Terms & Conditions

This agreement is binding the parties signing and registering with Scholarly.MT. Access to the online materials provided by Scholarly.mt is through our e-learning site. Please read carefully the following terms and conditions before accessing this site or using a module. By accessing the site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the hereunder conditions and regulations imposed in this agreement. If you do not agree to these terms, you may not access the site and it shall be the users responsibility if such users persist.

 

By using this service provided by Scholarly, you agree that you have read, understood and agree to these terms. You also shall be responsible to review this agreement periodically to be aware of any modifications to this agreement, which modifications Scholarly may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

 

Please read the following Terms and Conditions. 

1. General

1.1 Scholarly reserves the right to change any content used at any time according to the needs deemed fit by Scholarly.

1.2 Customers who fail to complete the e-learning module in the time available will not be eligible for a refund.

1.3 Customers will receive an electronic notification prior to the course end date.

1.4 All rights not expressly granted herein are reserved.

1.5 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Malta and under the jurisdiction of The  Courts of Malta. If there is any sort of grievance or complaint, Scholarly is requesting such users to file an official complaint online on the system before one can proceed otherwise.

1.6 If you do not agree with these Terms and Conditions you must cease the module immediately and notify Scholarly of your intent. 

2. Financial 

2.1 Scholarly e-Learning quotes prices and fees after which an invoice is issued in Euros (EUR). The client must pay in the currency shown on the invoice.

 

2.2 Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.

 

2.3 Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country's tax regulations.

 

2.4 By signing our purchase agreement, you are agreeing to our payment terms.

 

2.5 Scholarly will raise an invoice for the module fees and any certification / exam fees before the start of the training. The client must make payment immediately.

 

2.6 Scholarly prefers to receive payments electronically. Our bank details are noted on our invoices.

 

2.7 Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Each license is valid to one person only and cannot be exchanged or shared with anybody else. Scholarly reserves the right to stop such user who is in default.

 

2.8 Scholarly reserves the right to review the pricing and take appropriate action when changes to module specification occur beyond our control. 

2.9 All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.

 

2.10 Late payment may incur penalty charges including the removal of any discounts.

2.11 Modules shall be handed over by Scholarly after all verifications has been done.

 

3. Cancellation Policy

3.1 All cancellations must be received in writing.

 

3.2 If a customer cannot access the module online via www.scholarly.mt because they fail to meet the required system requirements, then Scholarly will not take responsibility or give a refund to the purchaser. It is the customer’s responsibility to test their system for any compatibility issues prior to signing the purchase agreement.
 

 

3.3 The start date of all access is deemed to be the date that the customer first has access to the e learning modules. Scholarly will make one attempt to warn the customer when this access period has ended. After this attempt Scholarly can no longer guarantee access to the course or that certification will be possible.

4. Refunds

4.1 Once purchase agreement is returned you will be given automatic access to the online materials for e-learning, no refund is available after you have accessed the e-learning portal.

 

4.2 No refund is given where a delegate does not complete the course or submit an assessment.

 

4.3 No refund is given where a customer does not use the full number of licenses stipulated in the purchase agreement.

5. e-Learning Materials

5.1 The training material is property of Scholarly.

5.2 This training material has been prepared, maintained, updated and distributed by Scholarly

5.3 The use of the training material on our modules is restricted to the Registered User who has been supplied with the log in details by Scholarly.

5.4 The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Scholarly other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.

5.5 The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.

5.6 The materials made available by Scholarly are provided "as-is" without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.

5.7 Scholarly does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User's responsibility.

5.8 Scholarly may make improvements, or changes, to this material at any time without prior notification.

5.9 All rights not expressly granted herein are reserved.

5.10 These Terms and Conditions shall be governed by and construed in accordance with the laws of The Republic of Malta.

5.11 If you do not agree with these Terms and Conditions you must cease to use the e-learning immediately.

6. Access to the modules

6.1 Scholarly strives to provide uninterrupted e learning module content to its customers. To that end, Scholarly will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its customers. However, from time to time, customers may be unable to Access the courses due to conditions beyond Scholarly's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its customers, Scholarly will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

6.2 Scholarly endeavours to provide the highest quality content to its customers. To that end, Scholarly reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this module in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this module. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the Scholarly site.

6.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site and module.

6.4 Scholarly shall make reasonable efforts to provide technical support Monday to Friday between the hours of 9am – 5pm excluding statutory holidays.

7. Third Party Content; Hyperlinks

7.1 Scholarly makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Scholarly does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

7.3 Scholarly or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Scholarly.

7.4 Except as expressly stated on the Site or in these Terms, no material on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of www.scholarly.mt, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Scholarly’s intellectual property.

7.5 Scholarly shall not be responsible for any third parties requirements, material or content.

8. Disclaimers and Limitation of Liability

8.1 Users access this site at his/her/its own risk. The site is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed. Scholarly does not warrant any particular result from use of the software or site. Scholarly does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.

8.2 Under no circumstances and under no legal theory (tort, contract or otherwise) shall Scholarly or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.

8.3 Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Scholarly received from students for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

8.4 In no event will Scholarly be liable for any damages in excess of the amount Scholarly received from the customer for access to a module, even if Scholarly has been informed of the possibility of such damages, or for any claim by any other party.

8.5 In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.

8.6 This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Scholarly, computer virus or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means. Scholarly is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.

 

9. The Agreement

When you commit to the purchase of Scholarly e-learning products you agree to be bound by these Terms and Conditions. You agree to use the e learning material for your own personal learning and not to reproduce, sell, hire or copy Module materials (in whole or in part) and not to use such materials except for personal reference.

Access will be given to the online materials from purchase order received for a fixed registration period (usually 3 months unless a different period is indicated on your receipt). After this period you may apply to have access extended provided a satisfactory reason is given. We reserve the right to refuse access after the initial period at our sole discretion.

10. General clause

The users can involve themselves in an online community which Scholarly will manage, where users can discuss topics and opinions, links and other useful material. If users do not abide by the directions of Scholarly on such communities, then such users can be held responsible and may be deemed as defaulted such terms and conditions.
 
The users may not discuss anything which is not related to the topics by Scholarly.