Terms and Conditions

Introduction

The website www.knowadays.com (hereafter referred to as the ‘website’) is the property of Interactive Learning Ltd, trading as Knowadays. The terms ‘knowadays.com’, ‘we’, ‘us’, or ‘our’ all refer to the company Interactive Learning Ltd (which will be hereafter referred to as ‘Knowadays’), whose registered office is 59-60 Russell Square, London, WC1B 4HP. The company is registered in England and Wales under company number 12368022.

The terms ‘user(s)’, ‘customer(s)’ and ‘you’ refer to you as the client of our website and courses.

The term ‘course(s)’, ‘module(s)’, ‘test(s)’, quiz(zes)’ and ‘assignment(s)’ refer to our courses and their content as part of the training package that we offer to customers.

Copyright, Licence And Site Access

All course content is the property of Knowadays. We grant you a limited licence to access and make personal use of this website and courses, but not to download (other than page caching) or modify any portion of it except with the express written consent from us. Course material that is downloadable is only for the personal consumption of the user who has been granted access. This licence does not include any resale or credommercial use of this site or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This site or any portion of thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us. You may not frame or utilize framing techniques to endorse any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Knowadays and our affiliates without express written consent from us. You may not reproduce any image or depiction of this site as it might be rendered by a web browser or otherwise without express written consent from us. You may not use any meta tags or any other hidden text utilising our name or trademarks without express written consent from us. Any unauthorised use terminates the permission or license granted by us. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to our website so long as the link does not portray us, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written consent from us.

Liability And Warranties

Knowadays will not be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website and its courses.

Knowadays takes no responsibility for, and will not be liable for, its website being temporarily unavailable due to technical issues beyond our control.

If you do not provide accurate contact information, or if you do not respond promptly if we require further information, we cannot be responsible for delays in providing the course to you.

If you create an account, a logon ID and password are required. It is your responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable and keep to logon IDs and passwords confidential. You are responsible for any activity that occurs under your logon ID. You will advise Knowadays immediately if you discover any compromise of your passwords or suspect unauthorised use of the site using your identity.

Credits And Refunds

Knowadays maintains a fair and simple refund policy. 

If the course purchased has not been accessed then refunds requested within 14 days from the date of purchase will be refunded in full, less a $35 (£25) administration fee. If the course has been accessed then the un-accessed proportion (as a percentage) of the course material will be refunded, less a $35 (£25) administration fee. 

No refunds will be given if more than 14 days have passed since the purchase. To request a refund please email us at refunds@knowadays.com. We will assess all refund request in a timely manner.

Eligibility

Account registration and participation in any of the courses at Knowadays is restricted to those individuals 18 years of age or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein. By registering for a user account, you hereby represent that you are 18 years of age or older and have the authority and legal capacity to enter into the agreement. Some courses may have additional eligibility or admission requirements, as specified on the applicable course section of the website. If you do not qualify or do not agree to these terms, you should not register for an account with Knowadays.

Business Customers

When you purchase a course as a business on behalf of an individual delegate, our contract is with you, the business, and not to the individual undertaking the course.

It is the responsibility of the business to ensure that user email addresses are provided to Knowadays so that individual logon IDs can be created.

It is the responsibility of the business to ensure that the individual delegate completes any work relevant to the course.

Disclaimers Of Warranty; Limitations Of Liability

To the fullest extent permitted by applicable law, all courses (as defined at the outset of these terms of use) and any related information or products are provided ‘as is’ without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Knowadays does not warrant that any service will operate in an uninterrupted or error-free manner or that any service is free of viruses or other harmful components. Without limiting the foregoing, Knowadays does not warrant that (a) the course will meet your requirements or expectations or achieve the intended purposes; (b) the course platform will not experience outages or otherwise will be uninterrupted, timely, secure or error-free; (c) the course will be accurate, complete, current, error-free, secure or reliable; or (d) any defects in or on the course will be corrected. Knowadays makes no representation regarding your ability to transmit and receive information from or through the course, and you agree and acknowledge that your ability to access the course may be impaired.

Except insofar as the following limitation may be prohibited by applicable law, Knowadays shall not be liable to you or to any third party for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, loss of profits or earning power, loss of data, losses due to errors or interruption in availability of any services, unavailability of any course, server or communications facility, or damages due to acts or omissions of others participating in a course), arising out of or relating to the agreements, or the courses, including, without limitation, your and others’ use of or inability to use or participate in any course, or your submissions or use of user content, or others’ use of your user content, or your interaction with tutors and administration staff (whether online or in person), or your reliance upon information obtained from or through any course, whether based in contract, tort, statutory, or other law. Knowadays’ total cumulative liability to you arising out of or related to the agreements, the courses, (including, without limitation, in the ways described in the preceding sentence), whether based in contract, tort, statutory or other law, will not exceed the greater of (a) the total amount of course fees received by Knowadays from you or on your behalf for or in connection with the courses in any 12-month period or (b) £50. The disclaimers and limitations set forth in this section shall apply, to the maximum extent permitted by applicable law, whether or not Knowadays has been negligent or otherwise at fault.

You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these terms of use reflect a reasonable and fair allocation of risk between you and Knowadays and that these limitations are essential to Knowadays’ willingness to make the courses available to you. Each of these disclaimers and limitations is intended to be separately enforceable, regardless of whether any other remedy fails of its essential purpose.

For purposes of the foregoing disclaimers and limitations, ‘Knowadays’ includes the company directors, its employees, agents, contractors, and representatives.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If the laws or regulations of these jurisdictions apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Accuracy Of Content

Knowadays is not able to guarantee that information contained on or available via this website will continue to be accurate. You confirm that you have not relied on any such information and that any arrangements made between you and any other person, using or named on this website, are entirely at your sole risk and responsibility.

Information contained in or accessible via this website may change on a regular basis. We may make improvements or alterations to this website at any time and without notice.

Payments

We pay our Affiliates through Wise (formerly Transferwise) directly into your bank account. Please ensure that the email address listed on your account is correct so that we can inform you of transactions. If the address is incorrect then payments will not reach you, so it is your responsibility to update your email address if required. Login to your Affiliate Account and edit the information on the Profile tab to update your details.

Affiliate payment date is the 10th of each month, one month in arrears.

Payments for all referrals are in USD. Referrals for sales in GBP will be paid on the net value of the sale (before VAT) though the affiliate payments are paid gross, regardless of the currency of the sale. It is your responsibility to declare and pay any tax or insurance due on these payments and you indemnify Knowadays against any claims, losses, damages or any other liabilities that arise as a result of you not declaring and paying those sums. 

Your Obligations as a Knowadays Affiliate

You agree that you will:

(a) follow our reasonable instructions and requests in relation to your relationship with us as our Affiliate;

(b) always promote Knowadays and our products in the best light and as we would choose to do so ourselves, and not make or publish any statement that is disparaging or negative;

(c) notify us of all enquiries about Knowadays or our products promptly;

(d) familiarise yourself with the characteristics, functionality, price, performance and availability of our courses; and

(e) bear all costs and expenses incurred in connection with your activities as a Knowadays Affiliate.

You also agree that you will not:

(a) make any statement, representation or warranty, whether vocally or in writing, about Knowadays or our products other than those statements and representations contained in materials provided by us to you or set out on our Website;

(b) register any domain name, email address or company name that is identical or similar to the registered trademarks ‘Knowadays’ or ‘Interactive Learning’ or a translation of these trade marks into any other language;

(c) create, or direct or permit anyone else to create, a website for the sole purpose of advertising or promoting Knowadays;

(d) create or maintain, or direct or permit anyone else to create or maintain, any website or social media account or page using ‘Knowadays’ or ‘Interactive Learning’ or any translation of these names, which could reasonably be considered by anyone visiting it to be owned or maintained by us;

(e) compete or interfere with Knowadays advertising efforts. This means that you should not refer traffic to Knowadays via PPC advertising for search or content-based campaigns on Google, Bing, Yahoo, Facebook or any other network;

(f) promote your Affiliate link using spam/unsolicited emails;

(g) promote your Affiliate link in a way that may cause offence to others, including competitors;

(h) make statements about Knowadays products or Interactive Learning Ltd that are not true. Up-to-date information about our products can be found at www.knowadays.com, or by emailing us at info@knowadays.com.

‘Knowadays’ is our registered trade mark and when writing the name ‘Knowadays’ you agree that you will follow the following guidelines:

(a) where possible it is always best to refer to the Becoming A Proofreader course as Knowadays’ flagship course;

(b) use the names Knowadays and Becoming A Proofreader in the correct style and capitalisation conventions in each separate written or broadcast communication;

(c) where possible, write Knowadays in bold to distinguish it from surrounding text.

Privacy and Data Protection

Please click here to view our Privacy and Cookies policy, which explains how we process any personal data you provide to us and how our Website uses cookies.

Intellectual Property Rights

All rights, including Intellectual Property Rights, in and to Knowadays, the courses sold on our Website, the content in our Website and all other information and materials relating to Knowadays and our products are owned by Knowadays/Interactive Learning Limited.

As an Affiliate, Knowadays grants you a non-exclusive, non-transferable, non-assignable, worldwide licence for the duration of your membership of our Affiliate Programme, to use our Intellectual Property Rights for the purposes of promoting our products in accordance with these Terms. However, your participation in our Affiliate Programme does not transfer to you any rights in respect of our brand, our trade names or trademarks or the goodwill associated with them.

You agree that you will not use any trademarks or trade names that resemble our own marks or names (or both) and that would cause or be likely to cause any confusion or deception to third parties. You also agree that you will not do anything or authorise anyone else to do anything which would or might invalidate, or be inconsistent with, our Intellectual Property Rights.

If any infringement of any of our Intellectual Property Rights comes to your attention, whether actual or threatened, you agree to let us know as soon as you are reasonably able to. You also agree to notify us of any claim by anyone that our products infringe the rights of any other person, and you will, at our request and expense, do anything that may be reasonably required to assist us in relation to any such claim or generally to assist us in maintaining the validity and enforceability of our Intellectual Property Rights.

Electronic Communications

When visiting our website or sending email(s) to us, you are communicating with us electronically; therefore, you consent to receive electronic communications from us. We may communicate with you via email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Distance Learning Provisions

When visiting our website or sending email(s) to us, you are communicating with us electronically; therefore, you consent to receive electronic communications from us. We may communicate with you via email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Quotes And Payment

All courses are priced in Great British pounds (GBP), with the exception of users in the US, where the currency shown is US dollars (USD), and in Australia, where the currency displayed on the website is Australian dollars (AUD). All users are required to pay for courses prior to being given access to the course. Payment must be in full unless otherwise agreed in writing by Knowadays. These payment plans will be executed by invoice or by means of a subscription plan.

Business users may be invoiced or set up with a payment plan depending on the number of users and whether they are deemed to be eligible by Knowadays.

Unless otherwise agreed to in writing, payment is due when an invoice is rendered. Where a payment plan is set up and payment is not made, course access may be restricted until the balance is paid.

Termination Of Contract And Service

If any or all of the Terms and Conditions are violated by a user, we reserve the right to terminate all contractual and service obligations with the user. A contract between the user and Knowadays commences as soon as payment is received. Furthermore, receipt of payment confirms the user’s intention to begin the course. If a customer wishes to cancel any courses provided by Knowadays subsequent to payment, then they must contact us and a refund will be issued (minus any costs incurred in addition to the method of refund calculation already stated in the previous section). Knowadays reserves the right to cancel any contract at their discretion for any reason without explanation.

Our Rights to Make Changes

We may suspend the supply of a course:

• to deal with technical problems or make minor technical changes;
• to update the courses to reflect the changes to current practice; and
• if you are paying via a payment plan and you do not pay us for the courses when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the courses until you have paid us the outstanding amounts.

We will contact you to tell you when we are suspending supply of the courses.

Governing Law

This site and this agreement is governed by the laws of England and Wales. Any legal action against Knowadays shall take place in the courts of England and Wales.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Terms Of Use

You may not submit any defamatory or illegal material of any nature as part of your assignments to Knowadays. This includes text, graphics, video, programs, or audio. Contributing materials to the Knowadays community with the intention of committing or promoting an illegal act is strictly prohibited.

Contact

Relationship Between Affiliates and Knowadays

Neither you nor we are the agent or partner of the other. You agree that you will not at any time promote yourself as an agent or employee of Knowadays.

You also agree that you have no authority to enter into any contract on behalf of Knowadays or to bind Knowadays in any way, and you will not make any representation or indication that you are acting on behalf of, or are in any way capable of binding, Knowadays.

Termination and Closure of Inactive Accounts

We do not place any obligation on our Affiliates to meet quotas or guarantee sales. However, if any Affiliate Account is inactive for a period of one (1) year then we will close that account, meaning any clicks using the unique link associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that link.

You can choose to end your membership of our Affiliate Programme at any time, for any reason, by notifying us that you wish to do so. We will then close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission that has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.

We can terminate your membership of our Affiliate programme at any time, for any reason, by giving you thirty (30) days’ written notice. At the end of this thirty (30) day period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission that has not already been paid to you at the date that your account is closed will be paid through to you on our next payment date.

We can also terminate your membership of the Affiliate programme with immediate effect if you breach any of these Terms and do not remedy that breach (if capable of remedy) within fourteen (14) days of notice from us. If you do not correct the relevant breach within this time period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Once your account has been closed no further commission will be payable, including any commission that has accrued to your account but not yet been paid to you.

In addition to the termination provisions above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing if the other is declared bankrupt, enters into insolvency or administration proceedings.

The rights to terminate set out above do not prejudice any other right or remedy available to you or us.

If your membership of our Affiliate Programme is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against Knowadays, for compensation of any sort.

Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.

Confidentiality

You agree not to disclose any Confidential Information, directly or indirectly, to any third party without our written authorisation to do so, and you will exercise a reasonable level of care in protecting our Confidential Information from unauthorised use and disclosure. In particular, you agree that you will keep your account login details confidential and will not share them with any other person. You will also keep all marketing and other materials in relation to Knowadays confidential and will not use them for any purpose other than in connection with promotion of Knowadays.

These confidentiality provisions do not apply to information that is (a) publicly available, (b) obtained by you from third parties without restrictions on how you use that information, (c) independently developed by you without using our Confidential Information, or (d) required to be disclosed by order of a court or other governmental or regulatory body.

Disclosure of our Confidential Information has the potential to cause damage to our business beyond anything that is capable of being valued by money damages. You therefore agree that we will be entitled to injunctive relief and any other remedies available to us in order to enforce these confidentiality provisions.

Indemnification

You indemnify, defend and hold harmless Knowadays and its directors, officers, employees, distributors and agents from and against any and all claims, expenses, wages, lawsuits or other liabilities (including without limitation: reasonable legal fees and court costs) for injury to any person, or for loss or damage to personal property, which arises out of any misrepresentation by you regarding Knowadays or our products, or any other of your activities as a Knowadays Affiliate.

Notices

If you wish to give us notice in accordance with any of these Terms, please do so by emailing us at affiliates@knowadays.com. Any notices from us to you will be sent to the contact email address you have provided in your Affiliate Account details. Notices will be considered to have been given one (1) business day after transmission by email. 

Limitation of Liabilities

We make no warranties or representations (whether express or implied) with respect to the Affiliate Programme or your potential to earn income as an Affiliate, or that our Website will be available or error-free at any time.

We will not be liable for any special, indirect, incidental or consequential damages (including loss of profits) arising from or relating to your membership of our Affiliate Programme, including without limitation: damages claimed as a result of our Website or our products being unavailable or not performing for any period of time.

Knowadays’ liability for all claims of any kind arising out of or related to these Terms (including for negligence), whether based on contract, tort or on other legal or equitable grounds, is limited to money damages not exceeding the amount of commission due to you and unpaid at such time and which relates directly to the particular claim.

Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for anything else it would be unlawful to exclude or limit.

Notices

If you wish to give us notice in accordance with any of these Terms, please do so by emailing us at affiliates@knowadays.com. Any notices from us to you will be sent to the contact email address you have provided in your Affiliate Account details. Notices will be considered to have been given one (1) business day after transmission by email. 

Changes to These Terms

We may make changes to any of these Terms at any time by posting new or updated Terms on www.knowadays.com. We will also email any new or updated Terms to you using the contact email address you have provided in your Affiliate Account details. Changes to these Terms may include, without limitation: changes in the way we award commission, fee schedules, payment procedures and Affiliate Programme rules. If any changes we make are unacceptable to you, you will need to terminate your membership of our Affiliate Programme. If you continue to use your unique Affiliate link after we have notified you of new or updated Terms then you will be deemed to have accepted those Terms.

General

These Terms constitute the entire agreement between you and us with respect to the Knowadays Affiliate Programme, and supersede all other communications between us in relation to your involvement in our Affiliate Programme.

Neither you nor we will incur any liability to the other for any loss or damage resulting from a delay or failure to perform any of these Terms (or any part of them) if the delay or failure is caused (whether in whole or in part) by events, occurrences, or causes beyond the control of that party, including without limitation: acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.

These Terms are personal to you as our Affiliate and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.

If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of, or any part of, these Terms will not be considered a waiver of any subsequent breach of the same or any other provision of these Terms and failure, neglect or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of the rights under these Terms.

These Terms are governed by, and shall be construed in accordance with, the laws of England and Wales, whose courts shall have exclusive jurisdiction.

Thank you for being a Knowadays Affiliate!