(ONLINE COURSE AGREEMENT)
Effective as of March 4, 2024.

Before you enroll for our Online Course, or otherwise engage with an Online Course, please carefully
read this Agreement. If you don’t agree to the terms of this Agreement, please don’t enroll in an Online
Course. By creating an account, by signing up, or otherwise proceed to engage with an Online Course,
you agree to be bound by the terms of this Agreement.
This agreement (the “Agreement”) is entered by and between “NETZ” LLC, a limited liability company registered in the Republic of Armenia - TIN: 00522492, registered at 13/1 Sassuntsi Daviti Str. Yerevan, Erebuni (hereinafter referred to as “Course Provider”) and you, further defined bellow, as a participant in the Course (hereinafter referred to as “Participant”), also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement governs the Student’s attendance and participation in the Online Course (hereinafter referred to as “Course”), and any services provided by the Course Provider on the Course Provider’s website or other digital tools used by the Course Provider.

ARTICLE 1 - DEFINITIONS
1.1. The parties referred to in this Agreement shall be defined as follows:
a) Course Provider, us, we, our: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
b) You, the user, the Participant, the Student: You, as the participant in a Course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user, Participant or Student.
c) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred
as Parties.
1.2. Course, online course, class, lesson referred to in this Agreement shall be defined as follows:
a) Course: Course is a language training course online to teach you German that we offer through
our Website (https://netz.schule/en) using digital tools specified therein (hereinafter referred to as “Website”), including any services provided during a Course such as Live Online Classes, access to our audio and video content and associated online materials (“Services”).
b) Live Online Classes (Synchronous)։ Live Online Classes are synchronous events organized in a live virtual meeting room where students and teachers (instructors) meet together to communicate with voice, video, whiteboard over the internet. Live Online Classes require students and instructors to be online at the same time. Meetings and lectures occur at the same hour. All attendees must be online and connected to the internet at that specific hour.
c) Online Course (Asynchronous)։ Online Courses are delivered asynchronously where students learn on their own schedule (self-paced learning) without any real time instructor. The course content - lessons, prerecorded video or audio lectures and tutorials, tests and quizzes, homework and assignments can be access by the students enrolled in the course at any time, as long as the course is active and available.
d) Class: A Course category that is unique in its teaching method, content, number of lessons therein, duration, purpose, and price. A Class is a combination of Lessons.
e) Lesson: A lesson is a fixed period of minutes or hours when you are taught about a particular subject using specific teaching methods and tools. A Lesson is a unit within a Class. A Class type, title, description, price, duration, start date, end date and other terms and conditions of a Class are published on our Website and may be updated from time to time.
1.3. Terms: The Terms and Conditions that are defined by this Agreement, are not limited solely to the
rules set out in this Agreement. Rules for using the Website also include rules, requirements, and terms contained in other pages of the Website, as well as in notices (notifications), guidelines, in frequently asked questions, in technical settings and specifications of the Website, that together with the Privacy Policy and other documents published on the Website, are an integral part of this Agreement, equivalent to the rules contained in this document (hereinafter referred to as “Terms") and must be properly followed by the Website users.

ARTICLE 2 - CONSENT
2.1. The Course Provider only agrees to provide the Course to you if you assent to this Agreement.
2.2. This Agreement terms apply when you sign up for the Course through our Website, and any other
websites or digital tools we operate.
2.3. By creating an account, by signing up, or otherwise proceed to engage with a Course, you confirm
that you have read this entire Agreement, have understood the terms of this Agreement, and agree to be bound by the terms of this Agreement.
2.4. For the purposes of this Agreement, “creating an account” means not only the process of setting up a new user account on the Website, but also filling out a Course enrolment form on the Website or a linked website with details such as name, email address, contact details and other required fields.“Account” means not only “Website user account” but also Participant’s profile who enrolled in a Course, and include his/her name, email address, contact details and other information.
2.5. If you do not agree to be bound by this Agreement, please cease your attendance and participation
in the Course or discontinue such attendance and participation. If you do so after purchase, you will not be entitled to any refund.
2.6. When you enroll in a Course, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

ARTICLE 3 - ENROLLING IN A COURSE
3.1. Enrolment for a Course is your registration in the list of Participants of a Course by signing up in the Website or by other means specified therein. There is no minimum age required to attend or participate in the Course.
3.2. The Course Provider assumes no responsibility for the age of the Participants and those who passively attend the Course.
3.3. By paying the fees or otherwise accessing a Course (“Course Enrollment”) you represent and
warrant that:
a) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf);
b) you comply with these Terms, all applicable laws, and our policies (including the Privacy Policy, and any other policies that may be applicable from time to time (“Policies”);
c) you are over the age at which you can provide consent to data processing under the laws of your country, and
d) you are authorised to use the debit or credit card you provide for your Course Enrolment.
3.4. If you enroll someone in a Course or pay for a Course on behalf of someone else (Participant), you represent and warrant that:
a) you have full legal authority to bind the Participant to these terms and conditions;
b) you have read and understand this Agreement;
c) you agree, on behalf of the party that you represent, to this Agreement.
3.5. Enrolling in a Course constitutes your acceptance to enter into a contract with us under this Agreement, where we will provide you with the Course you have ordered in exchange for your
payment of the total fees listed upon checkout.
3.6. Unless otherwise indicated, this Agreement are considered not to be agreed between you and us
until we have approved your payment of the fees and you receive an email from us confirming that your Course Enrolment has been accepted.
3.7. Once we confirm your Course Enrolment, your Course Enrolment is binding and cannot be
changed by you unilaterally.

ARTICLE 4 - PAYMENT & FEES
4.1. We offer paid Courses for a fee. All fees are as displayed and accepted by you at the time of
checkout. Unless otherwise indicated, amounts stated on the Website include taxes and other
obligatory payments.
4.2. Fees does not include expenses for purchasing course materials (online or paper books and other
resources). You are required to purchase online or paper books according to a particular Course
requirements at your expense.
4.3. You are responsible for paying all fees charged by or for Course Provider and applicable taxes in
a timely manner with a payment mechanism associated with the applicable paid Course.
4.4. Unless otherwise indicated, our services are being provided on a monthly subscription basis. We
suggest starting with two introductory paid Lessons to better understand our teaching approach.
Once you complete these trial Lessons, and you are willing to purchase monthly subscription of your selected Course, the monthly subscription fee must be paid in advance.
4.5. If payment is not made during the deadline of payment, you will lose your place in the Course.
4.6. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms.
4.7. Fees may vary based on your location and other factors, and we reserve the right to change any
fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Course.
4.8. We reserve the right to charge credit card surcharges in the event that payment of the fees are made using a credit, debit or charge card (including Visa, MasterCard).
4.9. We may use third-party payment providers (“Payment Providers”) to collect payment of the fees
for the Courses. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the Terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your fees.
4.10. In the event that we discover an error or inaccuracy in the fees for your Course Enrolment, we will
attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Course at the correct fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the fees have already been debited, the full amount will be credited back to your original method of payment.

ARTICLE 5 - REFUNDS
5.1. In case of impossibility of providing you the Course that has arisen due to your fault, the Course is subject to payment in full. Upon your termination of this Agreement any fees paid are non-refundable.
5.2. If the impossibility of providing the Course has arisen due to circumstances for which neither of the parties is liable, you will compensate the Course Provider for the expenses actually borne by it.
5.3. If the impossibility of providing the Course has arisen due to circumstances for which the Course
Provider is liable, you can request a refund within 15 (fifteen) banking days from your purchase date. We will either issue a refund or compensate you for any lessons not taken within your paid subscription period.
5.4. Refund requests made outside of this Agreement will not be considered.

ARTICLE 6 - COURSE DELIVERY
6.1. Our Courses are designed to teach you German using digital tools mentioned in our Website. To
organize online teaching we use Miro, Edvibe, Zoom and other means published on the Website.
6.2. You are required to have an account with Miro, Edvibe, or Zoom to access the Course. If you do not have the required account, you may not be able to access or participate in the Course or some part of it. You agree that we are authorised to create an account for you on your behalf with Edvibe or other online resources.
6.3. Our Courses may be provided through a variety of mediums, depending on which Class you choose. This may include video content, workbooks, group or one-on-one training sessions,
resources and other learning materials. We ensure that recordings of each Lesson are available in our Telegram chat rooms shortly in the end of the Class.
6.4. To start Lessons, you need an internet connection and equipment for online calls (camera,
microphone, computer or tablet). The camera must be switched on during Lessons. Please notify the teacher in the chat room if you are going to be late.
6.5. Once we have received payment of the fees, you will be granted access to the Course selected at
checkout.
6.6. After purchasing the Course you may not be able to begin until the specified Course Start Date.
You must complete the Course by the specified Course End Date.
6.7. After the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.

ARTICLE 7 - LICENCE OF ACCESS AND USE OF COURSE MATERIALS
7.1. Your access to a Course will be valid for your enrolled Class from the date specified for that particular Class during the Course Enrolment.
7.2. The Course Provider may provide you with certain information, documents, written, audio or video materials, graphics or any combination thereof (“Materials”) as a result of your participation in a particular Course.
7.3. Subject to this Agreement, the Course Provider grants the Participant a non-exclusive, limited,
non-transferable, revocable licence to use the Materials solely in connection with the Participant’s
participation in the Course. The Materials may not be used for any other purpose. You are not allowed to share the Materials with others, sell or publish the Materials. You may only and exclusively view the Materials for the personal use.
7.4. Availability of using digital tools to participate in a Course or applying technical means to use our learning materials are your sole responsibility.

ARTICLE 8 - ACCEPTABLE USE AND REVOKE A LICENCE
8.1. You agree that you will not use the Course or the Website for any unlawful purpose or any purpose
prohibited under this Article or applicable law. You agree not to use the Course or the Website in any way that could damage the Course, the Website, the other participants of the Course, or general business of the Course Provider.
8.2. You further agree that you will not use the Course or the Website:
a) To share login details with other people for the purpose of sharing the Course;
b) To harass, abuse or threaten others or otherwise violating any person’s legal rights;
c) To violate the intellectual property rights of the Course Provider or any third party;
d) To upload or otherwise disseminate any computer viruses or other software that may damage any party’s property;
e) To perpetrate any fraud;
f) To engage in or create illegal gambling, lotteries or pyramid schemes;
g) To publish or distribute any obscene or defamatory material;
h) To publish or distribute any material that incites violence, hatred or discrimination against any group;
i) To use the Course for illegal spam activities, including any mass commercial emails;
j) To unlawfully gather information about others;
k) To realize unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
8.3. We may revoke your licence, if we suspect, for any reason, that you are misusing the licence by
any action listed above.
8.4. In the event your licence is revoked, this Agreement will be terminated and you will not be entitled
to a refund of the fees.

ARTICLE 9 - COLLECTION NOTICE AND PRIVACY
9.1. We may collect personal information about you while you are enrolling for a Course or anytime during the Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, accessible here: https://netz.schule/en
9.2. Our Privacy Policy contains more information about how we use, disclose and store your
information and details, how you can access and correct your personal information.
9.3. By agreeing to this Agreement, you agree to be bound by the clauses outlined in our Privacy
Policy.

ARTICLE 10 - DATA SECURITY AND DATA LOSS
10.1. While we will use our best efforts to ensure that your information, data or other electronic
materials (“Data”) that is being backed-up or stored as part of the Course will be stored securely,
we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data,
including due to hacking, malware, ransomware, viruses, malicious computer code or other forms
of interference.
10.2. The Course Provider does not assume or accept responsibility for the security of your account or
content. You agree that your participation in the Course or use of the Website is at your own risk.
10.3. We do not accept responsibility for loss or damage to computer systems, mobile phones or other
electronic devices arising in connection with use of the Courses. You should take your own
precautions to ensure that the process that you employ for accessing any Course does not expose
you to risk of viruses, malicious computer code or other forms of interference.

ARTICLE 11 - REPORTING MISUSE
11.1. If you become aware of misuse of a Course by any person, any errors in the material in any Course
or any difficulty in accessing or using any Course, please contact us immediately using the contact
details provided on our Website.

ARTICLE 12 - SERVICE LIMITATION
12.1. The Course is made available to you strictly on an ‘as is’ basis. Without limitation, you
acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
a) the Course will be free from errors or defects;
b) the Course will be accessible at all times;
c) information you receive or supply through the Course will be secure or confidential; or
d) any information provided through the Course is accurate or true.

ARTICLE 13 - USE OF MEDIA
13.1. You acknowledge and agree that during the online Course, you may be subject to photographs,
videos, sound recordings or other media captures of your face, name, voice or likeness. In
consideration of your participation in the Course, you hereby irrevocably consent on behalf of
yourself, to the use, publication, distribution, broadcast, reproduction, live streaming, editing,
recording, posting, copyright, licensing, digitization and/or republication of the Released Media,
as defined below, by the Course Provider, and all employees, affiliates, partners, representatives
or agents (collectively, the “Releasee”) for any lawful reason or purpose, including, but not
limited to, social media, commercial products, education, materials, video footage, sales,
marketing or any other media in any form whatsoever that has been or will be invented.
13.2. Released Media will include, but not be limited to, all photographs, videos, sound recordings,
paintings, sculptures and all other media now known or hereafter developed, captured of you or
your likeness during the Course by the Releasee.
13.3. You hereby release, on behalf of yourself, the Releasee from all claims and demands arising out
of or in connection with any use of the Released Media, including, without limitation, claims for
breach of privacy, claims of publicity rights, defamation and/or any other intellectual property
rights. You may not claim any ownership rights in the Released Media and hereby waive on behalf
of yourself any past or present right to register any copyright or trademark in the Released Media.
13.4. You consent, on behalf of yourself, to the use of this publication medium with the knowledge and
understanding that your name, comments and other identifying factors may be revealed to the
general public. However, the Releasee may not disclose your known or previously known location,
e-mail or physical address, or other contact information, such as telephone number, to any party
in any medium.
13.5. You may publish general information about what you have learnt from a Course, on social media,
provided such information is general in nature and does not cover any of the actual content or
information covered in a Course.
13.6. We ask that you please provide accreditation to us by reference or hashtag if you make such a
publication. We reserve the right to require you to remove any such publications or remove any
accreditation to us.

ARTICLE 14 - THIRD PARTY GOODS AND SERVICES
14.1. The Course may be powered by goods or services provided third parties (including third party
platforms) and therefore subject to the Terms and conditions of those third parties. Your
participation in a Course is subject to any applicable third party Terms and conditions and you
agree to familiarise yourself with all applicable third party Terms and conditions.
14.2. To the maximum extent permitted under applicable law and our agreements with any applicable
third parties, we will not be liable for any acts or omissions of those third parties, including in
relation to any fault or error of the Course or any issues experienced in Course Enrolment.

ARTICLE 15 - INTELLECTUAL PROPERTY
15.1. You agree that the Materials, the Course, all online properties owned by the Course Provider (such
as websites, social media pages, etc.), and any other intellectual property so created is the property
of the Course Provider, including all copyrights, trademarks, designs, patents, moral rights,
semiconductor and circuit layout rights, trade, business, company and domain names, and other
proprietary rights, trade secrets, know-how, technical data, confidential information and the right
to have information kept confidential, or any rights to registration of such rights (including
renewal), whether created before or after the date of this agreement (“Provider IP”).
15.2. You agree that the Course Provider owns all right, title and interest in and to the Provider IP and
that you will not use the Provider IP for any unlawful or infringing purpose. You agree not to
reproduce or distribute the Course Provider’s intellectual property in any manner whatsoever,
including electronically or by registering new trademarks, trade names, service marks or URLs,
without the express written permission of the Course Provider.

ARTICLE 16 - DISCLAIMER
16.1. The Course is provided for information purposes only. While our Courses have been prepared
with every effort to help you develop the relevant language skills, any information provided as
part of a Course is general in nature.
16.2. You acknowledge and agree that any information received by you as a result of or through the
Course, or in the Materials, is not intended to be legal, medical, financial or other advice, and that no fiduciary relationship has been created between you and the Course Provider. The Course
Provider assumes no liability for any advice or other information given in the Course.
16.3. Our Courses do not take into account your personal circumstances. Many factors will be important
in determining whether you achieve any actual results in relation to your language development
and there is no guarantee that you will be able to achieve any specific results within any timeframe,
or at all.
16.4. You agree that your participation in the Course is at your own risk and that the services the Course Provider provides are provided on an “as is” basis. The Course Provider hereby expressly
disclaims all express or implied warranties of any kind, including, but not limited to, the implied
warranty of fitness for a particular purpose and the implied warranty of merchantability. The
Course Provider does not guarantee that the Course will meet your needs. The Course Provider
also does not warrant the reliability or accuracy of any information contained in the Course. You
agree that any damage that may occur to you through your computer system, or as a result of the
loss of your data during your participation in the Course is your sole responsibility and that the
Course Provider is not liable for any such damage or loss.
16.5. We do not offer any promises or guarantees with regard to the Course or Course Materials. You
hereby acknowledge and agree:
a) You are solely and exclusively responsible for the choices that you make with regard to this
Course, the materials contained within it, or any significant changes to your business or life;
b) You are solely and exclusively responsible for your own mental health, physical health,
business decisions, and any other actions or inaction you choose to take;
c) We are not liable for any result or non-result or any consequences which may come about due
to your participation in the Course.
16.6. The Course Provider is not responsible for any damages (loss of profits or revenues, consequential
or punitive damages, negligence, strict liability, fraud or torts of any kind, etc.) that may be caused
to you as a result of your participation in a Course.

ARTICLE 17 - LIMITATION OF LIABILITY
17.1. To the maximum extent permitted by applicable law, we limit all liability to any person for loss
or damage of any kind, however arising whether in contract, tort (including negligence), statute,
equity, indemnity or otherwise, arising from or relating in any way to a Course, the Website, the
Services, these Terms or any other goods or services provided by us to the value of the fees (if
any) paid for a Course. If no fee has been paid, liability is excluded to the maximum extent
permitted by applicable law.
17.2. The Course may contain text, images, data and other content provided by a third party and
displayed in the information provided through the Course (“Third Party Content”).
17.3. We accept no responsibility for Third Party Content and make no representation, warranty or
guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third
Party Content.
17.4. The Course may contain links to other websites that are not our responsibility. We have no control
over the content of any linked websites, and we are not responsible for that content.
17.5. Inclusion of any linked website on any Online Course does not imply our approval or endorsement
of the linked website.

ARTICLE 18 - INDEMNIFICATION
18.1. You agree to defend, indemnify and hold the Course Provider harmless from and against any and
all claims and legal demands, including reasonable attorneys’ fees, arising out of or relating to
your participation in the Course, your violation of this Agreement, or your conduct or actions. You
agree that the Course Provider may choose its own legal counsel and participate in its own defense,
if it chooses to do so.

ARTICLE 19 - ENTIRE AGREEMENT
19.1. This Agreement constitutes the entire understanding between the parties with respect to the
Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral.

ARTICLE 20 - MODIFICATION & VARIATION
20.1. The Course Provider may, from time to time and at any time without notice to you, modify this
Agreement. You agree that the Course Provider has the right to modify this Agreement or revise
anything contained herein. You further agree that all modifications to this Agreement are in full
force and effect immediately upon posting on the Website and that modifications or variations will
replace any prior version of this Agreement, unless prior versions are specifically referred to or
incorporated into the latest modification or variation of this Agreement.
20.2. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of
law, you agree that the prior, effective version of this Agreement shall be considered enforceable
and valid to the fullest extent.
20.3. Your continued use and access of the Course following the posting of any changes constitutes
acceptance of those changes.

ARTICLE 21 - TERMINATION
21.1. Your licence and access to a Course will terminate automatically at the end of the Course term
(whether you have accessed the Course or not).
21.2. We may, in our sole discretion, terminate this Agreement for convenience at any time by providing
7 days’ written notice to you.
21.3. Either party may immediately terminate this Agreement by written notice to the other party if:
a) the other party is in default or breach of this Agreement;
b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal
offence involving fraud or dishonesty or an offence which, in the opinion of the other party,
affects the other party’s obligations under this Agreement;
c) the other party or any of the other party’s personnel conducts themselves in a way tending to
bring them or the other party into disrepute; or
d) the other party or any of the other party’s personnel has a conflict of interest that cannot be
resolved to the satisfaction of the other party.
21.4. Upon termination of this Agreement:
a) your licence will be revoked and you will no longer have access to the Course;
b) any fees paid are non-refundable (except in accordance with Article 5, para. 2); and
c) you must immediately deliver to us all property belonging to us and materials comprising or
containing any of our Intellectual Property (as defined in Article 15) which is in your care,
custody or control, and you must thereafter destroy any copies you have of such materials.
21.5. Upon the termination of this Agreement, all provisions that by their nature should survive
termination will remain in full force and effect.

ARTICLE 22 - DISPUTE RESOLUTION AND GOVERNING LAW
22.6. A party that requires resolution of a dispute which arises under or in connection with this
Agreement must give the other party or parties to the dispute written notice containing reasonable
details of the dispute and requiring its resolution under this clause.
22.7. Once the dispute notice has been given, each party to the dispute must then use its best efforts to
resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such
other period as agreed by the parties in writing) after the date of the notice, any party to the dispute
may take legal proceedings to resolve the dispute.
22.8. By participating in the Course, you agree that legislation of the Republic of Armenia shall govern
any matter or dispute arising out of or relating to this Agreement and any dispute of any kind that
may arise between you and us, except for the conflict of law provisions.
22.9. In the event of any dispute specifically authorized by this Agreement, the Parties agree to submit
to the Civil Court of General Jurisdiction of First Instance of Yerevan, Armenia. The Parties agree
that this choice of law, place and jurisdiction provision is not optional, but rather mandatory.

ARTICLE 23 - NOTICES
23.1. If you have any questions or concerns, please email us at info@netz.schule
23.2. You can also find us at the following URL address: https://netz.schule/en
23.3. A notice or other communication to a party under these Terms must be:
a) in writing and in English; and
b) delivered to the other party via email, to the email address most regularly used by the parties to
correspond regarding the subject matter of these Terms as at the date of these Terms (Email
Address). The parties may update their Email Address by notice to the other party.
23.4. Unless the party sending the notice knows or reasonably ought to suspect that the email was not
delivered to the other party’s Email Address, notice will be taken to be given:
a) one business day after the email was sent,
b) when replied to by the other party
whichever is earlier.

ARTICLE 24 - GENERAL PROVISIONS
1) Language: All communications or notifications made under this Agreement shall be in English.
2) Defined Terms: If a word or phrase is given a defined meaning, any other part of speech or
grammatical form of that word or phrase has a corresponding meaning.
3) Assignment: This Agreement, or any rights granted hereunder, may not be assigned, sold, leased
or otherwise transferred, in whole or in part, by you. If this Agreement or the rights granted
hereunder are assigned, sold, leased or otherwise transferred by the Course Provider, the Course
Provider’s rights and responsibilities shall apply to all assignees, administrators, successors and
executors.
4) Diversity: If any part or sub-part of this Agreement is found by a court or arbitrator of competent
jurisdiction to be invalid or unenforceable, the remaining parts and sub-parts shall be enforced
to the maximum extent possible. As such, the remainder of this Agreement shall remain in full
force and effect.
5) No Waiver: The failure by the Course Provider to enforce any provision of this Agreement shall
not constitute a waiver of any future enforcement of that or any other provision. The waiver of
any part or sub-part of this Agreement shall not constitute a waiver of any other part or sub-part.
6) Headings of convenience only: The headings of the parts and sub-parts of this Agreement are for
convenience only. The headings do not affect the meaning of the provisions of this Agreement.
7) No Agency, Partnership or Joint Venture: No agency, partnership or joint venture has been
created between the Parties as a result of this Agreement. Neither Party has the authority to bind
the other Party to third parties.
8) Survival: Any clause that by its nature would reasonably be expected to be performed after the
termination or expiry of these Terms will survive and be enforceable after such termination or
expiry.
9) Severance: Any term of these Terms which is wholly or partially void or unenforceable is
severed to the extent that it is void or unenforceable. The validity and enforceability of the
remainder of these Terms is not limited or otherwise affected.
10) Force Majeure: The Course Provider shall not be liable for any failure to perform due to causes
beyond the reasonable control of the Course Provider, including, but not limited to, acts of God,
acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural
disasters, and other acts that may be due to unforeseen circumstances.