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Terms and Conditions of Online Courses
These Terms and Conditions of Online Courses, which incorporate by reference the Terms and Conditions of Website Use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the use of the Website and purchase of any Online Course. Please read these Terms and Conditions carefully before purchasing an Online Course. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.
1. ONLINE COURSE PROVIDER
1.1 The Online Courses are wholly offered and
provided by Helixor Scientific Limited (hereinafter referred to as “Helixor
Scientific”, “we”, “us”, “our”), a company incorporated in Hong Kong with
company number 78706460 and with its registered office at Flat 5, 4/F, Won Hing
Building, 74-78 Stanley Street, Central, Hong Kong. MENA Medical Research
(https://menamedicalresearch.com) and all its sub domains (“website”) is owned
and operated by Helixor Scientific.
1.2 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 Helixor
Scientific is not responsible for the actions or omissions of such
sub-contractors or third-party suppliers.
2. DEFINITIONS
2.1 The term “you” or “your” or “client” or “student”
refers to the customer who avails or intends to avail the services, whether
chargeable or not offered on this website;
2.2 “Website” means www.menamedicalresearch.com operated by Helixor
Scientific;
2.3 “Course Fee” means the fee payable for an Online Course but excludes,
if applicable, taxes which may be payable;
2.4 “On Demand Online Course” means an online course which does not have
a predetermined start date and is available for study by you immediately
following delivery by Helixor Scientific;
2.5 “Scheduled Online Course” means an online course
which is only available for access by you on a predetermined start date;
2.6 “Online Course” means either an On Demand Online Course or a
Scheduled Online Course provided by Helixor Scientific;
2.7 “Online Study Materials” means any material in an electronic format
which may be
(i) downloaded from the Website or
(ii) accessed and viewed on the Website, including, but not limited
to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;
2.8 The use of singular words herein also includes the plural
3. PURCHASING AND CONFIRMATION
3.1 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.
3.2 When you place an order for an Online Course, you are offering
to purchase that Online Course on the Online Terms.
3.3 A legally binding agreement shall only come into existence
once:
(a) Helixor Scientific has accepted your offer to purchase an
Online Course by sending you an order confirmation email; and
(b) Helixor Scientific has received from you (or on your behalf)
the entire Course Fee in cleared funds for the Online Course with a one-off
lump-sum payment.
3.4 The Online Terms, together with an 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.
3.5 You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately at training@menamedicalresearch.com
3.6 Where your order consists of multiple Online Courses, each
individual Online Course will be treated by us 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 Helixor Scientific of your offer to purchase any other
Online Courses which make up your order.
3.7 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 if the payment has already been taken.
3.8 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.
4.ORDERING PROCEDURES
4.1
Ordering an On-Demand Online Course:
b.
You can change your order at any time, up to the
point at which you confirm the payment, by pressing the button "Pay
Now".
c.
Your access to the On-Demand Online Course will
be automatically unlocked upon your payment.
d.
When paying for On-Demand Online course, you are
purchasing a licence. This means that you will be able to access the Online
Course content for a period as defined on the Website.
e.
The license starts from the course payment date.
4.2
Enrolment in a Scheduled Online Course
b.
In order to enrol in a Scheduled Online Course
via the Website you will first need to register for an online account via the
Website. If you have already registered on the Website, you can log onto your
account using the username and password that you were provided with when you
registered.
c.
The enrolment application comprises of an online
form that can be accessed by pressing the button “Apply Now” on the Course
details page.
d.
Submitting the enrolment application requires
that you have read the terms and conditions.
e.
No payment is required for submitting an
enrolment application.
f.
On submitting an enrolment application, you will
receive an automated email confirming that your application has been received
by the website.
g.
Your application will be screened and decision
on enrolment is communicated to the applicant via email. We reserve the right
to request additional information to ensure that the course applicant meets the
eligibility criteria
h.
If the applicant meets the eligibility criteria,
the course availability date along with any additional terms and conditions
will be shared with the applicant via email. A course fee payment link will
also be shared with the applicant via email. You must check the details and any
additional terms and conditions included in the email when you receive it.
i.
A decision by the applicant to proceed and make
the payment constitutes an agreement with the terms and conditions.
j.
The provision of the Scheduled Online Course is
contingent upon us having received cleared funds from you in respect of the
Course Fee for the relevant Scheduled Online Course.
4. PAYMENT
4.1 The Course Fee for
any Online Course at any given time will be displayed on the Website, or in a
Brochure.
4.2 All amounts are payable in US Dollar and/or the local currency
(subject to availability). 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 Helixor Scientific.
4.4 Unless otherwise specified in respect of a particular Scheduled
Online Course, the Course Fee for all Scheduled Online Courses is payable with
a one-off lump-sum payment at least 10 calendar days before the scheduled course
start date.
4.5 Course Fee payments will be accepted by:
(i) Credit Card (Visa and MasterCard);
(ii) PayPal; or
(iii) Bank transfer, if client is unable to pay by credit card. Payment
via bank transfer which will need to be arranged directly with us through email
at training.menamedicalresearch.com
5. CANCELLATION & DEFERRAL
5.1 No refunds, cancellation of Services, or variations will be
permitted for online courses. Variation of course dates, and/or refunds
will be at the entire discretion of Helixor Scientific.
5.2 For Scheduled Online Courses, Helixor Scientific reserves the
rights to cancel the course prior to the course start date or to defer the course
start date.
5.3 If the Scheduled Online Course is cancelled or deferred after
payment has been received, we will refund the Course Fee to you via your
original method of payment within 30 days of giving notice to you of such
cancellation, subject to 3rd party payment service provider’s refund processing
speed.
6. ONLINE COURSE CONTENT AND ACCESS TERMS
6.1 The description of the Online Course on the
Website and/or in any relevant Brochure and/or Partner Websites will set out
details of the contents of the available Online Courses.
6.2 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 however use our reasonable endeavours to provide an Online Course as
described.
6.3 When paying for Online Course, you are purchasing a licence.
This means that you will be able to access the Online Course content for a
period as defined on the Website or as informed to you via email.
6.4 The receipt of an
Online Course is personal to you and, unless otherwise agreed by Helixor
Scientific 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.
6.5 You acknowledge that the website operates a zero-tolerance
policy in relation to inappropriate behaviour of students. In particular,
abusive or violent behaviour directed at Helixor Scientific’s staff or other
students and unfair or dishonest practices such as plagiarism will not be
tolerated under any circumstances. Helixor Scientific 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
behaviour.
6.6 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 (set out in Clauses 6.4, 13.3 and 16.2), we may terminate a
student’s access to the Online Course and the Course Material. In such
circumstances, no refund will be given.
7.1 From time to time, we may make modifications
or enhancements to the Online Courses. Purchase of a current Online Course does
not entitle you to have access to future revised Online Courses as part of the
original purchase.
8. TECHNICAL SUPPORT AND ACCESS
8.1 If you are unable to access an Online
Course, we will use reasonable endeavours to provide a solution where Helixor
Scientific has direct control over the system, software or settings involved.
If the issue lies with your hardware, systems, software or settings thereof, Helixor
Scientific may, in its discretion, provide assistance to you to help you
resolve the issue but we cannot guarantee that any assistance provided will
resolve your issue.
8.2 You accept and acknowledge that periods of downtime may be
required in respect of the information technology infrastructure connected to
the Website and that technical assistance may not be available during such
periods of downtime. Further you accept that you will not have a claim for
breach of contract or otherwise in respect of such period of unavailability.
8.3 We will use reasonable endeavours to make the Online Course
available but cannot guarantee uninterrupted, timely or error free availability
or that defects will be corrected. Helixor Scientific reserves the right to
suspend access to the Website for the purpose of scheduled or emergency
maintenance, repairs or upgrades to improve the performance or functionality of
the Website.
8.4 You also accept and acknowledge that we cannot be held
responsible for any delay or disruptions to your access to the Online Course as
a result of such suspension or any of the following:
(a) the operation of the internet and the world wide web, including
but not limited to viruses;
(b) any firewall restrictions that have been placed on your network
or the computer you are using to access the Online Course;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues
9. WARRANTIES
9.1 WE will provide the Online
Study Materials in accordance with the Online Course description, which is
set out on the Website and/or in any relevant Brochure.
9.2 We expect you to take reasonable care to verify that the Online
Course and Online Study Materials in question will
meet your needs. We do not make any commitment to you that you will obtain any
particular result from your use of the Online Course or Online Study Materials or
that you will obtain any particular qualification on completion of the Online
Course.
9.3 We do not make any representation, guarantee or commitment to
you that the Online Course or Online Study Materials will be error free.
9.4 We do not make any commitment that the Online Course or Online
Study Materials will be compatible with or operate with your software or
hardware.
9.5 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.
10. NO ACADEMIC CREDIT
10.1 Helixor Scientific does not grant academic
credit for the completion of Content Offerings. Helixor Scientific,
instructors, and the associated Content Providers have no obligation to have
Content Offerings recognized by any educational institution or accreditation
organization.
11. LIMITATION OF LIABILITY
11.1 The exclusions and limitations of liability
contained in the Online Terms do not apply to a party’s liability: (i) for
fraud or wilful default; (ii) for death or personal injury caused by its
negligence; or (iii) where such limitation or exclusion cannot lawfully be
excluded.
11.2 Except as set out in the Online Terms, Helixor Scientific
shall not be responsible for losses that result from its failure to comply with
the Terms and Conditions including, but not limited to, losses that fall into
the following categories:
(a) indirect or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss or corruption of data
11.3 We are 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.
11.4 Save as otherwise set out in this section “Limitation of
liability”, Helixor Scientific’s maximum aggregate liability to you for any
claims that you may have against Helixor Scientific for direct loss in
contract, tort or otherwise arising out of or in connection with the Terms and
Conditions, the Online Course, your use of the Online Study Materials and any
technical support shall be limited to the amount of the Course Fee which has
been paid, or is payable, by you.
11.5 Helixor Scientific will not be held responsible for any delay
or failure to comply with its obligations under the Terms and Conditions if the
delay or failure arises from any cause which is beyond our reasonable control.
This condition does not affect your statutory rights.
11.6 Each provision in this Clause 12 shall be construed separately
as between you and Helixor Scientific. 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.
12. DISCLAIMER
The Online Courses are for training purposes only. Helixor
Scientific will not accept any responsibility to any party for the use of the
Online Course or Online Study 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.
13. INTELLECTUAL PROPERTY
13.1 At all times, Helixor Scientific and/or its
licensors, remain the owner of the intellectual property in the Online Courses
and the Online Study Materials. Other than as specified below, no Online Course
and/or Online Study 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 Helixor Scientific.
13.2 In consideration of receipt by Helixor Scientific of the
entire Course Fee, Helixor Scientific grants to you a non-exclusive,
non-transferable licence to access the Online Course and use the Online Study Materials
content for the sole purpose of studying for the Online Course. The licence
granted is to use the Online Study Materials by an individual student only.
13.3 Save as expressly set out in the Terms and Conditions or as
otherwise agreed by Helixor Scientific pursuant to Additional Online Terms and
Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell,
upload, broadcast, post, transmit, make available, disseminate or distribute in
any way the Online Course or any of the Online Study 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 Online Study Materials not expressly permitted in the Terms and
Conditions is strictly prohibited and will constitute an infringement of either
Helixor Scientific’s copyright or Helixor Scientific’s other intellectual
property rights, and/or the copyright or other intellectual property rights of Helixor
Scientific’s licensors.
14. DATA PROTECTION
14.1 Helixor Scientific will process the
information it receives from you or otherwise holds about you in accordance
with the Online Terms and its Privacy Policy. You consent to the use by Helixor
Scientific of such information in accordance with Helixor Scientific’s privacy policy
14.2 In the event that you do not wish to receive marketing
correspondence from us, a written request or email should be sent to the
contact details set out in Clause 17.
15. INCONSISTENCY OF TERMS
15.1 If there is any conflict between these
Terms and Conditions and 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;
(i) the Additional Online Terms and Conditions;
(ii) the Terms and Conditions of Online Courses; and
(iii) the Terms
and Conditions of Website Use
16. GENERAL
16.1 We 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.
16.2 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 Helixor
Scientific pursuant to Additional Online Terms and Conditions.
16.3 We may assign, transfer or sub-contract any of its rights or
obligations under the Terms and Conditions to any third party at its discretion.
16.4 No failure or delay by Helixor Scientific 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 Helixor Scientific in writing.
16.5 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.
16.6 Any notices required to be served on you by Helixor Scientific
under the Online Terms will be deemed properly served if emailed to the email
address or address notified by you to Helixor Scientific, respectively. Any
notices required to be served on Helixor Scientific by you will be deemed
properly served if sent by email or in Clause 16.
16.7 A notice sent by online form or email is deemed to be given on
the day it was sent.
16.8 The Contract between you and Helixor Scientific will be
concluded in English only.
16.9 The Contract between you and Helixor Scientific is not
intended to be for the benefit of any third party, and shall not be exercised
by any other person.
16.10 Any matters arising out of or in relation
to the Online Terms, are governed by and construed in accordance with the laws
of Hong Kong. You agree to submit to the exclusive jurisdiction of the Hong
Kong courts to settle any disputes which may arise out of or in connection with
the Online Terms.
17. FEEDBACK
17.1 We welcome your suggestions, ideas, comments,
and other feedback regarding the Services ("Feedback"). By submitting
any Feedback, you grant us the right to use the Feedback without any
restriction or any compensation to you. By accepting your Feedback, Helixor
Scientific does not waive any rights to use similar or related Feedback
previously known to Helixor Scientific, developed by our employees,
contractors, or obtained from other sources.
18. CONTACT US
We can be contacted by sending an email to
info@menamedicalresearch.com
