Terms And Conditions

TERMS AND CONDITIONS

Introduction

1.1.Please read this Terms and Conditions carefully, as it constitutes a legally binding agreement and applies to your use of (a) our website and all corresponding domains, subdomains, web pages and websites associated therewith (the “Site”), and (b) any other content, applications, features, functionality, information and services offered on or through the Site (the foregoing subsections (a) and (b) are collectively referred to herein as the “Goods and Services”), which are offered to you by Peak Cyber Institute (“Peak Cyber Institute”, “Peak” “PCI” “we”, “us” or “our”).

1.2.“https://www.peakcyberinstitute.com” is owned and operated by Peak Cyber Academy Limited (Trading as Peak Cyber Institute)

1.3.You agree to be bind by these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Site. Once you access our Site, you become a user (“User”).

1.4.You also agree to be legally bound by:

our privacy policy;

our cookie policy;

any additional terms and conditions that we provide to you in connection with the Goods and Services and other products and services we may offer or make available to you (“Additional Terms”);

the terms which may add to, or replace some of, these Term and Conditions. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice.

1.5.In order to use the Goods and Services, you (a) must be 18 years of age of older or (b) be 13 years of age or older and have the consent of a your parent or guardian. By using the Goods and Services, you represent, warrant and covenant to Peak Cyber Institute that you meet the foregoing eligibility requirements and further acknowledge and agree that certain features of the Goods and Services may be subject to heightened age and/or other eligibility requirements and restrictions.

Our Details

2.1. The website “www.peakcyberinstitute.com” is owned and operated by Peak Cyber Academy Limited, which is duly registered in the United Kingdom with the company number 12947653 trading as Peak Cyber Institute.

2.2.Our registered address is: 86 90 Paul Street, 3rd Floor, EC2A 4NE, London, United Kingdom

2.3.Our trading address is: 86 90 Paul Street, 3rd Floor, EC2A 4NE, London, United Kingdom

2.4.VAT number: N/A

Acceptance of Order

3.1.Once you place a purchase order, this is an offer from you to buy from us. After your order is received, we shall send you a confirmation e-mail, which will constitute as the acceptance. Our e-mail will also confirm the details of your purchase and the details of the material you have purchased.

3.2.If we do not have all of the products or services you order in stock, we will offer you alternatives. If this happens you may:

accept the alternatives we offer;

cancel all or part of your order.

3.3.After your receipt of the confirmation e-mail, you will be registered with Peak Cyber Institute and you become a User under the Site to view the product under the Goods and Services you have purchased and be bound by the Terms and Conditions.

3.4.If you are viewing the Site as a visitor, you will also be bound by the Terms and Conditions.

3.5.Once you place a purchase order, you confirm that you understand any and all pre-requisite skills or experience applicable to the material and examination. You acknowledge and agree to faithfully execute all of the lessons, assignments, and course work in the program(s) to the best of your ability. You further agree to attend all scheduled Q&A and coaching sessions included as part of the program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.

Use of Site

4.1.By purchasing any product under the Goods and Services, you will become a User under the Site and have a licence for a temporary, non-exclusive use of the designated course. The licence will grant a periodic use and will not in any way provide ownership of the material. Under the licence, you may:

view pages from our Site in a web browser;

download permitted pages from our Site for caching in a web browser;

print permitted pages from our Site;

stream audio and video files from our Site; and

use services by means of a web browser.

subject to the other provisions of these Terms and Conditions.

5.2.Except as expressly permitted under these Terms and Conditions, you must not download any material from our Site or save any such material to your computer.

5.3.Unless expressly permitted by these Terms and Conditions, you must not:

Edit, copy, modify, duplicate, frame or transmit any material provided under the Site;

Reverse engineer, dissemble or otherwise change any part or whole of the material provided under the Site,

Republish and/or redistribute (including license, lease, transfer and assign) material from our Site on any other platform including world-wide web;

Disclose or exploit material under the Site for commercial purposes;

Disclose any material from the Site in public or to third parties.

5.4.We reserve the right to restrict your use of the Site, if in our sole discretion, we have the intention that you are trying to and/or attempting to circumvent or bypass any restrictions on our Site or have provided access to third parties.

Acceptable Use

5.1.By entering our Site and agreeing with the Terms and Conditions, you agree that you must not:

Use the Site in a way that will violate any laws or regulations in the United Kingdom or in the country that you access the Site from world-wide web;

Use the Site in a way that causes damage or risks the performance, availability or accessibility of the Site or interfere with any equipment, software, network or storage under the Site;

Use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

Use the Site to do any kind of activities that is fraudulent or has a fraudulent effect or results in a harm to any third party;

Use the Site with a purpose that does not meet the reasonable standards including but not limited to any kind of data mining activities, automated means and any kind of direct marketing activities.

5.2.You must ensure that all the information you supply to us in relation to our Site, is true, accurate, current, complete and non-misleading.

Permissions

6.1.When you purchase any content from the Site, you will limited access to the specified content, stated in the description. You will only have access to the product you have purchased under the Goods and Services during this period starting from the date of purchase until the anniversary of the purchase date. Your limited period may be extended with an additional fee.

6.2.The content under the Site is personal to you. You can use it wherever you want in the world, but only if you comply with the local laws. The content is non-exclusive to you and similar content will be used by other users.

6.3.You are permitted to use the content only in 3 (three) devices or computers.

6.4.Live support is different than online learning course material access. Live support is limited by time and the details of each course bundle is different. When the support period ends, customer will keep access to learning materials but not the support system.

User Registration

7.1.In order to access and utilize content, features, and/or functionality of the Goods and Services, we require that you register for a “Peak Cyber Institute User Account” using your pre-existing Facebook, Google, or LinkedIn account, or with a unique username (email address) and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, name and other information (collectively, a “User Account”). Certain information you provide for your User Account will be visible to other Users of the Service. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information.

7.2.Once you become a user of any of the Goods and Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Goods and Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify Peak Cyber Institute of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any user of the Goods and Services if we believe there is a question about the identity of the person trying to access any User Account or element of the Goods and Services.

Price and Payment

8.1.The price payable for each of the Goods and Services that you order is clearly set out on our Site.

8.2.Further price quotes may be determined through e-mail correspondences and phone conversations. The quotes will be valid once we send you a valid quotation through e-mail after the correspondences. If no quotation is provided, the price of each course will be the price stated in our Site.

8.3.If not stated separately on the Site or quotations, the prices are inclusive of the UK Value Added Tax (“VAT”).

8.4.Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling (£) will be borne by you. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

8.5.If any payment due is delayed, rejected or returned; this amount will be treated as overdue and we will have the right to suspend the User Account until a full payment is secured. If an account is suspended due to non-payment, a fixed fee of £20 (twenty GBP) may be charged to re-activate the User Account.

Online Payments

9.1.Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

9.2.Online payments for purchases made directly through our Site are handled via our banking partners. Other payments, for purchases not made directly through our Site, are handled by UK licenced banks. These organisations comply with all required laws, regulations and correct procedures.

Cancellation and Refund

10.1.After the successful purchase of any Goods and Services under our Site and receipt of the confirmation e-mail, you will have the below rights for cancellation:

If you have completed a purchase and not accessed the materials under the Site, you will have the right for a cancellation and a refund without any explanation, within 14 (fourteen) days from the date of purchase;

If the materials or the system under site appears to be defective, you will have the right for cancellation and full refund.

2.2.Your will not have a right for refund after completion of a purchase and receiving the confirmation email, if you have:

accessed the Site in such a way to use the materials,

downloaded any of the materials into your computer,

start learning and progressing using our resources.

2.3.In any of the scenarios under clauses 10.1(a) and 10.1(b), a deposit of £250 (one hundred GBP) will be deducted from the refunded amount.

About Success Guarantee

11.1.By accepting the Term and Conditions, you agree and understand that Peak Cyber Academy Limited provides online program(s) and guarantees no specific result. You take full responsibility for your own success. Further, you acknowledge that everyone’s success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. We do not guarantee specific results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture. Whereas, we do offer a Job Finding Commitment Agreement, which you will find on our website. The terms and conditions are set on that document.

11.2.We make no representation or warranty for:

any implied warranty or condition as to merchantability or fitness of the products or services for a particular purpose;

the adequacy or appropriateness of the products or services for your purpose.

Limitations and Exclusion of Liability

12.1.Nothing in these terms and conditions will:

limit or exclude any liability for death or personal injury resulting from negligence;

limit or exclude any liability for fraud or fraudulent misrepresentation;

limit any liabilities in any way that is not permitted under applicable law; or

exclude any liabilities that may not be excluded under applicable law.

4.2.We will not be liable to you for any failure or delay in performing our obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond our control.

4.3.We will not be liable to you in respect of any loss or expense in respect of:

any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

any loss or corruption of any data, database or software;

any special, indirect or consequential loss or damage.

3.4.You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms and Conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

3.5.We will do all we can to maintain access to our Site, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

Intellectual Property Rights

13.1.You acknowledge and accepts that all Intellectual Property Rights in, or arising out of or in connection with, the Goods and Service shall be owned by Peak Cyber Institute. All Goods and Services are protected by copyright and are intended only for your individual learning purposes.

13.2.The Goods and Services provided to you may contain licence agreements from parties aside from us. Your enrolment is subject to your compliance with any applicable licence agreements.

13.3.You agree that you will not copy or permit the photocopying of course materials, nor disclose or permit the disclosure or sell or hire the course materials to third parties, nor use for running your own courses without prior written consent by Peak Cyber Institute.

13.4.Unauthorised sharing, copying and reproduction of any of the Goods and Services is strictly prohibited and the Peak Cyber Institute reserve the right to recover; loss of revenue, loss of profits and all other costs (including all legal cost) incurred in the enforcement of this clause.

Breach

14.1.Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

send you one or more formal warnings;

temporarily suspend your User Account;

permanently prohibit you from accessing your User Account; and/or

commence legal action against you, whether for breach of contract or otherwise.

4.2.You agree that money damages alone would not be an adequate remedy for the breach of the provisions of Intellectual Property Rights and Peak Cyber Institute shall be entitled to seek any legal remedy or relief to prevent any breach, or anticipated breach, by you or your delegate as is deemed proper by a court of competent jurisdiction. This right shall be in addition to the Peak Cyber Institute’s other rights in law or in equity.

Termination

15.1.We shall be entitled to terminate these Terms and  Conditions and cease to provide you with any Goods and Services with immediate effect in the event that you:

fail to pay any due amount within 14 days after we send you a written notice about the non-payment;

act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Peak Cyber Institute, any tutor who provides the Good and Services or any User who is registered under our Site;

cheat or plagiarise any work which you are required to prepare or submit in connection with the Goods and Services or during any examination taken in connection with the Goods and Services;

act in fraudulent or deceitful manner towards us or our employees or any other User who may be using our Site or present at our premise;

intentionally or recklessly breach any conditions under Article 5 (Acceptable Use) and/or Article 13;

Breach any other term and condition listed under this Terms and Conditions;

Commit any crime in relation to online

7.2.On termination the obligations of you listed under Article 12 (Liability), 13 (Intellectual Property Rights), 14 (Breach) and 16 (confidentiality) shall continue notwithstanding such termination.

Confidentiality

16.1.You understand and accept that each party has confidentiality obligations towards each other.

16.2.Our confidentiality obligations towards you will be:

We will treat all information you provide to us and about matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services (e.g. passing it to other professionals and consultants assisting us or you with your matter, unless you ask us not to) or if required or permitted by law or any regulatory authority to which we are subject.

We reserve the right to use external service providers for document reproduction or scanning as long as they are bound by appropriate obligations to maintain the confidentiality of the information.

Unless you instruct us otherwise in writing, we are entitled to state in promotional material and tender documents that we worked for you generally or on a particular matter or matters as long as we do not otherwise break our duty of confidentiality to you.

3.3.Your confidentiality obligations towards us will be:

You will treat all information we give you (other than information which is in the public domain) as confidential.

You will not disclose that confidential information to any other person, unless we have given our written consent or as required or permitted by law or any regulatory authority to which you are subject.

Complaints and Dispute Resolution

17.1.We are committed to provide high quality services and resolve any complain as soon as possible. If you have a complain, please contact us via support@peakcyberinstitute.com Our team will do our best to return to your complain within 7 working days to assist you with your complain.

17.2.If we cannot resolve a claim using internal complaint handling procedure within 14 day from the day of your first email, it will turn into a dispute and both parties agree to engage into negotiations to solve the dispute by negotiations.

17.3.If a dispute cannot be solved within 28 days from the start of the negotiations, parties agree to engage into one of the alternative dispute resolution methods from either mediation or arbitration. Both parties will agree for alternative dispute resolution from one the providers listed under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

Governing Law

18.1.The Terms and Conditions are governed by the Laws of England and Wales and it will apply to any or claim arising out of or in connection with the Goods and Services or its subject matter, including the non-contractual disputes and/or claims.

18.2.Parties irrevocable agree that the courts of England and Wales shall have exclusive jurisdiction or settle any dispute arising out of or in connection with the Goods and Services or its subject matter, including the non-contractual disputes and/or claims.

Miscellaneous

19.1.For any issue or question, please contact us via the information below. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or commercial courier or by e-mail to the below given addresses.

E-mail :  support@peakcyberinstitute.com

Address : 86 90 Paul Street, EC2A 4NE, London, UK

If sent by e-mail, it shall be deemed delivered within 48 hours, if no notice of receipt is received by sender;

If sent by courier, it shall be deemed delivered on the day the courier receipt is signed;

If send by post, within 72 hours of posting; and

I delivered by hand; on the day of delivery to an authorised person.

4.2.No one other than a party to this contract has any right to enforce any term of this contract.

4.3.You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

4.4.If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

4.5.These Terms and Conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Site and shall supersede all previous agreements between you and us in relation to your use of our Site.

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