Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS” or “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ARQ Advisory Limited (The “Company“).

The Website is operated by ARQ Advisory Limited, a limited liability company registered in Malta under registration number C68802. These Terms and the other policies posted on the arqeducate.com or arqeducate.com.mt websites, constitute the entire agreement between The Company and you, superseding any prior verbal or written agreements between you and the Company in relation to the Company Services (as defined hereunder).

By accessing and using this website arqeducate.com or arqeducate.com.mt (the “Site”) you (the “user” or “you”) agree to these terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are owners, managers or operators of venues, talent, buyers, vendors, advertisers, sponsors, merchants, contributors of content or other suppliers.

The failure of the Company to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect.

Use of ARQ Products and Services

Any content viewed, streamed, downloaded or consumed in any manner on the Site, is solely for your personal and non-commercial use. The Site and the Company Services are available only to, and may only be used by the individual who has purchased the course/s (hereafter “Online Course”), product/s, or event/s, as the case may be (the “Company Services”). The Online Course includes any notes, quizzes, tests or other form of assessment which the Company may, from time to time, include in an Online Course (hereafter “Course Content”). When you purchase one of our online courses, the Company grants you a limited, non-exclusive, non-transferable, licence to view the Course Content on an on-demand basis by accessing the Site in order to stream the Course Content.

Except for the abovementioned limited licence, the Company is under no circumstance transferring to you any right, title or interest in the Course Content or any Company Services. The Company may revoke your limited licence at its own discretion.

Registration

You are required to register an account on the Site in order to access or use certain features and content of the Site. Should you proceed with registering an account, any personal data which you choose to provide to the Company shall be processed in line with the Company’s Privacy Policy, which can be accessed here.

The Site and the Company Services are intended for the sole use of individuals who have attained the age of 18, who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful in all respects. Individuals under the age of 18 must at all times use the Company Services only under the supervision of and with the express consent of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is the user and is responsible for any and all activities undertaken through the Site by the minor or himself/herself.

The Company may, at its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its registration criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance

You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by the Company policies as stated in the Agreement and the Company policies (as applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by the Company, each of which is incorporated herein by reference and each of which may be updated by the Company from time to time without notice to you.

In addition, some Company Services offered through the Site may be subject to additional terms and conditions introduced by the Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password & Security

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify the Company of any unauthorised use of your password or any breach of security. You also agree that the Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than the Company without the Company’s express written permission.

If you know or suspect that someone else knows your password you should immediately change your password and should notify us without undue delay on info@arqeducate.com.

If the Company has reason to believe that there is likely to be a breach of security or misuse of the Site, the Company may require you to change your password or even suspend your account.

Account Information

You are responsible for keeping your account information up-to-date and accurate at all times, including a valid email address. It is your sole responsibility to ensure that the information provided is true, complete and correct.

Breach and Refusal/Termination of Service or Account

If the Company suspects a user has breached these Terms of Use, the Privacy Policy, or other policy documents or Company rules or the actions may cause legal liability or financial loss to the Company, the Company may without limiting any other remedies, without notice, and without refunding any monies issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site.

You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change the Company Services at any time, in its sole discretion, with or without notice.

Applicable law establishes a 14-day cooling off period which begins to run once you have concluded a purchase on the Site. Within this period you have the right to cancel your purchase and be refunded unless you have already started streaming or downloading any Course Content. You hereby acknowledge that once you begin streaming or downloading any of the Course Content you are actively waiving the right to a refund and therefore the Company would no longer be obliged to process a refund in your favour.

Liability and Indemnity

To the fullest extent permitted by law, you agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable lawyers’ fees, rights, claims, actions of any kind and injury  arising out of or relating to your use of the Company Services, your connection to the Company Services, your violation of these Terms of Use or your violation of any rights of another.

Costs and Fees

You represent and warrant that any information provided to the Company relating to the payment instrument chosen to pay for the product or service you selected on the Site, shall be truthful and that you are authorised to use such payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount quoted on the payment page on the Site and in the invoice received from the Company in relation to the purchase you have made. You hereby authorise the Company to bill your chosen payment instrument in the amount stated, in accordance with these terms.

Cancellation Policy

Cancellation of bookings must be received in writing on info@arqeducate.com and are subject to our cancellation and refund policy as follows:

• Credit on account of the course value will be granted and will be valid for 12 months in case of cancellation received up to 7 days prior to course programme commencement date; and
• Refunds shall not be made in case of cancellation received 6 days prior to course programme commencement date, and/or no-shows.

ARQ Educate reserves the right to cancel any course programme due to insufficient enrolment at least 3 calendar days in advance of the scheduled course date. Notice will be provided via email, with the option to reschedule for a future course date.

If unforeseen circumstances arise, ARQ Educate reserves the right to cancel the course not less than 4 hours before the said course. Notice will be provided via email. If a course programme is cancelled due to any unforeseen circumstances, the customer is entitled to reschedule for a future training programme or receive a full refund.

Intellectual Property Rights

You acknowledge and agree that the Company Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by the Company in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Company Services or the Course Content, in whole or in part, except that the foregoing does not apply to your own Personal Data that you legally upload to the Site. In connection with your use of the Company Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.

Any use of the Company Services or the Course Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Company Services or distributed in connection therewith are the property of the Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.

Disclaimer of Warranties

Your use of the Company Services is at your sole risk. The Company Services are provided on an “as is” and “as available” basis. Except as otherwise expressly provided herein, the Company expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

The Company makes no warranty that (i) the Company Services will meet your requirements, (ii) the Company Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Company Services will be accurate or reliable, or (iv) the quality of any products, Online Course, Company Services, information, or other material purchased or obtained by you through the Company Services will meet your expectations.

Service

The Company reserves the right to modify or terminate the Company service for any reason, without notice, at any time. The Company reserves the right to alter these Terms or other Site policies at any time, so please review the Terms of Use, Vendor Terms and policies regularly.

If the Company makes a material change to its Terms and Policies the Company will notify you here, by email, by means of a notice on our home page, or other places the Company deems appropriate. What constitutes a “material change” will be determined at the Company’s discretion, in good faith, using common sense and reasonable judgment.

Choice of Law & Jurisdiction

This Agreement shall in all respects be interpreted and construed with and by the laws of Malta.

If you have any questions, do not hesitate to contact us on info@arqeducate.com.