FocusBand Learning

• Terms and Conditions of use

This is a contract with T 2 Green Pty Ltd, whose registered office is at 8 Anna Louise Terrace, Windaroo 4207 Australia, henceforth referred to as "FocusBand Digital Learning System". Please carefully read the following terms before accessing this site or using a course. By accessing the site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site.

By using this service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications https://focusband-training.thinkific.com may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

1) General

• 1.2) FocusBand Digital Learning System reserve the right to change the content used at any time.
• 1.3) Trainees who fail to complete the e-learning course in the time available will not be eligible for a refund.
• 1.4) Students will receive an electronic notification 1 month prior to the course end date.
• 1.5) All rights not expressly granted herein are reserved.
• 1.6) These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia.
• 1.7) If you do not agree with these Terms and Conditions you must cease the course immediately and notify FocusBand Digital Learning System of your intent not to continue

2) Financial

• 2.2) FocusBand Digital Learning System quotes prices and issues invoices US dollars (USD) only. The client must pay in the currency shown on the invoice.
• 2.3) Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
• 2.4) 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.
• 2.5) The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials.
• 2.6) With purchase orders FocusBand Digital Learning System will raise an invoice for the course fees and any certification / exam fees before the start of the training. In the case of PO's the client must pay any invoice within 30 days of the date on the invoice.
• 2.7) Online payment is the preferred method of payment. Recognised credit cards are Visa/Mastercard/Maestro.
• 2.8) 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.
• 2.9) FocusBand Digital Learning System reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
• 2.10) All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
• 2.11) Late payment may incur penalty charges including removal of any discounts.
• 2.12) FocusBand Digital Learning System reserves the right to charge interest on late payments of invoices at a rate of 8% above the Bank of England's base rate.

3) Cancellation Policy

• 3.2) All cancellations must be received in writing.
• 3.3) If a student cannot access the course online via www.https://focusband-training.thinkific.com because they fail to meet the required system requirements given on the website, then FocusBand Digital Learning System will not take responsibility or give a refund to the purchaser.
• 3.4) The start date of all memberships and access is deemed to be the date that the student first has access to the self-study materials. FocusBand Digital Learning System will make one attempt to warn the student when this access/ membership period has ended. After this attempt FocusBand Digital Learning System can no longer guarantee access to the course or that certification will be possible.

4) FocusBand Digital Learning System Materials

• 4.2) The training material is property of FocusBand Digital Learning System.
• 4.3) This training material has been prepared, maintained, updated and distributed by FocusBand Digital Learning System
• 4.4) The use of the training material on our courses is restricted to the Registered User who has been supplied with the log in details by a Training Services Provider as part of an authorised course.
• 4.5) The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by FocusBand Digital Learning System other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
• 4.6) The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
• 4.7) The materials made available by FocusBand Digital Learning System 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.
• 4.8) FocusBand Digital Learning System 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.
• 4.9) FocusBand Digital Learning System may make improvements, or changes, to this material at any time without prior notification.
• 4.10) "The Open Group", TOGAF are trademarks of The Open Group in the US and other countries. All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
• 4.11) All rights not expressly granted herein are reserved.
• 4.12) These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia.
• 4.13) If you do not agree with these Terms and Conditions you must cease to use the e-learning immediately.

5) TOGAF Specific Terms and Conditions

• 5.2) FocusBand Digital Learning System will only submit a FocusBand certification request on behalf of a trainee who has satisfactorily completed a certification training course if the trainee has provided the required personal information and paid the certification fee in advance.
• 5.3) Without exception, FocusBand Digital Learning System will only provide FocusBand 9 vouchers once payment for these have been received.
• 5.4) The examination voucher will be valid for a period up to 12 months.
• 5.5) Once issued and used for booking an exam, examination vouchers are non-refundable.
• 5.6) Exam Vouchers are owned by Prometric and thus adhere to their own Terms and conditions.

6) Access to the courses

• 6.2) FocusBand Digital Learning System strives to provide the course content to its Students on a continuous basis. To that end, FocusBand Digital Learning System will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its Students. However, from time to time, students may be unable to Access the courses due to conditions beyond FocusBand Digital Learning System'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 Students, FocusBand Digital Learning System 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.
• 6.3) FocusBand Digital Learning System endeavours to provide the highest quality content to its Students. To that end, FocusBand Digital Learning System reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
• 6.4) 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.

7) Third Party Content; Hyperlinks

• 7.2) https://focusband-training.thinkific.com 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, https://focusband-training.thinkific.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
• 7.3) Copyrights, Trademarks and Other Proprietary Rights.
• 7.4) FocusBand Digital Learning System 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 FocusBand Digital Learning System.
• 7.5) 8.2 Except as expressly stated on the Site or in these Terms, nothing that You read or see 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 https://focusband-training.thinkific.com, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of FocusBand Digital Learning System intellectual property.

8) Disclaimers and Limitation of Liability

• 8.2) 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. FocusBand Digital Learning System does not warrant any particular result from use of the software or site. FocusBand Digital Learning System 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.
• 8.3) Under no circumstances and under no legal theory (tort, contract or otherwise) shall FocusBand Digital Learning System 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.
• 8.4) 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 FocusBand Digital Learning System 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.
• 8.5) In no event will FocusBand Digital Learning System be liable for any damages in excess of the amount FocusBand Digital Learning System received from the student for access to a course, even if FocusBand Digital Learning System have been informed of the possibility of such damages, or for any claim by any other party.
• 8.6) In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
• 8.7) This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of FocusBand Digital Learning System, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. FocusBand Digital Learning System is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.