Introduction
Welcome to our website. We need rules and guidelines to protect our platform and services safe for you and our general community. These Terms and Conditions apply to all your activities on the The Special Needs Specialist website and other related services (collectively, “Services”).
You consent that by registering, using or accessing our Services, you are consenting to be legally bound by this contract with The Special Needs Specialist. If you do not consent to these Terms and Conditions, you are not allowed to register, use or access any of our Services.
If you are using our Services on behalf of an organization, company, government or other legal entity, you warrant and represent that you have the full authority to act in such regard.
Account/Profile
For you to participate in most of the activities on our platform, including to enrol in and purchase a course, you need to create an account. When creating and maintaining your account, you must always provide valid, accurate and complete information, including an active email address. You are entirely responsible for your account and all activities that happen on your account, including for any damage or harm (to us or anyone else) caused by anyone using your account with or without your permission. This implies that you must be careful with your log in details (username and password). You are not allowed to transfer your account to anyone else or use another person’s account without their permission. If you reach out to us seeking the access to an account, we will not grant you such access unless you can prove to us beyond a reasonable doubt that you owned the account by providing other account information. If in the occurrence that the owner of the account is dead, such account will be closed.
If you disclose your account log in information to someone else, you are solely responsible for all activities that happen on your account. You must promptly notify us when you realised that someone else might be accessing our Services via your account without your permission (or if you suspect any violation of your security) by contacting us. We may request that you provide us with certain information about the account to confirm you as the real owner of the account.
Users must not be less than 18 years of age to register on the platform, create an account and use the services. If your age is below the specified age, you are not permitted to create an account, but we encourage you to invite a guardian or parent to create an account for you. If we find out that you have set up an account and you are below the specified age, your access to the Services will be terminated.
Payments
You consent to pay the fees for courses that you duly enrol for. In this regard, you authorise us to charge your credit or debit card or process any other means of payment you determine to choose for those fees. We may use a third-party service provider to offer you the most suitable payment method and to secure your payment information.
User License
You are prohibited from accessing or using the Services or from creating an account for any unlawful reasons. Your access and use of the Service and your activities on the learning platform must be according to the local or national laws or regulations of your country. You are exclusively responsible for the knowledge of and adherence to such laws and regulations that apply directly to you.
All title, right and interest to and in The Special Needs Specialist’ Services and platform, including our website, our current or future applications, databases and the content our partners or employees provide or submit through our Services are and will remain the sole property of The Special Needs Specialist and our licensors. Our Services and platforms are secured with trademark, copyright and other laws. You are at this moment prohibited from using the The Special Needs Specialist name, or any of the The Special Needs Specialist trademarks, domain names, logos and other brand features. Any comments, feedback or suggestions you may provide about The Special Needs Specialist or our Services is exclusively voluntary, and we will be free to use such comments, feedback or suggestions as we deem fit and without any obligation to you.
You are not allowed to do any of the following while accessing or using the The Special Needs Specialist Services and platform:
- Tamper with, access or use non-public sections of the platform, The Special Needs Specialist’ computer systems, or the technical delivery systems of The Special Needs Specialist’ service providers.
- Interfere with, disable or attempt to bypass any of the features of the platforms related to probe, scan, security, or test the weakness of any of The Special Needs Specialist’ systems.
Modify, copy, reverse engineer, create derivative works of, reverse assemble or otherwise make every effort to discover the source code of any content on the The Special Needs Specialist Services or platform. - Access or attempt to access or search our platform by any means (automated or otherwise) other than through our existing available search functionalities that are made available on our website. You may not use a spider, scrape, use a robot, or use any other automated means to access the Services and platform.
- In any way use the Services to send deceptive, altered, or false source-identifying information (such as appearing as The Special Needs Specialist to send false email communications), or disrupt or interfere with (or any attempt to do so), the access of any user, network or host, including without limitation, sending a virus, flooding, overloading, spamming, or mail-bombing the Services or platforms, or in any manner interfering with or creating an unnecessary burden on the Services.
Warranties and Disclaimers
Our platform may be down, either for scheduled maintenance or as a result of an issue with the website. It may also be likely that we encounter security challenges. You consent that you will have no recourse against us in any of these types of occurrences where things seem not to be working out right.
In a more appropriate legal language, the Services and its content are offered on an “as is” and “as available” basis. We (and our partners, suppliers, affiliates, and agents) make no warranties or representations whatsoever about the suitability, availability, reliability, timeliness, security, absent of errors, or accuracy of the Services or its content, and we expressly disclaim any and all warranties or conditions (implied or express), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our partners, suppliers, affiliates, and agents) make no warranty that you will obtain particular results from use of the Services. Your access and use of the Services (including any content) is solely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not directly apply to you.
In our sole discretion, we may decide to stop providing certain features of the Services at any time and for any reason (best known to us). Under no circumstances will The Special Needs Specialist or its partners, suppliers, affiliates, and agents be held responsible for any damages caused by such interruptions or lack of access to such features.
The Special Needs Specialist is not liable for failure or delay in our performance of any of the Services caused by circumstances beyond our considerable control, such as an act of war, sabotage or hostility; natural disaster; telecommunication, electrical or internet outage; or government embargo.
Limitation of Liability
There are fundamental risks in using our Services, for instance, if you enroll in a health and wellness course (such as yoga), and you injure yourself. You explicitly accept these risks, and you consent that you will attempt no recourse to seek damages against even if you suffer loss or damage from using our platform and Services.
In more appropriate legal term, to the maximum extent permitted by applicable law, we (and our partners, suppliers, affiliates, and agents) will not be accountable for any indirect, incidental, punitive, or consequential damages (including loss of information, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of such damages in advance. Our liability (and the liability of our partners, suppliers, affiliates, and agents) to you or any third parties under any circumstance is limited to the greater of fifty dollars ($50) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply directly to you.
Indemnification
You consent to indemnify, defend (at our request) and hold harmless The Special Needs Specialist, our partners, suppliers, affiliates, and agents from and against any third-party claims, damages, losses, demands or expenses- including reasonable attorney’s fees arising from:
- your access and use of the Services;
- your breach of these Terms and Conditions; or
- your infringement of any third-party right.
- Your indemnification responsibility will survive the termination of your use of the Service and these Terms and Conditions.
Governing Law and Jurisdiction
These Terms are governed by the laws of The United States of America without reference to its choice or conflicts of law principles. You consent to the exclusive jurisdiction and venue of federal and state courts in Mississippi for any legal issues with us.
Modification of These Terms and Conditions
We may modify these Terms and Conditions from time to time to clarify our practices or to reflect new or different practices (for instance, when we add new features). The Special Needs Specialist reserve the sole right in its discretion to modify and/or make certain changes to these Terms and Conditions at any given time.
If we make any material changes, we may notify you via the best available channel of reaching you such as through email notice sent to the email you submitted while creating an account, or by posting a notice through our Services.
Your continued access and use of our Services after the modifications have been made will be interpreted as your acceptance of the changes. Any modified Terms and Conditions shall prevail over the previous versions.