Terms of Use

TERMS AND CONDITIONS OF ONLINE COURSES

These Terms and Conditions of Online Courses, which incorporate by reference the Terms and Conditions of Website Use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the sale of any Online Course. Please read the Online Terms carefully before purchasing an Online Course and print off a copy for your records. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.

1. Online Course Provider

1.1 The Online Courses are provided by Nyah Project, Inc. (hereinafter referred to as “Nyah Project”, “we” or “us”), a not for profit company incorporated in the State of Florida, United States. www.nyahproject.org and Access Online College Strategy Coaching is operated by Nyah Project.

1.2 We will use our reasonable endeavours to provide the Online Courses advertised by Nyah Project.

1.3 We will provide the Online Courses using reasonable care and skill.

1.4 We may appoint independent sub-contactors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third party suppliers to provide reasonable services related to the Online Courses. You agree that Nyah Project is not responsible for the actions or omissions of such sub-contractors or third party suppliers.

2. Definitions

2.1 Capitalized terms used herein (and not otherwise defined) have the following meanings:

“Additional Study Materials” means any Online Study Materials or Physical Study Materials not included in the Course Fee.

“Additional Online Terms and Conditions” means any additional terms and conditions relating to an Online Course agreed in writing by Nyah Project with a particular student;

“Brochure” means any online or hard copy material produced by Nyah Project that provides detailed information with respect to the Online Courses;

“Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;

“Course Materials” means the materials provided by Nyah Project in the course of the delivery of any Online Course, which may be (i) Online Study Materials and/or (ii) Physical Study Materials;

“On Demand Online Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by Nyah Project;

“Online Course” means either an On Demand Online Course or a Scheduled Online Course provided by Nyah Project;

“Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;

“Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, CD Rom, Blu-ray, and Audio CDs;

“Scheduled Online Course means an online course which is only available for access by you on a predetermined start date;

“Terms and Conditions of Website Use” means the terms and conditions pursuant to which you may access the Website and which can be found [here].

“Website” means www.onlinebushcraftcourses.com or any other domain operated by Nyah Project; and

“you” means the individual purchasing the Online Course.

2.2 The use of singular words herein also include the plural.

3. Purchasing and Confirmation

3.1 In order to purchase an Online Course license you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.

3.2 When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.

3.3. A legally binding agreement shall only come into existence once:

(a) Nyah Project has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable); and

(b) Nyah Project has received from you (or on your behalf) either (i) the entire Course Fee in cleared funds, if you choose to pay for the Online Course with a one-off lump-sum payment in accordance with Clause 4.3(a); or (ii) the first instalment of the Course Fee in cleared funds, if you choose to pay for the Online Course in instalments in accordance with Clause 4.3(b).

3.4 The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.

3.5 You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at [email protected]

3.6 Where your order consists of multiple Online Courses, each individual Online Course will be treated by Nyah Project as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by Nyah Project of your offer to purchase any other Online Courses which make up your order.

3.7 We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.

3.8 Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.

3.9 Organizations and Individual Users agrees to obtain the appropriate parental consent to enroll participants in Access Online as well as consent to adhere to the Access Online Terms and Conditions. By agreeing you affirm parental or guardian consent and to provide proof of parental consent if requested to do so.

4. Payment

4.1 The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by a Nyah Project customer services representative.

4.2 All amounts are payable in USD. The prices quoted are inclusive of applicable taxes. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to Nyah Project.  

4.3 Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either:

(a) with a one-off lump-sum payment, payable with your purchase offer; or

(b) in instalments, with payments being due at certain times over a set period of time, as specified on the Website and/or in a Brochure and/or as notified to you by a Nyah Project customer services representative, with the first instalment being payable with your purchase offer. Subsequent instalments will be automatically deducted from the debit/credit card you used to pay for the first instalment.

4.4 By choosing to pay the Course Fee in instalments in accordance with Clause 4.3(b), you agree that:

(a) it is your responsibility to ensure that the instalment payments are made on the due dates;

(b) Nyah Project and/or its service providers are authorised to collect the instalment payments from the debit/credit card you used to pay for the first instalment when such instalments become due and payable;

(c) you will inform us by email at [email protected] if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next instalment becoming due and payable;

(d) any failure to make payment of an instalment when due and payable constitutes a breach of the Contract and:

(i) unless otherwise agreed in writing by Nyah Project, will result in you losing the right to pay by instalments and all outstanding instalment amounts will become immediately due and payable; and

(ii) without prejudice to any other rights it may have, Nyah Project may suspend or cancel your access to the Online Course until the remaining instalment amounts are paid in full;

(e) subject to Clause 5.2, where Nyah Project takes action under Clause 4.4(d)(ii), you will not be entitled to a refund of any amount already paid; and

(f) if you cancel your order in accordance with Clause 5.1 or Clause 5.2, you shall only be entitled to a refund of any amount paid prior to such cancellation.

4.5 The option of paying the Course Fee in instalments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by instalments is at the sole discretion of Nyah Project. Nyah Project may withdraw the option of paying the Course Fee in instalments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in instalments at the date of such withdrawal.

4.6 The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in instalments.

4.7 Where the Course Fee is paid for:

(a) with a one-off lump sum payment, payments will be accepted by:

(ii) credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro); or

(iii) bank transfer, which will need to be arranged directly with us. Please contact us via e-mail at acces@nyahproject.org ; or

(b) in instalments, payments will only be accepted by credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro

4.8 In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website and/or in any Brochure is incorrect, Nyah Project will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in any Brochure, then Nyah Project will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, Nyah Project will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, Nyah Project will refund you the difference between the amount which you have paid and the correct Course Fee payable.

5. Cancellation and Deferral

5.1 Nyah Project may cancel any Online Course at any time prior to a scheduled license termination date. If Nyah Project cancels an Online Course prior to its scheduled license termination date, you will be entitled to a pro rata refund of the Course Fee.

6. Online Course content and Access terms

6.1 The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses.

6.2 Except as set out in the description of the Online Course on the Website and/or in any relevant Brochure, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by Nyah Project.

6.3 Upon receipt of an order confirmation email from Nyah Project you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.

6.4 The receipt of an Online Course is personal to you and, unless otherwise agreed by Nyah Project pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.

6.5 You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.

6.6 You acknowledge that Nyah Project operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at Nyah Project’s staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. Nyah Project may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behaviour.

6.7 We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student if found to be in contravention of the access rules (set out in Clauses 6.4, 12.3 and 16.3), we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.

7. Modifications to Online Courses or technology enhancements

7.1 From time to time, Nyah Project may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.

7.2 Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.

8. Technical Support and Access

8.1 If you are unable to access an Online Course, Nyah Project will use reasonable endeavours to provide a solution where Nyah Project has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, Nyah Project may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.

8.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

8.3 Nyah Project will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Nyah Project reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

8.4 You also accept and acknowledge that Nyah Project cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:

(a) the operation of the internet and the world wide web, including but not limited to viruses;

(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;

(d) updated browser issues.

9. Warranties

9.1 Nyah Project will provide the Course Materials in accordance with the Online Course description, which is set out on the Website and/or in any relevant Brochure.

9.2 Nyah Project expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. Nyah Project does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure).

9.3 Nyah Project does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.

9.4 Nyah Project does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.

9.5 All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

10. Limitation of liability

10.1 The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

10.2 Except as set out in the Online Terms, Nyah Project shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:

(a) indirect or consequential losses;

(b) loss of income or revenue;

(d) loss of anticipated savings; or

(e) loss or corruption of data.

10.3 Nyah Project is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.

10.4 Save as otherwise set out in this section “Limitation of liability”, Nyah Project’s maximum aggregate liability to you for any claims that you may have against Nyah Project for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.

10.5 Nyah Project will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond Nyah Project’s reasonable control. This condition does not affect your statutory rights.

10.6 Each provision in this Clause 10 shall be construed separately as between you and Nyah Project. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

11. Disclaimer

The Online Courses are for training purposes only. Nyah Project will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.

12 Intellectual Property

12.1 At all times, Nyah Project and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of Nyah Project.

12.2 In consideration of receipt by Nyah Project of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first instalment of the Course Fee (if you have chosen to pay for the Online Course in instalments), Nyah Project grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual student only.

12.3 Save as expressly set out in the Online Terms or as otherwise agreed by Nyah Project pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either Nyah Project’s copyright or Nyah Project’s other intellectual property rights, and/or the copyright or other intellectual property rights of Nyah Project’s licensors.

13. Data Protection

13.1 Nyah Project will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and its privacy policy. You consent to the use by Nyah Project of such information in accordance with Nyah Project’s privacy policy.

13.2 In the event that you do not wish to receive marketing correspondence from Nyah Project, a written request or email should be sent to the contact details set out in Clause 19.

14. Changes by Us

14.1 An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.

15. Inconsistency of Terms

15.1 If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;

1. the Additional Online Terms and Conditions;

2. the Terms and Conditions of Online Courses; and

3. the Terms and Conditions of Website Use.

16. General

16.1 Nyah Project reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.

16.2 Nyah Project may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.

16.3 You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by Nyah Project pursuant to Additional Online Terms and Conditions.

16.4 Nyah Project may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.

16.5 No failure or delay by Nyah Project in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Nyah Project in writing.

16.6 If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.

16.7 Any notices required to be served on you by Nyah Project under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to Nyah Project, respectively. Any notices required to be served on Nyah Project by you will be deemed properly served if sent by email or post to the address set out in Clause 19.

16.8 A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.

16.9 The Contract between you and Nyah Project will be concluded in English only.

16.10 The Contract between you and Nyah Project is not intended to be for the benefit of any third party, and shall not be exercised by any other person under applicable laws.

16.11 The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with the Online Terms.

17. Contact us

We can be contacted my the methods set out on our website: www.nyahproject.org/contactus