Terms of Use

 

Effective: 10 March 2022

 

1. Introduction 

Scope


You are entering into this Terms of Use with Agora Insights Ltd. referred to as "Agora Insights". When entering our site, you agree to enter for the single and ultimate purpose of being a student of Agora Insights Ltd regardless of if you purchase a course or not. If that is not your intention, then you are not permitted to use the site or its resources.

This Terms of Use applies to Visitors, Registered Users, and Customer that engage with Agora Insights websites, courses, products, materials, communications, events and any other content or service that are offered by Agora Insights (collectively, our "Services").

You agree that by using, registering, signing in, and/or paying for our Services, you are entering into a legally binding Terms of Use with Agora Insights. You acknowledge that you have read these terms of use, understand them, and agree to be bound by the conditions outlined. If you wish to terminate this Terms of Use completely you can do so by closing your account with us.

When you use our Services, you agree to all these terms and any posted guidelines, rules or additional terms applied to that product. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. 


Visitors

Any person viewing or actively engaging with our Services that is not registered or a Customer. 


Registered Users

Registered users have created an account with us through completing a registration form. Registered users become Customers of Agora Insights when payment for Services has been received. 


Customers

Customers of Agora Insights have submitted payment of the applicable fees.  

Services is for the specific and sole use of that Customer. All fees are non-refundable, non-transferrable, and must be paid in full to receive and maintain an active account and continued access to the Services. All fees are subject to change. 

Agora Insights Customers receive access to Services. These Services are offered only to those Customers in good standing (paid in full) and can include additional offerings and other third-party services (called “benefits”). These benefits may change at any time without notice. 


User Warranty 

As a User you warrant that you are not an agent or employee of any test or certification preparation entity, company, or business and that you will access and use the Site and Services solely for the purpose of increasing your personal knowledge.  


Changes

From time to time, we will make changes to this Terms of Use or any other policy or agreement. If we make any material changes, we will provide you reasonable notice through our Services, or by other means, to provide you with the opportunity to review the changes. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after published or communicated changes to these terms means that you consent to the updated terms as of their effective date.

 

2. Obligations

Service Eligibility

To use our Services, you have an active Customer account and are not restricted from using any of our Services. Creating an account with false information is a violation of our Terms of Use. 


Your Account

You must keep your password a secret. You will not share your account with anyone else. Registered Users and Customers are account holders. As account holders you agree to:

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate the Terms of Use.

  


Payment

You will honour your payment obligations and you must submit payment (including applicable taxes) to access our Services. We calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can get a copy of your invoice by contacting our accounts department (accounts@agorainsights.com). 


Payment Options

We receive payments electronically in the form of bank, or wire, transfers and cards payments only. We do not accept cheque/check payments anymore. If you require help or more information regarding our payment options, you can can do so by contacting our accounts department (accounts@agorainsights.com). 


Refunds are not available

Payments for our Services are non-refundable. This applies to user accounts and Services offered by Agora Insights. We are not required to provide a refund if you change your mind about a purchase for any reason – so please make an informed decision. To assist potential Users in making the best choice, they are provided with a free preview option of the Service before purchase.

All prices displayed for our Services are subject to change from time to time.  


Promotions and Special Offers

From time to time, Agora Insights advertises special discounts in the form of coupons, discount tokens, and promotional code (collectively referred to as "Promo Codes"). Please ensure that you take advantage of any relevant offers and promotions when purchasing the Services. We are not liable for refunds on Promo Codes that were not used at the time of purchase. If you are having difficulty entering a Promo Code, contact accounts@agorainsights.com.


Promotions are available for one-off purchases only, unless explicitly stated or advertised otherwise.


Notices and Messages

You will receive notices and messages through our Services. If your contact information is out of date, you may miss out on important notices. Please keep your information up to date. For more information on how we use your information, please see our Privacy Policy.

 

3. Rights and Limits

Licence

We hereby grant the right to access the eligible Services based on your payments to Agora Insights for your personal, non-commercial use. The Services may not be used for any purpose not expressly permitted in this Terms of Use.

Except as expressly stated otherwise, the Services may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Agora Insights.

In some instances, we expressly state that you may 'download' Services for certain limited purposes. In those express instances, and for that sole and exclusive purposes, you are permitted to do so. You may not reproduce, copy, duplicate, sell, or resell any part of the Services or its contents. 


Ownership

The Services and all information (in text, graphical, video, audio, and document forms), images, icons, software, design, applications, and other elements available are the property of Agora Insights, its affiliates and others, and are protected by international copyright, trademark, and other laws.

Your use of the Services does not transfer ownership or rights of these Services to you or any other person.

Other products, company names, and logos appearing on the Services may be registered or unregistered trademarks, trade names, service marks and logos ("Trademarks") of their respective owners. Any use of the Trademarks displayed on our Services, except as expressly provided in this Terms of Use, is strictly prohibited.


Other Services

Our Services may include links, material or content from other websites, resources, services, and businesses operated by other persons ("Other Services"). Other Services are independent from Agora Insights. We have no responsibility, liability or control over the quality, material, content, or products from Other Services. Links to Other Services are provided solely for your convenience.

 

4. Disclaimer and Limit of Liability 

We strive to make your use of the Services a useful experience. Nevertheless, Agora Insights and its affiliates do not accept any liability for your use of our Services, or those Other Services provided by third parties.


No Warranty

Agora Insights and its affiliates make no representation or warranty about the Services, including any representation that the Services will be uninterrupted or error-free, and provide the Services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Agora Insights and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose. 


Liability Exclusion

Agora Insights and its affiliates will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in terms of use, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Site or the Service by you or any other person, and regardless of any negligence or other fault or wrongdoing by Agora Insights or any of its affiliates or any person for whom Agora Insights or any of its affiliates are responsible, and notwithstanding that Agora Insights or its affiliates may have been advised of the possibility of such loss or damages being incurred by you or any other person.

Through or because of your use of the Services, you may have the opportunity to engage in communications and transactions of a commercial or personal nature with persons other than Agora Insights. All such communications and transactions are at your own risk.


Limitation of Liability

In no event will Agora Insights or any of its affiliates' total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in terms of use, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Agora Insights or any person for whom Agora Insights is responsible, exceed the total fees paid or payable by you to Agora Insights.


Release

You hereby release, remise and forever discharge each of Agora Insights and its affiliates and all of their respective agents, directors, officers, employees, information parties, service parties, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Site or the Service.


Indemnity

You agree to indemnify, defend and hold harmless each of Agora Insights and its affiliates and all of their respective agents, directors, officers, employees, information parties, service parties, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "indemnified parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the Site or the Service, the use of the Site or the Service by someone posing as you, or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand. You further agree to indemnify Agora Insights and its affiliates from all suits, damages, costs, and liabilities whatsoever arising from any transactions in which you engage using Services obtained from or through Agora Insights.

Advice and information provided by Agora Insights or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release, and indemnity provisions, and you may not rely upon any such advice or information.

 

5. Termination

Both you and Agora Insights may terminate this Terms of Use at any time. On termination, you lose the right to access or use the Services.

We may terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, if we believe that you have breached or acted inconsistently with this Terms of Use or any other guidelines, terms or conditions applied to our Services.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Terms of Use survive indefinitely after the termination of this agreement.

Please contact support@agorainsights.com for more information on how to close your account.

 

6. Rules of Conduct

You are responsible for all your activity and actions while using our Services.

Services of Agora Insights are made available to you for your lawful use only. You may access, browse, post, publish, link to or upload to the Services as outlined in this Terms of Use.

You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with or creating any undue burden on the Services.

You understand that, if you have an account with Agora Insights, your ability to access and use the Services is dependent on your compliance with this Terms of Use. Breach of these Terms of Use and any of the provisions herein may result in restriction or termination of your access.

You will not take any action or upload, download, post, submit or otherwise distribute any content, on Agora Insights Services that:

 

7. Geographic Location 

Agora Insights is based in New Zealand. We provide Services globally and reserve the right to provide services to countries at our discretion.  

 

8. Applicable Law

The Terms of Use are governed by the laws of New Zealand. Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. Agora Insights may assign its rights and duties under the Terms of Use without notice to any party at any time.

 

9. How to Contact Us

Our contact information is available online. For general inquiries, please contact support@agorainsights.com

For account and financial enquiries contact accounts@agorainsights.com