*This T&Cs page was last updated on Oct 15, 2024.
- Introduction
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF INCREASE WELL PRODUCTION LIMITED (“OUR”, “WE”, “COMPANY” OR “INCREASE WELL PRODUCTION” OR “IWP”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE “PURCHASE” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- Privacy
Any personal information submitted in connection with Your use of the Products or the Site is subject to Our Privacy Policy located in our Privacy Policy page.
- General
The Products enable Users to connect with independent contractor publishers (the “Publishers”) who provide live and/or recorded instruction, tutoring, and learning services in our online training (“Courses”). The Products include, without limitation, facilitating and hosting courses, the courses and supporting materials, and taking feedback from users. Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective immediately after posting. Your continued use of Products after change become effective shall mean that you accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. The Company may modify the Products or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
As a student, if you elect to access or use Products/Courses that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due. Unless otherwise stated, all fees are quoted in Euro. If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
- General Disclaimer
The Site is a marketplace and content distribution for publishers and users. We do not hire or employ publishers nor are We responsible or liable for any interactions involved between the publishers and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of publishers or Users, including, but not limited to, any User’s reliance upon any information provided by a publisher or user of the portal. Content generated by readers, users, publishers, do not reflect the views and opinions of Increase Well Production. All content are subject to editorial review. Off-topic, inappropriate or insulting comments will be removed upon discovery.
We may, at our own discretion, edit or delete content such as profile fields, course descriptions and posts as we see fit, but we are not required to control Submitted Content (as defined below) posted on the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Company has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content.
The Site and Products may give You access to links to third-party Websites (“Third Party Sites”), either directly, through posts, comments or through Courses or publishers. The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
- Conduct
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form publishers or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any publishers or other Users of the Products.
- Specific Obligations of Users using the Site
If You are a User, You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- If You are under the age of 18, You have obtained parental or legal guardian consent before using the Site, contacting a publisher, or registering for a Course.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant publisher as applicable;
- You will not disclose any personal information to a publisher, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any publisher or other User.
- Registration
To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.
- Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User or publisher is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Publishers may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms
If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company via the Contact form.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
Each license for course is individual and once activated it’s non-transferable and non-sharable. For online courses, once license is activated that user has 12 months to access the content and earn a completion certificate upon successful completion of course(s) requirement(s).
8.1- Pricing for Paid Courses
You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. For one off courses we will charge the amount immediately upon purchase. For subscription courses, we will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge at 3% per month, or the maximum permitted by law, whichever is greater.
8.2- Refunds
For online courses, Increase Well Production offers Users a thirty (30)-day, no-questions-asked money back guarantee on Courses that no more than 30% of the course was taken. If you, as a User, have completed 30% or less of the course and are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid (minus any transaction fees charged by the credit card or bank) and un-enroll you from the course. To request a refund, please contact us via our support email. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.
- Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
- Warranty Disclaimer
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
- Limitation of Liability
NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE.
- Indemnification
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
- Termination
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time. You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us via the Contact form. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and all representations and warranties shall survive termination.
- Miscellaneous
14.1. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
14.2. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
14.3. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
14.4. Notice. Any notice or other communication to be given hereunder will be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail.
14.5. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
14.6. These Terms and Your use of the Site and the Products shall be governed by the substantive laws of Ireland without reference to its choice or conflicts of law principles.
15- Privacy Policy
Please see our Privacy Policy page.
16- Copyright Policy
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property
Infringements
Increase Well Production, respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our publishers, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
Increase Well Production’s intellectual property policy is to (a) remove material that Increase Well Production believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by “repeat infringers.” Increase Well Production considers a “repeat infringer” to be any User that has uploaded Submitted Content to the Site and for whom Increase Well Production has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. Increase Well Production has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Increase Well Production’s own determination.
Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes intellectual property right that you yourself own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below or directly to the publisher. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Increase Well Production to locate the material;
- Information reasonably sufficient to permit Increase Well Production to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information: Increase Well Production’s Designated Agent for notices of claimed infringement can be contacted via the Contact form.
Counter Notification.
If you receive a notification from Increase Well Production that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Increase Well Production with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Company’s Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Increase Well Production] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. 512(f).
Increase Well Production reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent via the Contact form. Any other comments, compliments, complaints or suggestions about Increase Well Production, the operation of the Site or any other matter should be sent using the Contact form.
We welcome your comments or questions. If you would like to contact Increase Well Production you can use the Contact form.
