Terms of Use
Kalanit Ben-Ari & Associate’s products and services are provided by Kalanit Ben-Ari & Associates Ldt. These Terms of Use ("Terms") govern your use of Kalanit Ben-Ari & Associate’s website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy).
Using Kalanit Ben-Ari & Associates Services
Who May Use our Services
You may use our Services only if you can form a binding contract with Kalanit Ben-Ari & Associates, and only in compliance with these Terms and all applicable laws. When you create your Kalanit Ben-Ari & Associates account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain courses may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Kalanit Ben-Ari & Associate’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Our Courses
Course Modifications
While we take pride in our world-class courses, unexpected events do occur. Kalanit Ben-Ari & Associates reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
No Academic Credit
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Kalanit Ben-Ari & Associates, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.
Your Content
User Content
The Services enable you to share your content, such as homework, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with Kalanit Ben-Ari & Associates, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
How Kalanit Ben-Ari & Associates and Others May Use User Content
To the extent that you provide User Content, you grant Kalanit Ben-Ari & Associates a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights Kalanit Ben-Ari & Associates may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Kalanit Ben-Ari & Associates does not waive any rights to use similar or related Feedback previously known to Kalanit Ben-Ari & Associates, developed by its employees or contractors, or obtained from other sources.
Security
We care about the security of our users. While we work to protect the security of your account and related information, Kalanit Ben-Ari & Associates cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing kalanit.benari @ gmail.com.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Kalanit Ben-Ari & Associates cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Kalanit Ben-Ari & Associates disclaims any responsibility or liability related to your access or use of such third party content.
Paid Services
Kalanit Ben-Ari & Associates offers paid Services for a fee. Unless otherwise stated, all fees are quoted in GBP. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Kalanit Ben-Ari & Associates reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Kalanit Ben-Ari & Associates may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Kalanit Ben-Ari & Associates, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the " Kalanit Ben-Ari & Associates Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE Kalanit Ben-Ari & Associates PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE Kalanit Ben-Ari & Associates PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE Kalanit Ben-Ari & Associates PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE v PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL Kalanit Ben-Ari & Associate’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY GBP (£20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY Kalanit Ben-Ari & Associates FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE Kalanit Ben-Ari & Associates PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO Kalanit Ben-Ari & Associate’s ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to indemnify, defend, and hold harmless the Kalanit Ben-Ari & Associates Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Kalanit Ben-Ari & Associates, which is located in London, England. You agree that any dispute related to these Terms will be governed by the laws of England, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving England as the legal forum for any such dispute.
General Terms
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Acceptable Use Policy
Kalanit Ben-Ari & Associate’s mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our partner institutions and instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of the Services.
You are prohibited from using our Services to share content that:
Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that learners who are as young as 13 use Kalanit Ben-Ari & Associates, and we do not allow content that is inappropriate for these younger learners.
Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates the Kalanit Ben-Ari & Associates Terms of Use. Please note that specific courses may have additional rules and requirements.
You also aren't allowed to:
Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user's account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Encourage or help anyone do any of the things on this list.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Copyright and Trademark Policy
Kalanit Ben-Ari & Associates respects the intellectual property rights of our instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Kalanit Ben-Ari & Associates to locate the material on the Services;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA.
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Kalanit Ben-Ari & Associates also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Kalanit Ben-Ari & Associates in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Kalanit Ben-Ari & Associates Refund Policy
Note that our policies differ for one Service to another. Please also note that we treat violations of our Terms of Use very seriously, and we have no obligation to offer refunds to learners who are found to be in violation of these terms, even if their requests are made within the designated refund period.
Kalanit Ben-Ari & Associates does not offer refunds for payments made on an online course paid by one off payment (vs. monthly subscribe payment).
For Other Paid Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Kalanit Ben-Ari & Associates has no obligation to provide refunds or vouchers for any other Services.
Third Party Marketplaces
Notwithstanding the foregoing, if you purchase or subscribe for a course, or purchase any other paid Service, through a third party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by Kalanit Ben-Ari & Associates. Except as otherwise explicitly stated by Kalanit Ben-Ari & Associates, the third party marketplace will be solely responsible for making refunds under its refund policy, and Kalanit Ben-Ari & Associates will have no refund obligations. Kalanit Ben-Ari & Associates disclaims any responsibility or liability related to any third party marketplace's refund policy or the third party's compliance or noncompliance with such policy.