XYLO Media Ltd – NKDtraining.Online
Website Terms & Conditions
Last updated 6th May 2021
1. Our website
Use of this website provided by XYLO Media Ltd, ("Us") to you, ("You") and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Use
2.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement.
3. Account Integrity
3.1 As part of the registration process you will need to create an account, including an email address & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account using the names and information of another person.
3.2 You are responsible for maintaining your own account via our website. You should ensure that you store your password securely and that the details required to access your customer account are not provided to another party.
3.3 You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account password or other details have become known to a third party, you should inform us immediately.
4. Product & Service Pricing
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
4.2 We reserve the right to alter all product and service pricing without notice.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service.
5.2 Your offer is only accepted by us once we have emailed you to confirm the creation of your account details and the product or service has been provided to you.
5.3 Product or service items not included within your account email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a refund will be made to the original payment instrument initially used (card, bank transfer etc) at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Subscription Period
6.1 After satisfactory payment of the subscription fees you will have access to the website, and the services provided by the website for the period specified at the time of payment.
6.2 Your subscription will automatically renew at the end of the paid subscription period. You have the right to cancel your subscription at any point before renewal.
7. Cancellation Rights and Refunds
7.1 You may cancel your subscription at any time. You will continue to have access to the site until the end of the current paid for period.
7.2 Refunds can be provided only in the event that you have not access subscription content.
7.3 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
7.4 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
8. Content Submission
8.1 Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of XYLO Media Ltd.
8.2 As a user you agree not to do any of the following:
8.2.1 Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
8.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
8.2.3 Use or harvest data provided by other users in a way that they would object to.
8.2.4 Contact other users in ways they may find inappropriate.
8.2.5 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
8.2.6 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
8.2.7 To pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
8.2.8 To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8.2.9 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
8.2.10 Reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
8.2.11 Load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
8.2.12 Make commercial posts or comment spam or attempt to disguise such spam as content.
8.2.13 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
8.2.14 Use any robot, spider, scraper or other technical means to access the website or content on the website.
8.3 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
8.4 The above list is not intended to be exhaustive.
9. Content Ownership
9.1 As a user you retain all ownership rights to content provided by you.
9.2 By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.
9.3 As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.
9.4 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
9.5 This licence is also sub-licensable, which means that our partners and affiliates can also use the content.
9.6 This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.
9.7 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
10. Content Monitoring
10.1 Creators may add content provided they own the copyright, or can provide written confirmation that the copyright owner has granted permission for their content to be used. Anyone appearing in uploaded content must be aged 18 or older and must have provided consent to appear.
10.2 Uploaded content must not contain any illegal act or infringe any copyright.
10.3 All content is monitored and if found to be in breach of copyright, containing illegal act, or deemed harmful in any other way, will be removed, your account may be suspended. The final decision regarding removal will be entirely at our discretion.
11.DMCA (Digital Millennium Copyright Act) takedown requests
We take the intellectual property rights of others seriously and require that our Creators do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on this website, please contact us with full details at firstname.lastname@example.org.
12. Suspension or Termination
11.1 We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.
11.3 Your account is for your own personal use. Users suspected of sharing their account details will have their account suspended.
We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.
13.1 We are not responsible for the accuracy of any content on the website nor any advertisements placed on the website.
13.2 We are not responsible for any links to third party websites from our website and the inclusion of any link does not imply an endorsement of a third party website by us.
15. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
17. Events outside our control
XYLO Media Ltd. shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
18.1 XYLO Media Ltd, grants you a licence to access the content, information and services contained within our website for personal use only.
18.2 This licence allows you to cache (using your browser) individual pages from our website.
18.3 This licence does not allow you to make copies of its content or the website available by any other means.
18.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
18.5 Our website cannot be placed within the frame-set of another website.
18.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
18.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
19.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of XYLO Media Ltd and NKDtraining.Online, unless expressly acknowledged as otherwise or provided by a user as part of content submission.
19.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
20. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and XYLO Media Ltd. We reserve the right to change these Terms & Conditions at any time, without giving notice.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
XYLO Media Ltd is registered in England & Wales. Company number: 10837342
Correspondence address: Ye Olde Hundred, 69 Church Way, North Shields, NE29 0AE, United Kingdom. Tel: +44 (0)20 8432 6940. Email: email@example.com
Registration on the site is free. A monthly subscription to access premium content costs $20.50. Payment accepted by credit card.