Terms & Conditions

TERMS & CONDITIONS OF USE

Star Ark(the “Company”, “We”) maintains this website (the "Website") as a service to its customers, members, and the members' partners.

 

These terms and conditions (the "Terms") govern your use of the Contents of www.StarArk100.com website (the "Website").  If you proceed to use this Services you are agreeing to and will be bound as a user (the “You”, “Customer”) by the following terms and conditions (the "Agreement). We reserve the rights to change these Terms at any time and to notify you by posting notice on the website.  PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES.  Use of the Website is limited to individuals who can form legally binding contracts under applicable law, and without limiting the foregoing.

 

In addition, when using any particular service of the Website, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement.

 

1.   DEFINITION OF THE AGREEMENT

These Terms and Conditions, and all other exhibits including Star Ark Associate Member Rewards Plan applicable hereto, which may be entered into hereunder (together, this "Agreement") constitute the entire agreement between Customer and StarArk regarding the Content Services identified in the Specific Terms. The term of Agreement shall be as set forth in the Terms and Conditions of Use. This Agreement supersedes all prior communications, agreements and understandings, whether oral or written, between Customer and StarArk regarding the subject matter of this Agreement, and may only be amended in a written format in accordance with the manners stated herein.

 

No provision in addition to or in conflict with this Agreement contained in any Customer purchase order or other documents shall be binding on StarArk.

 

2.   TERM

This Agreement shall commence upon purchase of any e-learning Package and will be enforced indefinitely.

 

3.   CONTENT SERVICES

 3.1 SCOPE

These Terms and Conditions relating to the Content Services form a part of the Agreement to which they are appended, and, together with the foregoing Terms and Conditions, apply to Customer's use of the Content Services identified in this Agreement.

 3.2 LICENSE GRANT

 StarArk hereby grants Customer a non-exclusive, non-transferable, non-assignable license to use the content made available to Customer, who has received a valid ID and password required to log into the Content Service. The license is valid for 12 months usage and is required to activate within thirty(30)days of purchase.

 3.3 LICENSE RESTRICTIONS

 Customer shall not:

(a)    distribute or sublicense the Content Service or any of its portions to any third party;

(b)    modify, disassemble, translate, abridge, or otherwise created derivative work based on, decompile, reverse engineer or otherwise determine or attempt to determine or have or attempt to obtain access to, the source code or internal design of the Content Service, and its software, or any content or any other text, multimedia images (graphics, audio and video), data and other information provided by StarArk in connection with the Content Services;

(c)    remove, alter or otherwise modify any copyright or other legal notices contained in the Content Services;

(d)    knowingly transmit or distribute the Content Services, nor permit the Content Services to be downloaded for use other than as specified herein.

(e)    allow unsecured access to the Content Services;

(f)    grant or permit access to the Content Services by anyone other than an Authorized End User.

Violation of any of the License Restrictions will result in the revocation of aforementioned license and may result in the cancellation of membership by the Company.

3.4 CHANGES TO ONLINE CONTENT

 Notwithstanding anything to the contrary in this Agreement, StarArk reserves the right in its sole and absolute discretion and without notice to Customer to change the Content provided under this agreement.  Such changes will be updated and posted on the website.

 3.5 EXCHANGE RATE

 Payment will be processed in USD. Any payment made in another foreign currency which has to be converted to USD will be subject to Star Ark’s currency conversion rate on the date of payment.  Fees and charges may apply to the Exchange Services. All fees, dues and charges are subject to change at any time.  Further information on our current fees and charges is available at Star Ark’s Customer Support.  

 3.6 PAYMENT

 Payment can be settled either online and/or arranged by bank transfer accordingly.

 3.7 DELIVERY OF E-LEARNING PROGRAM

 After placing an order, Star Ark will automatically send a confirmation email along with a receipt to the Customer.  Under normal circumstances, it will take one business day to complete the order process from its designated system.

 Star Ark's e-Learning programs do not require manuals, books or exams. These self-learning programs will be digitally dispatched using a downloadable client based software, along with instructions on how to access your e-learning programs.  Each member will be equipped with an online back office that will manage the e-learning programs Activation Process.

 3.7.1 ACTIVATION EXPIRY DATE

 All e-learning programs have to be activated within a period of no more than thirty(30)days commencing from the date of purchase. Any program not activated within the timeframe will be rendered default and will no longer be available for activation and therefore no longer be available for use.

 3.8 EXCHANGE OF PURCHASE

 All e-learning programs come with a 7-day exchange warranty against dissatisfaction in Star Ark’s e-learning programs and its materials that occur during normal use. StarArk does not warrant or guarantee compatibility of its software with customers’ systems or modes of access.

 After the 7 days period has passed, the e-learning program will only be exchanged or replaced per the approval of the Company for a nominal fee.  

 A formal written notice must be given within 7 days to the Service Support of Star Ark for exchange or replacement in relation to the damages and defects in the e-learning programs and its materials.

 3.9 REFUND POLICY

 Unless otherwise required by applicable law, the Company will refund one hundred percent (100%) of the price when a customer involved in the purchase of our e-learning program will be given 7 days as a cooling-off period or unsatisfactory usage of the Online Content from the date of purchase.  After the 7 days period has elapsed, requests for refunds will be not be entertained.  

There will be an administrative fee applicable upon successful requests for refunds.

 A formal written notice must be given within 7 days to the Service Support of Star Ark for refunds, adjustments, and exchange of other available e-learning programs.  A refund of payment will be made within thirty (30) business days after the receipt of such cancellation.

 3.10 SUSPENSION AND TERMINATION OF MEMBERSHIP

 The term of this Agreement with respect to Content Services shall commence on the date set forth in the Agreement, and continue in force as provided in any amendment being notified.

Upon termination, member shall not retain any rights in or to the Website, and shall immediately cease all use of its Content Service.

 3.10.1 Suspension of Membership

 StarArk reserves the right suspend your membership and therefore to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.

3.10.2 Voluntary Cancellation

 Except as specified elsewhere herein, all cancellations of memberships must be requested in writing via email to the Company, and said cancellation will only be effective in no less than thirty (30) business days. Verbal cancellations will not be accepted under any circumstance. Cancellation shall be deemed submitted on the date it is received by the Customer Support office and is subject to an administrative cost.

 3.10.3 Involuntary Cancellation

 StarArk reserves the right at any time to revoke the membership or privileges of any member for his or her failure to comply with any of the rules and regulations of Star Ark or for any conduct which Star Ark deems to be improper. The membership may be terminated via email notification.

 3.10.4 Cessation of E-Learning Account

 All e-learning packages and its’ course contents comes only with a one-year license, which begins upon user-activation using the unique activation code sent to all users. Upon reaching the one-year expiry date, the e-learning course will cease to be usable automatically.

 3.10.4.1 Extension of E-Learning Course License

 Customer may request for the extension of e-learning course license to Service Support, and will be handled on a case-by-case basis by the administration of Star Ark.

 3.10.5 Business Account of a Deceased Member

Upon notice of the death of a Star Ark Associate Member, Star Ark will terminate the membership and close the account of said deceased member. Star Ark will require a Probate (if any) to release any of said deceased member’s asset to the beneficiary(s). A copy of the death certificate and proof of executor or administrator, satisfactory to Star Ark, will be required.

StarArk will not be liable or responsible in any manner for any tax consequences.  If the estates in the Business Account of a deceased member have not been claimed as of its annual expiry and a grace period of the following twelve (12) months, the estates thereafter cannot be redeemed, consolidated, converted, exchanged or transferred.

4.   PROPRIETARY RIGHTS

Notwithstanding anything to the contrary contained in this Agreement, the Content Services and its software are the property of Star Ark and / or its third party licensors. Except as expressly stated herein, Star Ark does not grant Customer any intellectual property or other rights in the Content Services or its software.

 5.   COPYRIGHT

The Course Material is copyrighted. No part of these materials may be copied, photocopied, published, broadcasted, rewritten for broadcast or publication, redistributed or reproduced in any form, derivative or by any means directly or indirectly without the permission in writing from the Course Provider. Violation of these laws will lead to prosecution and forfeit of membership and all of its value and benefits.

All trademarks, service marks, products or services are trademarks or registered trademarks of their respective holders and are acknowledged by the authors.

Nothing in this Agreement constitutes a waiver of the rights of StarArk or any of its third party suppliers under copyright law in any jurisdiction.

 6.   NOTICES

Notices and other communications hereunder shall be deemed given only when in writing, signed and sent by email to StarArk

7.   NO WAIVER

 Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing signed by the waiving party to be effective. Failure, neglect or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action.

 8.   SEVERABILITY

If any term, condition or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.

 9.   REPRESENTATIONS AND WARRANTIES

 StarArk represents and warrants that: it possesses all rights necessary to grant the rights granted to Customer by this Agreement; and the Content Services and its software do not and will not infringe any patent, trademark, copyright, privacy rights, publicity rights or other proprietary right of any third party. Customer represents and warrants that: it will use best efforts to ensure that StarArk's rights in the Content Services and its software Materials are protected and respected; it will exercise due diligence to obtain all necessary rights in the software or other products which are the subject matter of any tutorial or other related materials.

 10.   DISCLAIMER OF WARRANTIES

 10.1 LIMITATION OF LIABILITY AND REMEDY

Every effort has been made to ensure complete and accurate information concerning the Content Services. However, the Content Services or other related materials provider cannot be held legally responsible for any mistakes in printing or faulty instructions contained within the Agreement for a particular purpose, made with respect to the materials or any information provided to the

The authors appreciate receiving notice of any errors or misprints. Information in this Agreement is subject to change without notice.

Companies, names and data used in examples herein are fictitious unless otherwise noted.

There are no warranties, expressed or implied, including warranties of merchantability, fitness and suitability herein.

Neither the author nor publisher nor the Website shall be liable for any direct, indirect, special, incidental or consequential damages arising out of the use or inability to use the content services.

a.    EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CONTENT SERVICES, THE SOFTWARE AND THE LICENSED MATERIALS ARE PROVIDED TO CUSTOMER "AS IS" WITHOUT WARRANTY OF ANY KIND. StarArk AND ITS THIRD PARTY CONTENT SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. StarArk DOES NOT WARRANT THAT THE CONTENT IS OR WILL BE ACCURATE OR ERROR-FREE OR MEETS OR WILL MEET CUSTOMER'S OR ANY USER'S REQUIREMENTS.

b.    IN NO EVENT WILL StarArk OR ANY OF ITS THIRD PARTY CONTENT SUPPLIERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. IN NO EVENT SHALL THE LIABILITY OF StarArk OR ANY OF ITS THIRD PARTY SUPPLIERS EXCEED THE AMOUNT OF THE CONTENT SERVICE FEES PAID HEREUNDER.

c.    NEITHER PARTY EXCLUDES NOR LIMITS LIABILITY TO THE OTHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

d.    If all or any part of the Content becomes, or in StarArk's opinion is likely to become, the subject of a claim of intellectual property infringement, StarArk shall have the right, at its option, either to procure for Customer the right to continue using the Content, or (b) replace or modify the Content so that it becomes non-infringing or (c) if, after good faith efforts to achieve (a) and (b) above, such remedies are not reasonably available, terminate Customer's license with respect to infringing materials, and promptly give Customer a pro rata refund of the funds paid for the affected portion of the Content.

 

11.  CONFIDENTIALITY

Each party will retain in confidence the terms of their agreement for Content Services and all other information and know-how of the other party disclosed to or acquired by such party ("Receiving Party") pursuant to or in connection with this Agreement which is either designated as proprietary or confidential or which, under the circumstances, ought in good faith to be treated as proprietary or confidential ("Confidential Information"); provided that each party may disclose the terms of this Agreement to its legal and financial consultants or representatives or funding sources as reasonably necessary in the ordinary course of its business, or as required by law.

Each party agrees to hold all Confidential Information in the strictest confidence using measures at least as great as those taken to protect its own confidential information of a similar nature. Confidential Information will not include any information that:

(a)    was known by the Receiving Party prior to disclosure thereof by the other party;

(b)    was in or entered the public domain through no fault of the Receiving Party;

(c)    is disclosed to the Receiving Party by a third party entitled to make such disclosure;

(d)    is independently developed by the Receiving Party without reference to any Confidential Information of the other party; or

(e)    is ordered to be disclosed pursuant to a final binding order of a governmental agency or court of competent jurisdiction, provided that Receiving Party will provide prompt notice of such order to Disclosing Party and cooperate with and assist Disclosing Party in connection with obtaining a protective order at Disclosing Party's cost and expense. Upon request or upon any termination or expiration hereof, each party will return to the other all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information of the other party.

The Terms and Conditions were last modified on 26/12/2013.