Terms of Service

Your Account

To use our Services, you must create an account on our system, myKatagraph.

You must secure your account with a password of your choice. It’s important that you keep your password confidential, and don’t share it with anybody else. You are responsible for any actions taken with your account. If you think your password may have been compromised, you must let us know straight away.

Your Details

You must provide us with accurate details when you create your account. To open an account with us, you must be of sufficient age in your country of residence to consent to us processing your data.

The age of data processing consent varies by country, for example:

In the UK, the age is 13.
In Ireland, the age is 16.
In the USA, the age is 13.

If you are under 18 but above the age of data processing consent in your country of residence, we may restrict your access to some content or account features, at our discretion.

If you are below the age of data processing consent, you should ask your parent or guardian to create an account instead. You may use that account with their permission.

If your details change after creating your account, it’s important that you keep your information up-to-date.

Transfer of Accounts

You can’t transfer your account to somebody else. If somebody else would like to use our services, they should create their own account.

Other People’s Accounts

You should not access our service with somebody else’s account (except for somebody below the age of data processing consent who is using their parent or guardian’s account).

Content and Access

When you enroll on a course, we will provide you with a limited, non-exclusive and non-transferable license to view our content for personal, non-commercial educational purposes. You are not allowed to use our content for any other reason or on any other basis.

You aren’t allowed to resell our content (either under our brand or not), transfer our content, or reuse our content in any other context.

You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit, written permission.

Our content remains our property, and your license to access it doesn’t mean that we’ve sold it to you. We also reserve the right to revoke that license at any time, and for any reason.

Payments

You agree to pay any fees that are due.

You must ensure that you have a valid payment method for any services which are set up to be paid on a subscription or installment basis. You agree that you will only provide payment methods that you are entitled to use.

You authorise us to charge your debit or credit card (or process other means of payment) for any fees that fall due. We may update your payment methods using information provided by our payment service providers.

You agree to pay any overdue fees promptly when we bring them to your attention. We reserve the right to disable access to all or part of your account until any overdue fees are settled.

Price

You agree to pay the price displayed at the point of placing your order. Any promotions which are not applied at the time, or which are subsequently advertised, cannot be retrospectively applied.

We will add VAT to any orders placed by you if you live in the United Kingdom. We will apply other sales tax(es) as required by relevant authorities.

Cancellation and Refunds

If you change your mind about a course, you may request a full refund within 14 days from the date of purchase, provided you have not accessed the course content. Access will be deemed to have occurred where you have consumed any course content. Once accessed, a course will not be eligible for a refund unless the content is faulty. By logging into the system and accessing the course content you hereby waive your right to cancel.

The date of purchase will be deemed to be the date of confirmation of your order.

For purchases bought on account, should payment be outstanding after the 14 day cooling off period where no cancellation request has been received within this period you will remain liable to pay the full fee.

To exercise the right to cancel you must raise a student support ticket to request cancellation.

Termination

If you do not enrol on a course within 2 years of creating your account, we will let you know that we intend to schedule your account for termination. We have a legal obligation to ensure that we don’t hold onto data for longer than we need it.

If you would like to permanently close your account, please contact us. We may decline to close an account with an overdue balance.

Promotions

We might offer promotions from time to time, at our discretion. We reserve the right to withdraw any promotion at any time.

Assessments

If your course involves an assessment, you agree not to submit any work that you did not complete yourself.

Your own risk

By using our services, you may be exposed to content that you consider offensive, indecent, or objectionable. We have no responsibility to keep such content from you and no liability for your access or enrolment in any course or other content, to the extent permissible under applicable law.

Third party content

When you use our services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

Our rights

We own the myKatagraph platform and services, including the website, present or future apps and services, our logos, API, code, and content. You can’t tamper with those or use them without our permission.

Our services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the our name, trademarks, logos, domain names, or other distinctive brand features.

Any feedback, comments, or suggestions you may are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the myKatagraph platform and Services:

access, tamper with, or use non-public areas of the platform (including content storage), our computer systems, or the technical delivery systems of our service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on our platform or services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the services.
in any way use the services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as from Katagraph); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the services.

Miscellaneous Legal Terms

Binding Agreement

You agree that by registering, accessing, or using our services, you are agreeing to enter into a legally binding contract with Katagraph Institute. If you do not agree to these terms, do not register, access, or otherwise use any of our services.

These terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the services. Your use of the services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the services at any time and for any reason. Under no circumstances will Katagraph Institute or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

Limitation of Liability

There are risks inherent to using our Services, for example, involving your spiritual wellbeing. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of £100 GBP or the amount you have paid us in the 12 months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Katagraph Institute, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to office@katagraph.org).

Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

Sanctions and Export Laws

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the services) aren’t located in, or a resident of, any country that is subject to applicable United Kingdom trade sanctions or embargoes. You also warrant that you aren’t a person or entity who is named on any U.S. government specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with Katagraph Institute, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Katagraph Institute).

You may not access, use, export, re-export, divert, transfer or disclose any portion of the services or any related technical information or materials, directly or indirectly, in violation of any United Kingdom and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

Dispute Resolution

If there’s a dispute, our Student Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United Kingdom, your options are to go to small claims court or bring a claim in binding individual arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section ("Dispute Resolution Agreement") applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Student Support Team.

Dispute Resolution Overview

Katagraph Institute is committed to using its best efforts to resolve disputes with its users, without the need for a formal legal claim to be filed. If an issue arises between us, you and Katagraph Institute agree to first work diligently and in good faith to reach a resolution that’s fair and equitable to both sides using the mandatory informal dispute resolution process described below. On occasion, a third party may be necessary to help resolve our dispute. This Dispute Resolution Agreement limits how these disputes can be resolved.

YOU AND KATAGRAPH INSTITUTE AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF THEM, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH KATAGRAPH INSTITUTE (COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED SOLELY IN SMALL CLAIMS COURT OR BY BINDING INDIVIDUAL ARBITRATION AND AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.

YOU AND KATAGRAPH INSTITUTE FURTHER AGREE TO BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR IN ARBITRATION.

You and Katagraph Institute agree that this Dispute Resolution Agreement applies to each of us as well as all of our respective agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Katagraph Institute. This Dispute Resolution Agreement is binding on your and Katagraph Institute’s respective heirs, successors, and assigns, and is governed by the laws of Scotland.

Mandatory Informal Dispute Resolution Process

Before filing a claim against each other, you and Katagraph Institute must first participate in the informal dispute resolution process described in this section.

The claiming party shall send to the other a short, written statement (“Claim Statement”) with their full name, mailing address, and email address explaining: (a) the nature and details of the Dispute; and (b) a proposal for resolving it (including any money being claimed and how that amount was calculated). Sending a Claim Statement tolls the running of any applicable statute of limitations for a 60-day period beginning on the date the Claim Statement is received. You should send your Claim Statement to Katagraph Institute by email to office@katagraph.org, and you can also send it by certified mail to Katagraph Institute Attn: Legal, 44 Aurs Drive, Barrhead, G78 2LW. Katagraph Institute will send Claim Statements and respond to you at the email address associated with your Katagraph Institute account, unless you request otherwise.

When either of us receives a Claim Statement, the parties will attempt in good faith to resolve it informally. If we’re unable to resolve it within 60 days from receipt, then we each have the right to initiate a formal claim against the other in small claims court or individual arbitration, subject to the terms of this Dispute Resolution Agreement.

Failure to complete this process is a material breach of the Terms, and no court or arbitrator shall have jurisdiction to hear or resolve any Disputes between you and Katagraph Institute.

Small Claims

Disputes raised but not resolved through the mandatory informal dispute resolution process can be brought in small claims court in Scotland. We each waive the right to bring any Disputes between us, in courts other than small claims court, including courts of general or special jurisdiction.

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Katagraph Institute reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

How to Contact Us

The best way to get in touch with us is to contact our Student Support Team. We’d love to hear your questions, concerns, and feedback about our Services.