Terms & Conditions

The company 3LEARNING LTD. develops and maintains this web site located at WWW.3LEARNING.COM referred to as the "Site", including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by 3LEARNING LTD. and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that 3LEARNING LTD. may publish from time to time (collectively, the “T&C’s” or “Terms of Use").

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

3LEARNING LTD. reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion.  Your continued use of the Site, or any Materials or Services accessible through it constitutes your acceptance of the changes.  Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use.  You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms.  If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Intellectual Property; Limited License To Users
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use.  Except as expressly provided herein, 3LEARNING LTD. does not grant any express or implied rights to use the Materials and Services.  You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein.  In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services
When using Services on this Site that are offered by 3LEARNING LTD., you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use.  Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

Use of Software
The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of 3LEARNING LTD. and/or its suppliers.  Use of the software is governed by the terms of the license agreement that accompanies or is included with such software.  Such terms are available for review and are incorporated herein by this reference.  You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement.  If you do not agree to such terms, you will not be able to use the software.  Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use.  You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of 3LEARNING LTD. Content
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the 3LEARNING LTD. Content and User Content available on this Site subject to the following conditions:

1. The 3LEARNING LTD. Content may not be modified or altered in any way.
2. The 3LEARNING LTD. Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
3. You may not remove any copyright or other proprietary notices contained in the 3LEARNING LTD. content.
4. 3LEARNING LTD. reserves the right to revoke the authorization to view, download, and print the 3LEARNING LTD. Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from 3LEARNING LTD.

Important Exceptions
Various sections of the Site, such as News and Events, may contain links to customer sites.  The works on such sites belong to their creators, may be protected by copyright or other proprietary laws.

The rights specified above to view, download, and print the 3LEARNING LTD. Content available on this Site are not applicable to the design or layout of this Site.  All elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark Information
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of 3LEARNING LTD. or other third parties.  You are not permitted to use the Marks without the prior written consent of 3LEARNING LTD. or such third party that may own the Marks.  Any 3LEARNING LTD. logos and the Culture Class logos are trademarks of 3LEARNING LTD.

Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and this site, and all materials and services accessible through this site, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.  Without limiting the foregoing, 3LEARNING LTD. Makes no warranty that (i) the services and materials will meet your requirements; (ii) the services and materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; (iv) the quality of any products, services, or materials purchased or accessible by you through the site will meet your expectations; and (v) any errors in the software obtained from or used through the site, or any defects in the site, its services, or materials, will be corrected.

This sit could include technical or other mistakes, inaccuracies, or typographical errors.  3LEARNING LTD. May make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice.  The materials or services at this site may be out of date, and 3LEARNING LTD. makes no commitment to update such materials or services.

The use of the services or the downloading or other use of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities.  3LEARNING LTD. assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials offered through the site.  No advice or information, whether oral or written, obtained by you from 3LEARNING LTD. or through or from the site shall create any warranty not expressly stated in the terms of use.

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  To the extent permissible, any implied warranties are limited to ninety (90) days.

International Users
This Site can be accessed from countries around the world and may contain references to 3LEARNING LTD. products, services, and programs that are not available in your country.  These references do not imply that 3LEARNING LTD. intends to announce such products, services, or programs in your country.

The Site is controlled, operated, and administered by 3LEARNING LTD. from its offices within the United Kingdom.  3LEARNING LTD. makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United Kingdom, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited.  If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.  See the section on export control laws, below, for further information.

Personal Information and Privacy
To learn about how 3LEARNING LTD. protects your personal information, such as your name and address, refer to the 3LEARNING LTD. Online Privacy Policy.  Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed confidential.  Any non-personal information or material sent to 3LEARNING LTD. will generally be deemed to NOT be confidential.  You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of 3LEARNING LTD. or others, or as stated in our Privacy Policy.

Limitation of Liability
In no event, including, without limitation, negligence, shall 3LEARNING LTD., its officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or 3LEARNING LTD. has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this site, its services, or materials, the statements or actions of any third party on or through the site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to from this site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages.  Accordingly, the limitations and exclusions set forth above may not apply to you.

Notification of Copyright Infringement
3LEARNING LTD. has filed a designation of an agent with the United Kingdom Copyright Office to receive notifications of infringement.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites hosted by 3LEARNING LTD., please provide 3LEARNING LTD. with a Notice containing the following elements:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed
2. Identification of the copyrighted work or a list of the copyrighted works claimed to have been infringed
3. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material
4. Contact information for the complaining party, such as an address, telephone number, and, if available, email address
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnity and Liability
You agree to indemnify and hold 3LEARNING LTD., and its officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law and Jurisdiction
This Site is controlled by 3LEARNING LTD. from its offices within the United Kingdom.  By accessing this Site, you and 3LEARNING LTD. agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the United Kingdom, without regard to the conflicts of laws principles thereof.  You and 3LEARNING LTD. also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the United Kingdom with respect to such matters.

General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between 3LEARNING LTD. and you with respect to your use of the Site.  If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.  Any failure by 3LEARNING LTD. to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.  The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Any rights not expressly granted herein are reserved.

Payment Policy
Our payment terms for Consultancy services (e.g. consultancy and training programmes) for invoices are net 30 (thirty) days.  If 3LEARNING LTD. does not receive payment on time, you will be charged a late payment fee of 1.5% per month (18% per year) of the original order total until we receive payment in full.

Payment for web based services (e.g. the Culture Class UK Interactive Series)
For purchases on the Culture Class Website (www.cultureclass.net), all sales are final 14 (fourteen) days after purchase or once the product or service has been used, where the term "used" means:

1. For Culture Class Online licences, the product is "used" once a permanent license has been issued.  Free 1-day demo licenses are available for all software prior to purchase.
2. For support, the service is "used" after the first support call has been logged and responded to by 3LEARNING LTD.
3. For CDs, the CD is "used" after 30 days or if it shows visible damage or wear that was not present when the CD was shipped from 3LEARNING LTD’s. address.  If a CD arrives in damaged condition, please refuse shipment or contact 3LEARNING LTD. immediately so that we can arrange an exchange for an undamaged item.

Service Interruptions for 3LEARNING LTD’s Websites
Service may be unavailable or interrupted from time to time for a variety of reasons, such as server problems or ISP related issues or other things we cannot control.  We are not responsible for any interruptions of Service that occur beyond our reasonable control.

Billing Information Provided By You
To determine whether certain taxes, fees and surcharges are applicable to Service provided to you, we are required by law to obtain your street address, which must be within our service area.  You represent and warrant that the address you provide us to obtain Service is correct, and you acknowledge that we are relying on this information to determine which taxes, fees or surcharges are applicable to your Service.  You agree to notify us if your address changes.  In the event you do not provide us with a valid address or address change, you understand and agree that you may be responsible for additional taxes, fees, or surcharges for your Service, and we may terminate your Service.

Refunds and Returns
Refunds are only issued within 30 days of purchase for non-used products or services.  Please see the terms of sale section above for a definition of "used".  Please call us at +44 (0) 845 6529 201 to request a refund and arrange for the return of any items that were shipped to you.

Refunds do not include shipping charges, and we do not pay return shipping charges for items that are returned.  There is no restocking fee for returned items.

Refunds are processed within three business days of the refund request and the receipt of any returned items, whichever comes later.  Please allow up to 2 weeks for the refund to appear on your credit card account or receive a refund check from us.

Special Offers
We may from time to time make available special offers, which supplement or modify the terms and conditions set forth in these Terms.  Details of such special offers, including eligibility requirements for participation, will be made available separately.  In the event of any conflict between these terms and the terms of such offers, the terms of such offers shall govern.  Only offers made or expressly authorized by 3LEARNING LTD. can alter the terms and conditions set forth in these terms.

Changes to Terms and Conditions
We reserve the right to change these terms, including our fees and charges, from time to time.  If we make any changes, we will send you a notice describing them and their effective date.  You always have the right to cancel your use of services at any time if the terms are not acceptable to you.  If you do not cancel your services within 30 days, your continued receipt of the service will constitute acceptance of the changed terms.  If you notify Customer Care that you do not accept such terms, then we may cancel your services upon the arrival of your request.

If you do not accept these terms, please notify us immediately (our address and phone number are below) and we will cancel your subscription.  If you do not cancel your subscription within 3 days, it will mean that you agree to these terms and that they will be legally binding on you.

You can reach customer care by calling +44 (0) 845 6529 201 or by writing to:

3LEARNING LTD
73c Church Hill
London E17 3BD

Thank you for using our services.

© 2007 3LEARNING LTD.  All rights reserved