the Digital Product remains published. If the location or method of access to the Platform changes, you will be notified and be provided with instructions for how to access the Platform at its new location.
If we decide to unpublish the Digital Product at any time in the future, you will receive a notification that gives you at least 30 days to download all of the materials related to the Digital Product from the Platform before it is unpublished.
Access To Online Community
We will maintain an online community that you will optionally have access to as a customer of the Digital Product (the “Online Community”). This Online Community will be available to you from the Start Date. The Online Community provides a forum for you to connect with other Digital Product customers and to seek guidance and support. Our staff will seek to interact with Digital Product participants in the group, but we do not make any guarantees about participation by our staff or other members. You are required to abide by any and all rules posted in that Online Community. If you fail to abide by those rules, you will forfeit your right to participate in the Online Community. If you lose your right to participate in the Online Community as a result of rules violation, you will not receive any discount or refund.
From time to time, Marcode will offer bonuses to individuals who purchase the Digital Product. You shall be entitled to any bonuses offered to you at the time of purchase and the details of those bonuses as well as any specific requirements or conditions of use will be made clear to you on the purchase page.
All content included as part of the Digital Product, in any format, and any software used in the Digital Product, is the property of Marcode or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights.
Your purchase and use of the Digital Product does not result in a transfer of any intellectual property to you. As a condition of your use of the Digital Product, you agree to observe and abide by all copyright and other intellectual property laws.
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as specifically allowed by these Terms & Conditions or with prior written consent from us.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Digital Product, including all content and resources contained within the Digital Product for your own business’s use to achieve the outcomes set out on the Digital Product’s purchasing page (the “Purpose”).
You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, or any part of the content, found in the Digital Product, except to the extent required to fulfil the Purpose. You also agree that you will not use your access or any part of the content in order to compete with Marcode or to harm our business prospects or relationships.
The Marcode content is not for resale. Your purchase and use of the Digital Product does not entitle you to make any unauthorised use of any protected content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use or business use to the extent required to fulfil the Purpose, and you will make no other use of the content without the express written permission of Marcode. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Marcode or our licensors except as specified in these Terms & Conditions.
You hereby agree that any infringement of our (or our licensors’) intellectual property shall result in an immediate termination of the license granted in these Terms & Conditions.
If you violate the terms of this license, your access to the Digital Product, the Online Community, and any other related content will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a license holder, sharing your account with anyone other than a license holder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted or sold to others.
Marcode respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Terms & Conditions.
“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:
a) information you share with us about yourself, your contact details, and your payment information;
b) the Digital Product materials, in whatever format they are provided;
c) information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
d) information about customers, including their personal details and situations.
You also acknowledge that you may be exposed to certain sensitive personal information that must be treated with special care, security, processing procedures, and/or other legal and regulatory requirements in your jurisdiction, and you are responsible for complying with any such local legal or regulatory requirements with respect to that information.
Your Confidential Information may be shared with our staff, sub-contractors, and/or third-party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.
By using the Digital Product, you accept personal responsibility for the results of your actions. You agree that Marcode has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Digital Product or not. Marcode provides educational and informational resources that are intended to help participants in the Digital Product succeed. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Marcode.
You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Digital Product or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Digital Product. You agree to use your judgement and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended in the Digital Product.
Materials & Information Provided By You
You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide during the use of the Digital Product or post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). Marcode will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting Marcode, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including, without limitation, the rights to:
a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution; and
b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contributions.
In other words, Marcode has the right to include your Contributions – including any audio or video recordings of you participating in or contribution to Digital Product (if applicable) – in the Digital Product and other marketing material going forward.
No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Terms & Conditions. Marcode is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at Marcode’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Materials.
Marcode will never use any Contributions in a way that harms your business prospects or reputation. If any Contributions include the identifiable personal information of an individual other than you, Marcode will anonymise such identifiable personal information before publicly using any Contributions.
Technology and Availability
Your use of the Digital Product and any associated services may sometimes be subject to interruption or delay.
Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error-free, without interruption or delay, or free from defects in design.
We will not be liable to you should our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE PERFORMANCE OR OPERATION OF THE DIGITAL PRODUCT, INCLUDING ANY TECHNOLOGICAL ASPECTS OF THE PROGRAM.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE DIGITAL PRODUCT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
You agree to absolve and do hereby absolve Marcode of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Digital Product and/or any information and resources contained in the Digital Product.
The information, software, products, and services included or available through the Digital Product may include inaccuracies or typographical errors. Marcode and/or its suppliers may make improvements and/or changes in the Digital Product at any time.
To the maximum extent permitted by applicable law, in no event shall Marcode and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, equitable, consequential loss or damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Digital Product, with the delay or inability to use the Digital Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Digital Product, or otherwise arising out of the use of the Digital Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if Marcode or any of its suppliers has been advised of the possibility of damages.
Nothing in these Terms & Conditions excludes or limits the liability of Marcode for death or personal injury caused by negligence, fraud or fraudulent representation, or any other liability which cannot be limited or excluded by applicable law in your jurisdiction.
If you are dissatisfied with the Digital Product or any portion of it, your sole and exclusive remedy is to discontinue using the Digital Product. In this case, no refund or rebate will be given except if you correctly use the refund policy in these Terms & Conditions.
You agree to indemnify, defend, and hold harmless Marcode, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:
a) your use of or inability to use the Digital Product and related services,
b) any Contributions made by you,
c) your violation of any terms of these Terms & Conditions,
d) your violation of any rights of a third party, or
e) your violation of any applicable laws, rules, or regulations.
Marcode reserves the right, at its own cost, to take over the defence and control of any matter that you are obligated to indemnify, in which case, you will fully cooperate with Marcode in the defence of the matter.
Termination And Access Restriction
Marcode reserves the right to terminate your access to the Digital Product and any related services at any time if:
a) you become disruptive or abusive to Marcode staff;
b) you fail to follow the Digital Product guidelines, rules, or any other reasonable instructions from Marcode; or
c) you otherwise violate these Terms & Conditions. You will not be entitled to a refund of any portion of the fees if we terminate your access for any of these reasons.
These Terms & Conditions, along with any agreements and policies incorporated by reference, constitute the entire agreement between you and Marcode with respect to the Digital Product, and they supersede all prior or agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between you and Marcode with respect to the Digital Product.
A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa. The headings contained in these Terms & Conditions are for convenience only and do not affect their interpretation.
If any provision of these Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect.
You agree to attempt to substitute for any invalid or unenforceable provision with a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
The failure or delay in enforcing or exercising any term of or any right under these Terms & Conditions is not a waiver of that term or right and will in no way affect the right to later to enforce or exercise it.
Marcode shall not be liable or responsible to you, nor will it have defaulted or breached these Terms & Conditions, for any failure or delay in fulfilling or performing any part of these Terms & Conditions to the extent such failure or delay is the result of acts or circumstances beyond our reasonable control. (“Force Majeure Events”).
Force Majeure Events include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labor disputes, materials or telecommunication breakdown, and power outage.
These Terms & Conditions shall apply and be enforceable with respect to each Digital Product purchased by you from the date that you initially purchase that Digital Product.
These Terms & Conditions are governed, construed, and interpreted according to the laws of the Netherlands and are subject to the exclusive jurisdiction of the courts of the Netherlands.
Changes to these Terms & Conditions
We may make changes to these Terms & Conditions without informing you. If we update, amend or make any changes to these Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.
For any questions, comments, or concerns regarding these Terms & Conditions, please contact us via [email protected].