These Terms and Conditions of Online Courses, which incorporate by reference the Terms and Conditions of Web Site use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the sale of any Online Course. Please read the Online Terms carefully before purchasing an Online Course and print off a copy for your records. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.
Online Course Provider
The Online Courses are provided by the Enlightened Creative (a company incorporated in the state of Maryland and with its registered address is 7919 Orchard Park Way, Bowie, Maryland 20715. www.theenlightenedcreative.thinkific.com is operated by Thinkific.com.
We will use our reasonable endeavors to provide the Online Courses advertised by The Enlightened Creative.
We will provide the Online Courses using reasonable care and skill.
We may appoint independent sub-contractors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third-party suppliers to provide reasonable services related to the Online Courses. You agree that The Enlightened Creative is not responsible for the actions or omissions of such sub-contractors or third-party suppliers.
Purchasing and Confirmation
In order to purchase an Online Course, you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
A legally binding agreement shall only come into existence once The Enlightened Creative has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable).
The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.
You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at firstname.lastname@example.org
Where your order consists of multiple Online Courses, each individual Online Course will be treated by The Enlightened Creative as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by The Enlightened Creative of your offer to purchase any other Online Courses which make up your order.
We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.
Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.
The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or will be notified to you by an Enlightened Creative customer services representative.
All amounts are payable in US. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to the Enlightened Creative.
Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either
- with a one-off lump-sum payment, payable with your purchase offer; or
- in installments, with payments being due at certain times over a set period of time, as specified on the Website as notified to you by the Enlightened Creative customer services representative, with the first installment being payable with your purchase offer. Subsequent installments will be automatically deducted from the debit/credit card you used to pay for the first installment.
By choosing to pay the Course Fee in installments you agree that:
- it is your responsibility to ensure that the installment payments are made on the due dates;
- The Enlightened Creative and/or its service providers are authorized to collect the installment payments from the debit/credit card you used to pay for the first installment when such installments become due and payable;
- you will inform us by email at email@example.com if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next installment becoming due and payable;
- any failure to make payment of an installment when due and payable constitutes a breach of the Contract and:
- unless otherwise agreed in writing by The Enlightened Creative, will result in you losing the right to pay by installments and all outstanding installment amounts will become immediately due and payable; and without prejudice to any other rights it may have, The Enlightened Creative may suspend or cancel your access to the Online Course until the remaining installment amounts are paid in full;
- subject to where The Enlightened Creative must take action, you will not be entitled to a refund of any amount already paid; and
- Due to the digital nature of this product, you shall not be entitled to a refund of any amount paid if you cancel your course registration.
The option of paying the Course Fee in installments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by installments is at the sole discretion of The Enlightened Creative. The Enlightened Creative may withdraw the option of paying the Course Fee in installments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in installments at the date of such withdrawal.
The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in installments.
Where the Course Fee is paid for:
- with a one-off lump sum payment, payments will be accepted by:
- credit card (including Visa, MasterCard and American Express) or debit card
- in installments, payments will only be accepted by credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro
In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website and/or in any Brochure is incorrect, the Enlightened Creative will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in any Brochure, then the Enlightened Creative will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, the Enlightened Creative will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, the Enlightened Creative will refund you the difference between the amount which you have paid and the correct Course Fee payable.
The Enlightened Creative’s Right to Suspend or Cancel Your Registration
You can cancel your registration at any time by informing us in writing at firstname.lastname@example.org. If you do so, you must stop using the service.
The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
Physical Study Materials (if applicable)
Where Physical Study Materials accompany the Online Course and they are supplied by the Enlightened Creative on-line.
Online Course Content and Access Terms
The description of the Online Course on the Website will set out details of the contents of the available Online Courses.
Except as set out in the description of the Online Course on the Website, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by the Enlightened Creative.
Upon receipt of an order confirmation email from the Enlightened Creative you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.
The receipt of an Online Course is personal to you and, unless otherwise agreed by the Enlightened Creative pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
You acknowledge that the Enlightened Creative operates a zero-tolerance policy in relation to inappropriate behavior of students. In particular, abusive or violent behavior directed at the Enlightened Creative's staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. The Enlightened Creative may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behavior.
We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student if found to be in contravention of the access rules, we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.
Modifications to Online Courses or technology enhancements
From time to time, the Enlightened Creative may make modifications or enhancements to changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
The Enlightened Creative will provide the Course Materials in accordance with the Online Course description, which is set out on the Website.
The Enlightened Creative expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. The Enlightened Creative does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website).
The Enlightened Creative does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.
The Enlightened Creative does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Limitation of Liability
The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
Except as set out in the Online Terms, the Enlightened Creative shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
- indirect or consequential losses;
- loss of income or revenue;
- loss of business;
- loss of anticipated savings; or
- loss or corruption of data
The Enlightened Creative is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
Save as otherwise set out in this section “Limitation of liability”, the Enlightened Creative’s maximum aggregate liability to you for any claims that you may have against the Enlightened Creative for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
The Enlightened Creative will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond The Enlightened Creative’s reasonable control. This condition does not affect your statutory rights.
Each provision in this Clause 12 shall be construed separately as between you and the Enlightened Creative. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
The Online Courses are for training purposes only. The Enlightened Creative will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
At all times, the Enlightened Creative and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of the Enlightened Creative.
In consideration of receipt by the Enlightened Creative of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first installment of the Course Fee (if you have chosen to pay for the Online Course in installments), the Enlightened Creative grants to you a non-exclusive, non-transferable license to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the license granted is to use the Online Study Materials by an individual student only.
Save as expressly set out in the Online Terms or as otherwise agreed by the Enlightened Creative pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either the Enlightened Creative’s copyright or the Enlightened Creative’s other intellectual property rights, and/or the copyright or other intellectual property rights of the Enlightened Creative’s licensors.
In the event that you do not wish to receive marketing correspondence from the Enlightened Creative, a written request or email should be sent.
Changes by Us
An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavors to provide an Online Course as described.
Inconsistency of Terms
If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
- the Additional Online Terms and Conditions;
- the Terms and Conditions of Online Courses; and
- the Terms and Conditions of Website Use.
The Enlightened Creative reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
The Enlightened Creative may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by the Enlightened Creative pursuant to Additional Online Terms and Conditions.
The Enlightened Creative may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
No failure or delay by the Enlightened Creative in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by the Enlightened Creative in writing.
If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
Any notices required to be served on you by the Enlightened Creative under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to the Enlightened Creative, respectively. Any notices required to be served on the Enlightened Creative by you will be deemed properly served if sent by email or post to the address
A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
The Contract between you and the Enlightened Creative will be concluded in English only.
The Contract between you and the Enlightened Creative is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract.
The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of the state of Maryland. You agree to submit to the exclusive jurisdiction of the Maryland courts to settle any disputes which may arise out of or in connection with the Online Terms.