Terms and Conditions
This agreement applies as between you, the User of this Website
and Xcellimark, LLC, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses
1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer
is deemed to occur upon Our sending a confirmation email to you indicating that your order has been
1. Definitions and Interpretation
In this Agreement the following terms shall have the following
Account: means collectively the personal
information, Payment Information and credentials used by Users to access Paid Content and / or any
communications System on the Website;
Content: means any text, graphics, images,
audio, video, software, data compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Website;
Facilities: means collectively any online
facilities, tools, services or information that Xcellimark, LLC makes available through the Website
either now or in the future;
Services: means the services available to
you through this Website, specifically use of the Xcellimark proprietary e-learning platform;
Payment Information: means any details
required for the purchase of Services from this Website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business
located at 121 S. Orange Ave. Suite 1503, Orlando, FL 32801;
System: means any online communications
infrastructure that Xcellimark, LLC makes available through the Website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live chat facilities and email
User / Users: means any third party that
accesses the Website and is not employed by Xcellimark, LLC and acting in the course of their
Website: means the website that you are
currently using (training.xcellimark.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
We/Us/Our: means Xcellimark, LLC, a company
incorporated with the Registrar of Companies for Xcellimark.
2. Age Restrictions
Persons under the age of 18 should use this Website only with
the supervision of an Adult. Payment Information must be provided by or with the permission of an
3. Business Customers
These Terms and Conditions also apply to customers procuring
Services in the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these
Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations,
page layout, underlying code and software is the property of Xcellimark, LLC, Our affiliates or
other relevant third parties. By continuing to use the Website you acknowledge that such material is
protected by applicable United Kingdom and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce,
copy, distribute, store or in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product
images and descriptions belong to the manufacturers or distributors of such products as may be
- 5.2 Subject to Clause 6 you may not reproduce,
copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on
the Website or unless given express written permission to do so by the relevant manufacturer or
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of
the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly
stated, these sites are not under the control of Xcellimark, LLC or that of Our affiliates. We assume no
responsibility for the content of such websites and disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to another site on this Website does not
imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites
may do so only to the home page of the site training.xcellimark.com without Our prior permission. Deep
linking (i.e. links to specific pages within the site) requires Our express written permission. To find
out more please contact Us by email at training@Xcellimark.com or call us in the following number: 407-678-3062
9. Use of Communications Facilities
9.1 When using any System on the Website you should do so in accordance with the following
rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be
unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and
representatives of Xcellimark, LLC or Our affiliates; and
9.1.7 You must not use Our System for unauthorised mass-communication such as "spam"
or "junk mail".
- 9.2 You acknowledge that Xcellimark, LLC reserves
the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Xcellimark, LLC may
retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send
to Us through Our System may be modified by Us in any way and you hereby waive your moral right to
be identified as the author of such information. Any restrictions you may wish to place upon Our use
of such information must be communicated to Us in advance and We reserve the right to reject such
terms and associated information.
10.1 In order to procure Services on this Website and to use certain other parts of the
System, you are required to create an Account which will contain certain personal details and
Payment Information which may vary based upon your use of the Website as We may not require payment
information until you wish to make a purchase. By continuing to use this Website you represent and
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be
10.1.3 you will keep this information accurate and up-to-date. Your creation of an
Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your
Account details, particularly your username and password. We accept no liability for any losses or
damages incurred as a result of your Account details being shared by you. If you use a shared
computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your
Account details have been obtained by another person without consent, you should contact Us
immediately to suspend your Account and cancel any unauthorised orders or payments that may be
pending. Please be aware that orders or payments can only be cancelled up until provision of
Services has commenced. In the event that an unauthorised provision commences prior to your
notifying Us of the unauthorised nature of the order or payment then you shall be charged for the
period from the commencement of the provision of services until the date you notified us and may be
charged for a billing cycle of one month.
- 10.4 When choosing your username you are required
to adhere to the terms set out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either Xcellimark, LLC or you may terminate
your Account. If We terminate your Account, you will be notified by email and an explanation for the
termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate
without giving reasons.
- 11.2 If We terminate your Account, any current or
pending orders or payments on your Account will be cancelled and provision of Services will not
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure
that all general descriptions of Services available from Xcellimark, LLC correspond to the actual
Services that will be provided to you, We are not responsible for any variations from these
descriptions as the exact nature of the Services may vary depending on your individual requirements
and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part
and refers only to variations of the correct Services, not different Services altogether. Please
refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to
select the required Plan of Services.
- 12.3 We neither represent nor warrant that such
Services will be available at all times and cannot necessarily confirm availability until confirming
your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is
correct at the time of going online. We reserve the right to change prices and alter or remove any
special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during
the period between an order being placed for Services and Us processing that order and taking
payment, then the price that was valid at the time of the order shall be used.
- 12.6 All prices on the Website do not include VAT.
In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof,
Xcellimark, LLC is not yet liable for VAT and therefore not VAT registered and does not possess a
13. Orders and Provision of Services
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or
Services you order from Xcellimark, LLC. If you need to speak to us about your Order, then please
contact customer care on 407-678-3061, or by email at firstname.lastname@example.org or write to us at our
address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If
any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation
policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the
European Union, you have a statutory right to a “cooling off” period. This period begins once your
order is confirmed and the contract between Xcellimark, LLC and you is formed and ends at the end of
14 calendar days after that date. If you change your mind about the Services within this period and
wish to cancel your order, please inform Us immediately using the following email: email@example.com. Your right to cancel during the
cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the
Services are to begin within the cooling off period you are required to make an express request to
that effect. By requesting that the Services begin within the 14 calendar day cooling off period you
acknowledge and agree to the following:
14.2.1 If the Services are fully performed within the 14 calendar day cooling off
period, you will lose your right to cancel after the Services are complete.
14.2.2 If you cancel the Services after provision has begun but is not yet complete
you will still be required to pay for the Services supplied up until the point at which you
inform Us that you wish to cancel. The amount due shall be calculated in proportion to the
full price of the Services and the actual Services already provided. Any sums that have
already been paid for the Services shall be refunded subject to deductions calculated in
accordance with the foregoing. Refunds, where applicable, will be issued within 5 working
days and in any event no later than 14 calendar days after you inform Us that you wish to
- 14.3 Cancellation of Services after the 14
calendar day cooling off period has elapsed shall be subject to the specific terms governing those
Services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data
- 16.1 All personal information that We may collect
(including, but not limited to, your name and address) will be collected, used and held in
accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may request
that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example,
you wish to purchase Services on credit), and with your consent, We may pass your personal
information on to credit reference agencies. These agencies are also bound by the Data Protection
Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information
to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that
the Website will meet your requirements, that it will be of satisfactory quality, that it will be
fit for a particular purpose, that it will not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to
constitute advice and the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to
constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure
that the Website is secure and free of errors, viruses and other malware, you are strongly advised
to take responsibility for your own internet security, that of your personal details and your
18. Changes to the Facilities and these Terms and
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions
from the first time you use the Website following the changes. If We are required to make any changes to
these Terms and Conditions by law, these changes will apply automatically to any orders currently
pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as
available” basis. Xcellimark uses industry best practices to provide a high uptime, including a
fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or
Facilities will be free of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or
non-availability of the Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We
accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including
any indirect, consequential, special or exemplary damages arising from the use of the Website or any
information contained therein. You should be aware that you use the Website and its Content at your
- 20.2 Nothing in these Terms and Conditions
excludes or restricts Xcellimark, LLC's liability for death or personal injury resulting from any
negligence or fraud on the part of Xcellimark, LLC.
- 20.3 Nothing in these Terms and Conditions
excludes or restricts Xcellimark, LLC's liability for any direct or indirect loss or damage arising
out of the incorrect provision of Services or out of reliance on incorrect information included on
- 20.4 In the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability of the remaining
Terms and Conditions. This term shall apply only within jurisdictions where a particular term is
21. No Waiver
In the event that any party to these Terms and Conditions fails
to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement created by these Terms and Conditions is between you and Xcellimark, LLC.
- 24.1 All notices / communications shall be given
to Us either by post to Our Premises (see address above) or by email to firstname.lastname@example.org. Such
notice will be deemed received 3 days after posting if sent by first class post, the day of sending
if the email is received in full on a business day and on the next business day if the email is sent
on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to
receive it, send you information about Our products and/or services. If you do not wish to receive
such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.