INTRODUCTION
1.1 The following “Terms of Service" describe the terms on which Metapraxis Ltd ("Metapraxis") offers you trial usage access to Financial Management for Business, and Metapraxis Business Simulator Service (the "Service"). This offer is conditional on your agreement to all of the terms and conditions contained in the Terms of Service. The Metapraxis Business Simulator part of the Financial Management for Business course is the subject of a patent application with Serial No. US 11/963,302.
1.2 By using the Metapraxis Business Simulator, you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using the Metapraxis Business Simulator.
1.3 Metapraxis Ltd may change these terms at any time by posting changes online. Please review these terms regularly to ensure that you are aware of any such changes. Your continued use of the Metapraxis Business Simulator after changes are posted means you agree to be legally bound by these terms as amended or updated.
THE METAPRAXIS BUSINESS SIMULATOR SERVICE
2.1 "Metapraxis Business Simulator" is an online Service developed by Metapraxis, including any software provided to you by Metapraxis (collectively, the "Metapraxis Business Simulator Software") and the online environments that support the Service. The software, servers and websites collectively constitute the “Service” as used in this agreement. By using the Service you may have trial access to computer programs, graphics, simulations, text, data and other output (collectively, “Content”).
2.2 Metapraxis reserves the right to interrupt the Service without prior notice. You agree that Metapraxis will not be liable for any interruption of the Service, delay or failure to perform. Metapraxis has the right at any time to change and/or discontinue any or all aspect(s) of the Service as it sees fit and at its sole discretion.
2.3 Metapraxis has the right at any time to suspend or terminate this Agreement and/or terminate any and all current or future use of the Service without notice or liability to you.
2.4 Certain aspects of the Service may be provided for a fee or other charge. Metapraxis may add new facilities at any time, and may amend fees and charges for existing services at any time at its sole discretion.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 Subject to the terms of this Agreement, and subject to the purchase of a suitable licence, Metapraxis grants to you a non-exclusive, non-transferable, limited, fully revocable license to use the Software and the rest of the Service during the time you are in full compliance with the Terms of Service solely for your own use. Nothing in this Agreement, or on Metapraxis' websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content.
3.2 Metapraxis retains ownership of any Content created by your use of the Metapraxis Business Simulator and you have no copyright or other intellectual property rights with respect to such Content.
PURCHASES, SHIPPING AND REFUNDS
4.1 Orders and Acceptance: Orders placed on the Metapraxis website are subject to our acceptance. We may send you an order acknowledgement email following an order that you have placed, but note that this is not confirmation of our acceptance of your order. We do our best to ensure details of products and prices are accurate on our website, but mistakes do sometimes slip through. We therefore reserve the right to decline to accept any orders placed on our website, although we hope not to have to do so.
4.2 Payment: Purchases from the Metapraxis website are made using the secure RBS WorldPay payment gateway service. This ensures that your credit card details are protected during any transactions initiated from this site. For added security and peace of mind we do not store your credit card details on our website in any form. We accept most major credit and debit cards.
4.3 Physical Items: Purchases of physical items will be shipped to the address that you provide at the checkout web page. This address should match the billing address on any card that you use.
4.4 Services: If you purchase a subscription to our online training service you will receive an email containing instructions on how to access the service. Please ensure that you type your email address correctly and check your junk folder in case these or other emails from Metapraxis accidentally end up there. We have tried to make the instructions as simple as we can, but please contact us if you have difficulty or don't understand what to do.
4.5 Delivery Times: We endeavour to ship physical items as quickly as we can, and to email licences rapidly, subject to payment being received and standard anti-fraud checks by the card and banking systems proceeding smoothly. If a physical item fails to arrive within 5 working days, or a licence code fails to arrive within 3 working days (please double-check your spam folder), please contact us and we will be happy to investigate for you. In the case of licence codes and instruction emails, please double-check your spam folder if an email fails to arrive within a short time. This is a very common cause of emails apparently not arriving.
4.6 Commencement and Expiry: Following your order, and as soon as we have created a licence code for you and enabled your access on our servers, your subscription will commence and we will send you the course instructions. Follow the instructions contained in the email to start using the service straight away. Your access to the system will continue until your subscription expires. If you need additional time to complete your training you may wish to purchase an additional subscription at that time.
4.7 Accounts and Use of Service: For security reasons you will be required (if you have not already done so) to set up an account with a unique username and password. Please note that the service is for your personal use only: you are not permitted to share your account with others. We reserve the right to suspend accounts and certificates issued if we have evidence that accounts are being shared.
4.8 Cancellation: As a result of distance selling regulations we will refund the purchase of physical items purchased from our website if you cancel your order within 7 days of receipt. Please return these items, suitably packaged, in an unused and 'as-new' condition, with a cover note explaining the reason for return, to Returns Department, Metapraxis Ltd, Kingstons House, Coombe Road, Kingston-upon-Thames, Surrey KT2 7AB. We recommend obtaining proof of posting and sufficient insurance to cover loss in the post. Please note that you have a statutory (as well as a good faith) duty to look after goods until they reach us, if you exercise your rights under the distance selling regulations. Services such as our training subscriptions commence immediately and their purchase is therefore non-refundable. Note that your statutory rights are unaffected by our terms of service, and please do contact us if there is a problem with any order that you have received.
4.9 VAT (Sales Tax): Our standard invoices show the tax point and the total amount of VAT charged on purchases. If you require a full VAT Invoice please contact us.
4.10 We're here to help: We want you to be happy with the services and products that we provide, so please do not hesitate to contact us if you have any questions or concerns.
CONDUCT BY USERS OF METAPRAXIS BUSINESS SIMULATOR
5.1 You agree to use the Metapraxis Business Simulator as provided, and without unauthorised software or other means of access or use.
5.2 You will not take any action that imposes an unreasonable or disproportionately large load on Metapraxis' infrastructure.
5.3 You will not copy or distribute the Metapraxis Business Simulator Software.
5.4 You may not modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Metapraxis Business Simulator Software, or create any derivative works of the Metapraxis Business Simulator Software or the Service, or otherwise use the Metapraxis Business Simulator Software except as expressly provided in this Agreement.
5.5 You will not use the marks of Metapraxis or copy or distribute any of the written materials associated with the Service without prior authorisation from Metapraxis.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION
6.1 Metapraxis provides the Service, the Metapraxis Business Simulator Software, and all other services strictly on an "as is" basis, provided at your own risk, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.
6.2 In no event shall Metapraxis or any of its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees or distributors be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for lost profits, arising (whether in contract, tort, strict liability or otherwise) out of or in connection with the Service (including its modification or termination), the Metapraxis Business Simulator Software or this agreement, whether or not Metapraxis may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy.
6.3 At Metapraxis' request, you agree to defend, indemnify and hold harmless Metapraxis, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors and other users of the Service, from all damages, liabilities, claims and expenses arising from any breach of this Agreement by you, or from your use of the Service.
6.4 When using the Service, you may accumulate the numeric results from your use of the Metapraxis Business Simulator Service that reside as data on Metapraxis' servers. These data, and any other data, user history and user names residing on Metapraxis’ servers, may be deleted, altered, moved or transferred at any time for any reason in Metapraxis' sole discretion.
6.5 You understand and agree that Metapraxis has the right, but not the obligation, to remove any content (in whole or in part at any time, with or without notice and with no liability of any kind).
PRIVACY POLICY
7.1 Metapraxis may use your personal information to operate and improve the Metapraxis Business Simulator, and will not share your personal information with third parties without your written permission.
7.2 Metapraxis may observe and record your interaction within the Service, and may share aggregated and other general information about the Service (not including any personal or identifying information) with third parties.
7.3 You acknowledge and agree that Metapraxis, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service.
GENERAL PROVISIONS
8.1 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
8.2 These terms shall be governed by and interpreted in accordance with the laws of England.