Current as of 20 Jan 2022

Terms & Conditions

Introduction

This document establishes the general terms and conditions of use (“General Terms and Conditions“) that will be applicable when you visit and/or use the Digital Platforms and/or the Website: https://www.backend.apexlearning.org.uk (hereinafter, jointly “Platform“), whose ownership corresponds to Apex Learning Inc. (“Apex Learning”).

It is also necessary to read the Privacy Policies, where we detail our information handling practices. We care about keeping our users safe and are constantly working to collect information confidentially. Access and/or use of the Website attributes to the internet user the condition of the User of the website (the “User” or the “Users“), which implies full acceptance of all the provisions included in this document.

Definitions

Without prejudice to the terms defined in various sections of this document, the terms used here with the first capital letter and that are not defined differently will have the meaning attributed to them below and may be used in masculine, feminine, or neutral, as well as singular or plural, indistinctly and according to the context:

Careers are the set of Courses of a common theme, ordered by a learning criterion, including theoretical and methodological information necessary to address knowledge from various fields, from multi and interdisciplinary perspectives, for its users to develop their skills in a specific theme.
A cookie is the data file that is stored on the User’s device when the User accesses the Site.
User Account is the form of identification created (consisting of an access ID and password) that is given to Users so that they can access the Services that Apex Learning offers through the Platform. (Hereinafter, the “Account” or “User Account“).
The course is that curricular space in which the Mentors and/or instructors will be in charge of imparting knowledge regarding a certain subject and/or particular topic to several Users 1 through classes taught through the Apex Learning Platform.
Current Laws mean all laws, codes, legal norms, ordinances, regulations, treaties, rules, norms, permits, resolutions, orders, interpretations, decisions, and injunctions, as well as norms, resolutions, and sentences that currently or in the future are in force in the UK and apply to Users.
Memberships is the term used to define the types of subscriptions for a limited time to our Services, which grant access options to the Courses and Services that Apex Learning offers through the Platform so that the User can choose the most convenient option depending on your preferences, rates, and Courses.
Mentors are that person specialized in certain disciplines, and subjects, among others related to the Courses, who will share their experience and knowledge with the Users, to be able to guide them or answer the doubts that the Users have in the Courses.
Platform refers to the website, virtual Platform, and other digital media such as smartphone applications with IOS or Android technology, tablets, and SmartTv, among others, whose ownership corresponds to Apex Learning, and within which Users register to obtain the service.
Product is the term that defines access to the course or a Package of Courses, within the Catalog of Courses offered by Apex Learning, regardless of the subscription of a Membership. In case the User chooses to access one of the Products, he/she may access the Course and view classes online and/or live, and their respective contents.
An instructor is a professional or specialist in a certain subject or field of knowledge, academic discipline, science, or art who will teach a Course or several Courses in a virtual way, through the Platform.
Service is the service provided by Apex Learning which consists of making available to its Users, Courses on various topics or areas of knowledge, academic discipline, science, or art, which are taught by instructors and/or Mentors specialized in the matter. The service provided through the Platform may be made up of online and/or live courses, personalized assistance in the courses through mentors, events, and video conferences, among others, that Apex Learning communicates in due course.
The user is that natural person who registers on the Platform to contract the Service and/or Services exposed by Apex Learning. Likewise, those parties interested in being part of the experience provided through our Services, such as instructors, affiliates, and members of the Apex Learning team, may be Users of the Platform.
Rate is the price that the User must pay to access any of the Memberships offered by Apex Learning. The Fee may be paid through the means of payment that Apex Learning makes available to you on the Platform.
Specific Terms and Conditions will be the terms and conditions of each Membership.

Site Description

The Platform is an educational community for people who want to learn creative skills from professionals in the market. Within Apex Learning, Users may enroll in online courses, share personal projects, contribute and learn in discussion forums, interact with people who have the same interests, and read or comment on articles or tutorials. On the Platform, they may also publish images, photographs, audio and video files, and share promotions, and discounts, if they so wish and with prior authorization from the User.

Through the Platform, Users register for Courses, through which they can have access to audiovisual content, discussion forums, and direct contact with the Class Teacher. These Conditions, the Privacy Policies, and other legal notices published by Apex Learning are alien to the agreements, communications, and other documents (“Class Commitments“) that the student and Teacher may establish within the class. Apex Learning will not be responsible for any obligation included in the Class Commitments or for any action taken based on them, in addition to not being considered part of any of the transactions between the student and the instructor. Apex Learning reserves the right to eliminate the offer of any class and/or course, at any time and for any reason.

Acceptance of the conditions

Apex Learning has made the Platform available to you, and therefore, by accessing it, you must read, understand, and accept these terms and conditions (the “Conditions“). Likewise, you are subject to these Conditions which, together with our Policies of Privacy, govern our relationship with you within the Platform. You can only register and be a User of the Platform, after having accepted the Conditions, if you do not accept them, you are asked not to use, access, or manipulate the information of the Services offered by the Platform, since you would be making inappropriate use of it.

Availability of the Contents

The contents displayed through the Platform may include all types of files, which may be their own or those of third parties, such as texts, images, sounds, and videos, links to other sites or applications outside of Apex Learning, and any other content that Apex Learning considers pertinent to add.

Apex Learning does not guarantee that the contents offered on the Platform are always available, so Apex Learning reserves the right to suspend or add any functionality on the Platform.

Access and use of the website

Users will be able to enjoy all the functionalities and services offered by the Platform since they register in the Account and opt for any of the Memberships unless Apex Learning has launched a free plan at the time of registration.

Access and use of the Platform may only be carried out by those persons who, per the applicable legislation, have the full capacity to carry out legal acts. If a minor wants to access the Services offered by the Platform, those who exercise parental authority or guardians of minors or those persons reputed by Current Laws as subjects of law with an absolute disability will be responsible. For the acts performed by the latter.

Registration

Users must register on the Platform to create an Account. Have to complete the registration form with all their personal information such as full names, a username, place an email, among others. You will also need to choose a password.

Only one Account can be registered per User. The User must provide accurate, complete, and updated information. Failure to do so represents a violation of these General Terms and Conditions and could mean the cancellation of the Account if Apex Learning deems it appropriate.

The User name chosen at the time of registration must not violate good customs, violate the rights of third parties, cause misunderstandings, confuse other users, or threaten the reputation or image of Apex Learning, reserving the right to modify any username that is deemed inappropriate without prior notice.

Liability for passwords

It is the User’s responsibility to take care of their login data and any activity within their Account, so they must keep it under absolute reserve and confidentiality, the action of sharing it with third parties is prohibited. Any action carried out through the User’s Account is presumed carried out by the User and proof to the contrary is not admitted.

Apex Learning is not responsible for the damages that may occur due to acts of security or for the damages related to the disclosure of the User’s name or password. If there is any type of security violation or identifies that someone has accessed their Account, the User must notify Apex Learning instantly.

In case of forgetting the password or of any other circumstance that implies a risk of access and/or use by unauthorized third parties, the User will immediately notify Apex Learning, to proceed immediately with the blocking and/or replacement Of the same. In any case, all operations or transactions carried out before said communication will be understood to have been carried out by the User, who, if applicable, will be responsible and pay the expenses and damages arising from any unauthorized access or use. of the Platform.

Correct use of the Platform

The Platform may only be used for lawful purposes that do not violate good customs and/or this document.

The User undertakes to use the Platform for lawful purposes that do not violate the legal system, public order, and good customs. In that sense, by way of example, but not limited to, the User will refrain, among others, from:

Abuse, harass, threaten, impersonate, or intimidate any person.
Publish or transmit any type of defamatory, obscene, pornographic, abusive, offensive, profane content, or that infringes the copyright or rights in general of any person
Attempting to access, search engines or software (spiders, robots, crawlers, data mining tools, or similar) other than those provided by Apex Learning or those generic search engines provided by third parties and publicly accessible on the Internet.
Generate or send spam emails to any person or URL.
Create multiple accounts to vote for or against the projects of other users.
Publish content for which you do not own the copyright.
Increase or alter the number of votes or comments artificially, or from another Service, to give or receive money or any type of compensation for said votes.
Sell or transfer your User Account.
Use the Platform for commercial purposes or the benefit of third parties in a way that violates the provisions of this document.
Manipulate any TCP / IP packet, header (header), or any part of the header information in any email, newsgroup, newsletter or use in any way the Platform to send false information, altered or that does not allow to identify the source from where it was sent.
Attempting to decipher, decompile, or reverse engineer any software provider of the website, among others.

Likewise, Apex Learning has established the following general guidelines for the correct use of the Services and Memberships, for which the User must abide by them and encourage other users to do the same:

The User may make use of Apex Learning’s Services, according to Current Laws.
The User may access the Platform in an unlimited way and download the contents within the validity period of the chosen Membership.
The User may not download, record, archive, reproduce, distribute, modify, display, execute, publish, grant licenses, or create derivative works based on the content owned by Apex Learning or obtained through its Platform, for profit.
Depending on the Membership chosen, the User will be allowed to save access to his Account on more than one device (smartphones, tablets, Smart TV). However, you will not be able to access your Account simultaneously on more than one device.
The User may share content publicly on the Platform. Therefore, they should not perform actions, comments or share files that demonstrate harassment, sexual references, abuse, bullying, racism, spam, or any other action that violates the rules and regulations. Good customs, that affect the Apex Learning community.
Apex Learning reserves the right to withdraw, terminate, or suspend, without prior notice and at any time, the Account to those Users who violate these General Terms and Conditions, therefore, please, we ask you not to use Apex Learning for any illicit purpose and/or negative.

Content shared on the website

The User will retain all the rights and intellectual property of the content that they share in Apex Learning. However, by uploading or sharing any type of content to the Platform, you grant Apex Learning (and affiliates or commercial and communication partners) a global, non-exclusive license to communicate, distribute, host, modify or derive works, present, publish, reproduce, store or use the content. If we include the content shared through any Apex Learning communication medium, we will give it all the credit it deserves.

Furthermore, by sharing the content, you grant Apex Learning and its Users and visitors the right to share it through various social media platforms integrated into the Platform (Facebook, Twitter, Pinterest, Instagram, or Linkedin). Apex Learning does not guarantee or guarantee that the content published on the Platform is not copied illegally and without your consent.

Apex Learning also does not prohibit Users and visitors of the Platform from making low-resolution copies or thumbnails of their work, for which it authorizes Apex Learning to allow users and visitors of the Platform to make such low-resolution copies of its content.

Products and Memberships offered by the Platform

Apex Learning makes Products and Memberships available to its Users.

The Products that Apex Learning exhibits through the Platform will be called “Pay as You Go Products “, which may include Courses, a package of Courses, and/or Certifications, selected according to your needs and interests. The User may access the “Pay as you go” Products by making a single payment through the Platform, and will have unlimited access to its contents during the existence of the Platform. Access to said Products will be independent of the Memberships that you could acquire within the Platform. If you want more information about the particular terms and conditions of the “Pay as you go” Products, you should access the following link: https://backend.apexlearning.org.uk/privacy-policy/

On the other hand, users may access the following Memberships: (i) Premium Individual, (ii) Premium Duo, (iii) Premium Family, and (iv) Premium Student, through which Users will have the option to access the variety of courses offered by the Platform.

Apex Learning reserves the right to withdraw, modify, and/or add Memberships on the Platform, as it deems appropriate. Likewise, if Apex Learning modifies any of the Memberships, it will be communicated in the Particular Terms and Conditions of the Membership and on the Platform, so that the User becomes aware of the new conditions.

Courses, careers, and certifications

Apex Learning keeps its Courses and Careers at the forefront, and we want our users to have a complete experience through the Platform. In that sense, Apex Learning may grant certifications to Users, depending on the Membership acquired, and as long as the course of all of the Courses of a Career have been satisfactorily completed.

The Courses will be made up of a certain number of virtual classes (recorded or live), as well as personalized help in the Courses through mentors, events, and video conferences, among others that Apex Learning communicates in due course. In that sense, the User must attend a minimum of classes per Course 2. On the other hand, the evaluation of the development and learning of the Users will be in charge of the Course instructors and/or Mentors. Therefore, they will assign each registered User, the elaboration of a project that develops the contents of the course, for the User to obtain the corresponding certification.

It is worth mentioning that Apex Learning reserves the right to publish the aforementioned projects on its Platform, according to its qualification and criteria. As they are available on the Platform, they may be submitted to voting and User comments, regardless of the Course and/or Career.

Cancellations And Refund Policy

Under this policy, you may cancel your purchase of the Course within 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”.

Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the Course and get any refund for it.

In case you decide to cancel your purchase of a course, it can be done by contacting us.

If you cancel the purchase of a course within 14 calendar days as mentioned above, we will refund you for all payments made as a part of your purchase within 14 calendar days from the day we accept that you are entitled to a refund.

Rates

Membership fees will be regulated in the Specific Terms and Conditions corresponding to each one. Apex Learning reserves the right to change its rates or charges for the Services offered on the Platform (or to begin charging for any free Service, prior notice), taking into account that the Rates paid before said modifications would not be affected.

Apex Learning may modify the Memberships and/or their Rates if it considers it pertinent. However, any modification in the Rates or its Memberships will be modified in the corresponding Specific Terms and Conditions and will be notified to the User’s email and/or through the Platform.

To the extent permitted by Applicable Laws, payments are non-refundable, and no refunds or credits will be granted for partially used Membership periods or unused Apex Learning content. However, only for justified reasons, if the User wishes to receive a refund of the Fee paid to Apex Learning before the end of the term, their Membership must contact the following email info@apexlearning.com.

Payment Methods

Apex Learning reserves the right to hire third parties to act as facilitators to manage the payments of the Fees that are made through the Platform. Likewise, Apex Learning will first proceed to verify that the payment of the Fee has been duly made to proceed with the activation of the Membership.

The Memberships exposed on the Platform, unless otherwise indicated in particular cases, may be paid through the following modalities (“Payment Forms “):

Deferred Payment: for which the User may make the payment of the Rate through bank transfers, either by PayPal, cash payment, or other payment platforms that Apex Learning enables on the Platform.
Online payment: for which the User may make the payment of the Rate with credit and/or debit cards through the payment gateway of the Platform.

The User authorizes Apex Learning to charge any Form of Payment associated with his Account. In this sense, if the User chooses the online payment method, the payment of the chosen Membership Fee will be self-renewing, while, if the User chooses the deferred payment method, in case the membership term has expired. , the User must reactivate it by making the payment again. Both the Payment Forms and the conditions that regulate them may be modified by Apex Learning if it deems it appropriate.

For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees related to the processing of your Payment Method. Likewise, the User undertakes to pay all applicable taxes by its legislation, if any.

The User may update his Form of Payment through his Account, being that after the update that is made in his Account, he authorizes Apex Learning to make changes to the corresponding Form of Payment.

If payment cannot be made satisfactorily, due to expiration date, lack of funds, or other reasons, and if you do not cancel your Account, we may suspend access to Courses and/or Memberships until we obtain a Payment Method valid.

Renewal, cancellation, and/or changes of Membership

Renovation. – Remember that some of our Memberships are renewable. So if you do not want to renew you can do the following: (i) access the User configuration panel from our Platform, in which there will be an option to cancel the self-renewal of the service; or (ii) write to info@apexlearning.com 3 seven (7) days before expiration.
Cancellation. – The User may cancel his Membership when he deems it convenient. If it is canceled, you will lose access to all the Courses to which you have registered (unless these are free to access). If you decide to pay again, you will regain access to the enrolled courses.
Membership Changes. – The User may change Membership if he considers it appropriate, if so, in case the period of the same has not ended, the following consequences will be generated depending on the new Membership that the User chooses:
1. If you choose a Membership with a lower Rate: the User must wait for the term of their Membership to end to make the change.
2. If you choose a Membership with a higher Fee: the remaining term of the previous Membership will be added to the newly chosen Membership.

In association with the instructors

Apex Learning does not maintain a labor or dependency and/or subordination relationship with any of the instructors. Apex Learning is only the producer of the design of the subject matter of the Courses and the content of the Platform. However, the instructors will have academic freedom. Therefore, Apex Learning grants the confidence to its instructors to expose their knowledge and information without being subject to a doctrine imposed by Apex Learning.

The instructor is a third party who, through courses, exposes a Course and/or Courses through the Platform. The User acknowledges that Apex Learning will only be responsible for validating that the instructor shares the adequate and appropriate content in the Courses who will teach through the Platform.

In this sense, Apex Learning does not offer any guarantee or manage or intervene in the Teacher-User relationship, so, in case the User has any problem with the content of the course taught by the instructor or any complaint regarding it, they must communicate it to Apex Learning, through the following email info@apexlearning.com, so that Apex Learning can take the pertinent measures.

If Apex Learning detects that the content shared by the instructor does not meet the appropriate standards, Apex Learning will be empowered to restrict said content. However, Apex Learning will not be responsible for the veracity or accuracy of the information provided by the instructor throughout the course.

Apex Learning does not control nor is it responsible for access by Users to content, materials, products, or services through third-party links placed on the website. Access to any content including the links displayed on the Platform is optional and will run at your own risk and Account, releasing Apex Learning from any responsibility for such conduct.

Therefore, and since Apex Learning has no control over the content of its suppliers and/or third parties, including the sites or applications to which the links lead, Apex Learning will not be responsible for the content, materials, actions, and/or services provided. By its suppliers and/or third parties, nor for damages or losses caused by their use, whether caused directly or indirectly.

Promotions, offers, commercial launches

At any time, Apex Learning may launch promotional offers, and free courses, including scholarships for new students, among others, therefore, these will be governed under the additional conditions and restrictions established at the time of their launch, which will be published on the Apex Learning website.

In the same way, for Apex Learning Memberships to accommodate the needs of its Users, therefore, Apex Learning may launch new Memberships to the market, which will be governed by the Specific Terms and Conditions that are established at that time.

Intellectual property

The software associated with the Platform, as well as all the contents available in it, are the exclusive property of Apex Learning, and/or if applicable, of the instructors, their suppliers, or their external servers; Therefore, they are protected by the laws and international treaties on copyright, trademarks, patents, models and industrial designs applicable in the UK, regardless of whether they are registered or not.

Any type of copying, distribution, transmission, retransmission, publication, printing, dissemination, and/or commercial exploitation of the material and/or content made available to the public through the Platform is strictly prohibited, without prior express written consent. Apex Learning or, where appropriate, the owner of the corresponding intellectual property rights. Failure to comply with the above will subject the offender to all civil claims and will be the subject of the presentation of the complaint, the complaint, or the claim from the competent authorities, within which the information necessary for the investigation and prosecution of illegal in question.

Copyright

All the copyrights involved in the Platform, such as its content and its visual design, are owned by Apex Learning and/or its suppliers, so its use, modification, reproduction, distribution, transmission, or commercialization of the rights involved without the prior, express and written permission of the holders of said rights, except in cases of appointment rights, employment for educational purposes and other recognized fair uses.

Privacy

By the Law on Protection of Personal Data, Apex Learning will implement all possible measures to maintain the confidentiality and security of the information and data of the Users, but will not be liable for damages, losses, or damages that could derive from the violation of these measures by third parties that use public networks or the Internet, altering the security systems to obtain access to the information of the Users.

Notwithstanding the foregoing, the use of the Platform is conditioned on the User’s reading and free acceptance of the Privacy Policy, which is available to them on the Platform, therefore, in case of registering as a User in Apex Learning, the User expresses his agreement with the Privacy Policies.

Apex Learning makes alliances with other institutions, which is why, under said alliances and with the pertinent authorizations, it reserves the right to re-contact people who have participated as end-users (beneficiaries) in any of these alliances.

If we have contacted you in this way and you do not wish to receive our information, you can request that we remove you from our database through info@apexlearning.com.

Cookies

The User agrees to receive the Cookies transmitted by Apex Learning’s servers. Cookies may contain information such as the identification provided by the User or information to track the pages the User has visited. Therefore, you must read and accept the Cookies Policy that is available on the Platform, to be able to register as a User and access the Services.

Exclusion of guarantees

Regarding the information and contents – Apex Learning makes available to the User a virtual space where they can access the Courses taught by the instructors. Therefore, Apex Learning does not offer any guarantee, nor does it manage or intervene in the relationship, the Services, or information that may arise between the users.

Regarding errors or viruses on the Platform – Apex Learning is not responsible for possible damages or losses on the Platform, which may derive from interferences, omissions, interruptions, computer viruses, breakdowns or disconnections in the operational functioning of the electronic system, motivated by causes beyond Apex Learning’s control of delays or blockages in the use of the system caused by deficiencies or overloads on the Internet or in other electronic systems, as well as damages that may be caused by third parties through illegitimate interference beyond the control of Apex Learning.

Regarding the Services – Apex Learning, its employees or managers are not responsible for indirect, accidental, or unforeseeable damages or losses, including damages for loss of profits, loss of use, and loss of data derived from or concerning the Courses, Projects, and/or these terms.

Availability and Suspension of the Service

If some of the Memberships offered by Apex Learning are no longer available to the general public, the conditions of the Users who already acquired said Membership at the time would be respected until the term of the same.

In case of breach of any of the provisions contained in these Terms and Conditions, Apex Learning may suspend the Account, suspend the service, and/or withdraw or deny you access to the Platform or the Website, at any time and without the need for notification prior of any kind, as well as, if applicable, file complaints with the competent authorities. The commission or participation in acts that constitute abusive, inappropriate, or illegal behavior, fraudulent or illegal activities, and in general the trade of any illicit object or product of a crime will be considered an infringement of these Terms and Conditions.

Changes in the Conditions and Assignment of Contractual Position

Apex Learning reserves the right to update, modify, or replace any part of these Conditions, without the need for prior notice. All modified General Terms and Conditions will enter into force at the time of their publication for all legal purposes that may arise.

It is the responsibility of the User to review it periodically to identify changes. Your navigation on the Platform will imply the acceptance of any modification made to the Conditions. Additionally, Apex Learning could include new Services or functions in the future. If this is the case, such Services will be subject to the conditions specified in this document. In case of not agree with the modifications that could be given, the User may cancel their subscription and/or submit their claims, doubts, and/or queries to the following email info@apexlearning.com.

Likewise, Apex Learning may assign or transfer the rights and obligations such as its contractual position derived from this document and/or the Platform, at any time. Therefore, the User expressly authorizes the transfer of this document, as well as the Privacy Policy in favor of any person who (i) is bound by this; and/or (ii) who is the new responsible for the rights and/or obligations arising from this document and/or the Platform. After the transfer has been produced, Apex Learning will not have any responsibility concerning any event that occurs, from the date of the transfer.

Indemnification

The User will hold Apex Learning, its subsidiaries, controlled and/or controlling companies, directors, administrators, representatives, and employees harmless from any claim or demand from other Users or third parties for the activities that the User may carry out on the Platform, and/or for any breach of the Conditions and other Policies that are understood to be incorporated herein or for the violation of any law or rights of third parties.

Jurisdiction and applicable legislation

All disputes arising from the interpretation or compliance with these General Terms and Conditions or related to them, including any claim that one of the Parties may have against the other derived from, or related to the use of the Platform will be governed by UK law, the Parties hereby renouncing any other legislation or jurisdiction that, due to their present or future addresses, may correspond to them and submit to the Courts and Tribunals of the United Kingdom.

For suggestions and/or comments on the General Terms and Conditions of our Platform, you can send us a communication to the following email info@apexlearning.com.

Remember that when you make your purchase, the card you use will be saved as the default payment method. However, you can delete this information whenever you want, by entering your account settings.

I declare that after having read the General Terms and Conditions, I accept all of the above. As a sign of agreement, I proceeded to fill out the visitor user purchase form.

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