Terms Of Use

 

1. Who we are

Welcome to Kajabi (the Service), operated by Blue Nimbus Services Limited (Provider, we, our, us). We are a company in trade registered in United Kingdom under company number 14072906 and with our registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. We trade under the name The Cloud Career Mentor. You can contact us on n/a and at [email protected].  

2. Agreement to terms

If you purchase any of our courses or related material you will need to accept or you will be taken to have accepted these terms of use (Terms) prior to purchasing. That creates a contract between us and you. Please read these Terms before purchasing any of our courses and print a copy of them for your records.

If you are using the Service on behalf of a business, government agency or other legal entity (each a Business), you are accepting these Terms on behalf of that Business, you represent and warrant to us that you are authorised to do so, and the contract will be between us and the Business.

3. Our courses and prices

A description of each course we provide and its corresponding price can be found on the pre-sale web page that explains the course. It is your responsibility to review that page and to decide whether the course will or is likely to meet your needs.

We reserve the right to vary our available courses without notice. This includes amending the content of currently available courses. However, unless by required by law to do so, we will not remove a course you have paid for unless you have had a reasonable opportunity (of at least 30 days) since the date of purchase to take the course.

4. Online account and access credentials

You may need to register for an account to purchase and/or access one of our courses (which involves obtaining a logon comprising a username and password). Your registration details must be accurate. Fictitious entries are not permitted.

You are responsible for selecting a secret and strong password and for maintaining the security of your username and password. You must change your password immediately, and notify us, if you believe the secrecy of your password has been compromised, or you become aware of any unauthorised use of your username or password.

Your logon is personal to you. You are not permitted to share it with anyone else.

Your logon may be suspended or disabled if we consider it necessary to protect the security of our Service or any person, or if you breach these Terms.

5. Immediate performance and loss of right to withdraw

This clause applies to you if you're a consumer. You're a consumer if you're an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession. In agreeing to these Terms when purchasing a course, you consent to immediate performance of the contract and acknowledge that you will lose the right of withdrawal from the contract once the download or streaming of the online course or associated materials has begun. This clause does not affect any rights we may give you under our separate refund policy.

6. Intellectual property rights

Ownership of intellectual property rights – Unless otherwise indicated, the intellectual property rights in all course-related materials we provide, including all course content, associated materials, and other media (together Materials), are owned by us or our licensors. Subject to the licence set out below, all rights in the Materials are reserved.

Licence – Once you have paid any applicable fees, we grant you a limited, non-transferable, revocable and non-exclusive licence to stream and view the course video content and any webinar content, and to download and use any associated media files that we make available for download, in each case for your own personal purposes (if you are a consumer) or your internal business purposes (if you are a business).

Prohibitions – You are not permitted to:

• copy, modify, publish, sublicense, sell, upload, broadcast, post, publicly perform, transmit or distribute any of the Materials without our prior written consent;
• record any of our video or audio content on any media by any means or use any third party conversion tool or software to convert or make our video or audio content into downloadable files;
• use any web-based technology or any application on your electronic devices to stream or otherwise show our Material to other people;
• use our Materials to create or facilitate the creation of, or as part of, a competing product or service; or
• remove any copyright or other notice that we place on the Materials.

Licence termination – The licence above will terminate automatically if you breach these Terms, if we terminate the contract that these Terms form, or if you are granted a refund of the fees you have paid.

7. Acceptable use

You may only use the Service for lawful purposes. You must not post or transmit to or from this or any associated website, or any social media account we operate in connection with the Service, any material that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

8. Disclaimers

No professional advice – Our course materials and other material you may access through the course or on this site (together, Materials) are provided to you for general informational purposes only. We are not providing you with professional advice of any kind. Reasonable efforts are made to ensure the Materials are accurate, but we do not guarantee, represent or warrant the accuracy, completeness or currency of any information provided, or that you will obtain any particular results. You use the Materials at your own risk. Customers requiring professional advice should seek their own advice from an appropriately qualified advisor.

Third party technology platforms – You acknowledge that we may use third party technology providers to host our website or provide our course content and other materials. While we endeavour to use reputable providers, you agree that – to the maximum extent permitted by law – we will not be liable for the consequences (as further explained below) of any of those technology providers suffering downtime or other problems.

9. Limitation of liability

To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are excluded (the Warranty Exclusion). You agree that, to the maximum extent permitted by applicable law, we will not be liable to you for any claim, loss, demand, damages, costs or expenses of any kind (including for negligence) (together, Excluded Claims and Loss) that you may suffer or incur as a result of or in connection with:

• your use of the information or other material in, provided with, or linked to from, our courses or this website;
• a third party technology provider suffering downtime or other problems.

You accept that this means, among other things, that you will not be able to make or bring any claim against us for any kind of damages, whether direct, indirect, consequential, special, punitive or otherwise.

If you have rights and remedies under applicable consumer protection or fair trading laws that cannot be limited or contracted out of, the Warranty Exclusion and the Excluded Claims and Loss will not apply to the extent that they would conflict with those particular rights and remedies (but will otherwise apply in accordance with their terms). 

If, under applicable consumer protection or fair trading laws, our liability can be limited but not completely excluded, then our liability to you will be limited to the value of the price(s) you have paid for the course(s) you have purchased access to.

10. Indemnity

You agree to indemnify us and keep us indemnified against all liabilities, damages, losses, costs and expenses (including full legal expenses) suffered or incurred by us and arising as a result of any breach by you of these Terms.

11. Privacy

Our privacy statement explains how we handle any personal information you may provide through your use of the Service. In agreeing to these Terms, you also agree to the terms of that privacy statement.

12. Refunds

We believe in and stand behind our courses, but we understand they may not be perfect for everyone all of the time. You may request a refund of the fees for a course within 14 days of paying for the course (the Refund Period) if you are not satisfied with it. If you would like to request a refund, please contact us at [email protected]. We will not accept requests for refunds after expiry of the Refund Period. If we refund the fees, then the licence referred to earlier in these terms is revoked, you must cease using the course materials from the date of refund, and you must destroy any course-related downloads in your possession.

13. General

Invalid clauses – If any provision or part of these Terms or its application to any person or circumstances is, to any extent, held to be invalid, illegal or unenforceable by any court of competent jurisdiction:

• the provision or part will be deemed to be amended for customers in that jurisdiction by the addition or deletion of wording necessary to remove the invalid, illegal or unenforceable provision or part, and all other terms will remain in effect; and
• the provision or part will remain effective, without amendment, in all other jurisdictions.

Amendments – We may amend these terms of use and our privacy statement at any time. Any such amendments will take effect once notified on this website or by email to you. You agree that:

• from the effective date stated in the notice to you (on this website or by email), you will be bound by the terms or statement as amended; and
• notice on this website is sufficient notice to you.

Complaints procedure – If you have a complaint in relation to the Service or the application of these Terms, please contact us at [email protected] and, if we consider it has merit, we will endeavour to resolve it for you. You must give us a reasonable opportunity (of at least 30 days in duration) to resolve your complaint before pursuing any claim or other action in any court.

Law and jurisdiction – These Terms are governed by and to be construed in accordance with the laws of United Kingdom. You agree to submit to the exclusive jurisdiction of the courts of United Kingdom in relation to any dispute or other matter concerning these Terms, the formation of the contract they create with you, or your use of the Service. This clause does not limit the Provider’s ability to seek interim or interlocutory relief in any relevant jurisdiction.

No class or similar actions or proceedings – To the extent that you have or assert a claim or cause of action against us in connection with the Service or under or in connection with these Terms or their formation, you agree that you will only pursue it on an individual basis. You agree that class, consolidated and representative actions and proceedings are not permitted, you waive any rights you may otherwise have had to bring or participate in such actions or proceedings, and you will not seek to assert otherwise in any claims, actions or proceedings.

 

14. The copyright statements

Copyright ©. Blue Nimbus Services Limited. 2023. All rights reserved. You may not copy, distribute, recite, perform, communicate, adapt, translate or sell any of our copyright materials, or do anything else that would infringe the copyright in them, unless we authorise you in writing to do so.

 

15. Disclaimer

The course materials for The Cloud Career Accelerator Program and other information you may access through or in connection with the courses or on this site (together, Materials) are provided to you for general informational purposes only. We are not providing you with professional advice of any kind.  Reasonable efforts are made to ensure the Materials are accurate, but we do not guarantee, represent or warrant the accuracy, completeness or currency of any information provided, or that you will obtain any particular results. Results may vary. Customers requiring professional advice should seek their own advice from an appropriately qualified advisor.

 

16. Privacy Statement

Effective date: 01/01/2023

What this statement does     

This statement explains how we handle your personal information when you sign up to our newsletter email list, sign up to a webinar, seek access to a free download or similar offering, enrol in one of our courses, or otherwise interact with us in relation to our courses or other services. When we use the terms:

• personal information, we mean information about identified or identifiable individuals (some countries call it "personal data"); and
• we, us or our, we are referring to Blue Nimbus Services Limited with company number 14072906 and registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. You should also familiarise yourself with our Terms of Use.

The personal information we collect and how we collect it      

When you sign up to our newsletter email list, for a webinar, or for a free download or similar offering

If you sign up to our newsletter email list or for a webinar, or if you wish to access a free download or similar offering, we will collect your email address. In some of these situations we may also ask for your name and where you’re from.

When you enrol in a course

When you enrol in a course, we will ask you to enter some or all of your name, address, email address, and phone number.

If you need to pay a fee to enrol in a course, you will also be asked to provide your credit card information. However, the online course platform we use for our course (Kajabi) processes the payment. We do not obtain or store your credit card information.

When you interact with us in relation to a course or other service

You may also choose to provide additional personal information to us in connection with a course you wish to take or are taking or in relation to another service we provide. For example, you might provide additional information about yourself when asking questions about a course or when providing feedback on a course or this site.

Children and our services

If you are a child under 13 years of age, you are not permitted to provide any personal information to us and you are not permitted to enrol in any of our courses. If you are 13 years old or older, you must also be old enough to consent to the processing of your personal information in the country where you live before providing any personal information to us. If we find that we hold information about any child under the applicable age referred to in this paragraph, we will delete it.

Why we collect personal information     

Newsletter email list, webinars, and free downloads or similar offerings

If you sign up to our newsletter email list, we will use your email address for the purpose of sending you news items of general interest and/or commercial messages about our courses, other services we may offer, and related matters.

If you sign up for a webinar, we will use your email address to communicate with you in connection with the webinar.

If you sign up for a free download or similar offering (Free Offer), we will use your email address to provide you with the Free Offer or communicate with you in connection with the Free Offer.

If, when signing up for a webinar or requesting a Free Offer, you agree to be added to our newsletter email list, we will add you to that list, and in that context we will use your email address for the purpose of sending you news items of general interest and/or commercial messages about our courses, other services we may offer, and related matters.

You can unsubscribe from our newsletter email list at any time by contacting us or clicking the unsubscribe link in a relevant email you receive.

Course enrolment

When you enrol in a course, we collect the personal information described above to enable us to identify you, to enrol you in the course, to administer the course, to answer any questions you may have, and to contact you in relation to the course and your compliance with our terms of use. We may also email you about other courses and services we offer. You can unsubscribe from our newsletter email list at any time by contacting us or clicking the unsubscribe link in a relevant email you receive.

Interactions in relation to a course or other service

If you provide other personal information when interacting with us in relation to a course of other service, we will only use that personal information in connection with the purposes for which you are providing it.

No sale or other distribution of your personal information

We do not, and never will, sell any of your personal information to any individual or organisation or any other kind of entity.

Basis for using / processing personal information

Webinars

The basis for our using your personal information to communicate with you in connection with any webinars you sign up for is your consent.

Free downloads or similar offerings

The basis for our using your personal information to communicate with you in connection with any Free Offer you request is your consent.

Use of email addresses in email list and for commercial messages

If we add your email address to our email list and send commercial or other messages to you as a member of that list, the basis for our doing so is your consent, in that when we collected your email address you indicated that you agreed to our adding your email address to our email list and using it in accordance with this privacy statement. You can unsubscribe from our email list at any time.

Use of personal information provided on course enrolment

The bases for our using or processing the personal information you provided when enrolling for a course are:

• our legitimate interests in obtaining the information to provide you with access to your selected course(s) (relevant to use/processing conditions set by UK and EU law and any other country with privacy laws modelled on the GDPR);
• consent, in that when you provided us with the information, you consented (expressly or impliedly) to our using it as set out in this privacy statement (relevant to use/processing conditions set by UK and EU law, Canadian law, and any other country with privacy laws modelled on the GDPR or that, like Canadian law, are consent-based); and
• our using the information in accordance with the purposes notified to you at the point of collection (relevant to use/processing conditions set by New Zealand and Australian law, and any other country with privacy laws that permit use of non-sensitive information in accordance with a purpose notified at the point of collection).

To avoid doubt, our referring above to the laws of various countries does not mean we accept they all apply to us. Rather, our goal is to act in a manner that is consistent with international privacy laws and therefore in a manner that is universally acceptable to our customers.

Who will hold the personal information 

We will hold your personal information. It will also be stored by the online course platform we use (Kajabi). If you are signed up to our email list, your email address will also be held on our behalf by the company that manages our email lists (Kajabi).

Who will see it and where it will be sent

Your personal information will be viewable by us. The information you provide when enrolling for a course, or creating an account to do so, may also be viewable by the provider of the online course platform we use (Kajabi). They will handle it in accordance with their own privacy policy, notice or statement. So far as we are concerned, it will not be viewable by anyone else and we will not share it with anyone else unless required by law to do so.

We do not intend to transfer personal information to a country (third country) other than EU member states and the UK, other than through our use of other service providers (Processors) we use to provide our courses and services that are based in a third country.

All Processors we use are listed below. Processors outside of the EU either have data protection addenda (or similar documents) in place that contain a version of the European Union’s standard contractual clauses for overseas transfers (SCCs), or are based in countries in respect of which the European Commission has granted an adequacy decision (meaning the country’s laws have an adequate level of data protection), as follows:

Processor	Role	Personal information transferred	Location	EU adequacy decision or appropriate safeguards (if not in EU)
Kajabi	online course platform	Name, Email	USA	n/a

Copies of any adequacy decision or other safeguards referred to in the table above are available on request.

Choice

You have a choice as to whether to provide any personal information to us. You can choose not to if you wish. However, if you do not provide the information we ask for, we will not be able to enrol you for or provide you with the course or other service for which we are requesting that information.

Cookies       

Cookies are small text files that are placed in your browser by the websites you visit. They are widely used to help users navigate websites efficiently, to perform certain functions on the sites and/or to provide site owners with information about how their sites are used.

We use the online platform Kajabi to provide our course. That platform may set its own cookies and use similar technologies and it may also use third party services that do likewise. To view details of cookies they set, see their cookies policy or privacy statement. You can also use a tool like cookieserve at https://www.cookieserve.com/ to check the cookies (first party and third party) that are set when you use this platform.

You can also remove or block cookies (by using settings in your browser). Doing so may affect your use of some elements of the site.

How long we'll keep your personal information      

We will keep your personal information for as long as we require it to provide our course-related services to you and to promote our services to you, after which we will securely delete it. You may, however, ask us to delete your personal information at any time. If you ask us to delete your personal information while you are taking a course, you may not be able to complete that course and so we suggest you not ask us to delete your personal information until a course is complete and you no longer wish to have access to it.

‘Do not track’                                                                     

Some country or state laws require those who collect personal information online to indicate how they respond to the so-called ‘do not track’ browser option. We do not support that option.

Your rights

You have the following rights:

Right to know: You have the right to know what we collect and what we do with your personal information. What we collect and do are described in this privacy statement. You may also ask us at any time. We will only use your information for another purpose or share it with others in a manner not described in this statement if permitted or required by law to do so.

Right to access and request correction: You have the right to access and to request correction  of the personal information we hold about you.

Right to withdraw consent: Where we are processing your personal information with your consent, you may withdraw that consent at any time. Withdrawing consent may affect your ability to continue using our services and may result in account closure.

Right to request deletion: You may ask us to delete the personal information about you that we hold. Unless a legal exception or prohibition on doing so applies, we will comply with your request.

Right to request restriction of processing: You can ask us to restrict the processing of your personal information for the reasons set out in the GDPR.

Right to object to processing: In certain situations specified in the GDPR, you may object to the processing of your personal information.

Right to data portability: You have the right to receive your personal information in portable form.

If you wish to exercise any of these rights, please contact us:

Fayomi

[email protected]

Complaints

If you are concerned about our handling of your personal information or wish to make a complaint to us, please contact us at the address above.

You may also complain about our handling of your personal information to the relevant supervisory authority in your country that has jurisdiction over our handling of your personal information (if any). 

Changes to this privacy statement

If we make any changes to this privacy statement, we will post the updated version to this site. Depending on the nature of the changes, we may also make a notification on the site and/or notify you by email.