Terms of Use
Eltraderm Ltd. maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its clients, vendors, representatives, distributors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the Terms of Use carefully before using the Site.
We reserve the right to suspend, withdraw, discontinue or amend the service we provide on our Site for business or operational purposes without notice. Access may be terminated or suspended in relation to specific or to all users or customers who have registered with us.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. To the extent permitted by law, we will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.
For purchases via our website, by clicking on the “Accept” button you agree to the Terms of this agreement which will bind you.
Eltraderm Ltd. reserves the right to review and update these Terms of Use periodically at its sole discretion.
Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Eltraderm Ltd. If you do not agree to these terms, do not use this Site.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Materials” means the information provided by Eltraderm Ltd. to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Eltraderm Ltd. for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn Course Materials remotely.
“Services” means the provision of the Online Course and/or the In-Class Training and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“In-Class Training” means a course taught by us in a classroom setting to which you attend in person.
“You” means the individual purchasing the Services.
2. Use of Site
Eltraderm Ltd. provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Eltraderm Ltd. authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications.
3. Geographic Location
All visitors to this Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Site.
4. User Warranty
As a User, you warrant that you are a professional in the field of aesthetics, cosmetology, dermatology, plastic surgery, or other related fields, and are a current client, vendor, student, representative, educator, trainer, distributor of Eltraderm Skin Care Products. Your use of the Site and Materials is solely for the purpose of increasing your knowledge of Eltraderm Ltd.’s Products and Services to be used in your business.
As part of your Account Registration, you will be required to submit a Client Code provided to you by your Regional Eltraderm Skin Care Distributor as confirmation of your business account.
You are prohibited from allowing anyone else to access the Online Courses via your log-in details. You must comply with all safety rules and regulations and any other reasonable security requirements. You will notify Eltraderm Ltd. immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password.
You are responsible for ensuring that any information that you provide to Eltraderm Ltd. as part of the account registration process is accurate and is kept up to date at all times, and you will notify Eltraderm Ltd. immediately of any changes to this information.
Eltraderm Ltd. reserves the right to remove any participant from a training course whose behavior is deemed inappropriate by Eltraderm Ltd., or its trainers or facilitators. In these circumstances, Eltraderm Ltd. will neither refund any fees nor reimburse any other costs.
5. PURCHASING SERVICES VIA THIS SITE
In order to use or purchase any of the Services on-line you must register for an account with us via this Site. If you already have an account with us you can log into your account using your user name and password.
When you place an order for a Service via the Site, you are offering to purchase the Services on these Terms of Use. Eltraderm Ltd. reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with the following below. Following receipt by us of your order for Services via the Site, we will contact you confirming receipt of your order. A legally binding agreement between Eltraderm Ltd. and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you .
6. CANCELLATIONS AND VARIATIONS
Where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with the Purchasing Services Via This Site clause above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with Purchasing Services Via This Site clause above, to cancel your purchase of the Services. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
There is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Eltraderm Ltd.
7. FEES
The Fees for the Services shall be as set out on the Site at the time you place an order for them. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you, if applicable. Each of these costs will be set out on the Site prior to your purchase the Services.
Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit card / PayPal / Stripe account at the time of purchase. Fees must be paid in full prior to you accessing any Online Course. Any fees charged by your credit card or payment provider in connection with your purchase of Services are for your own account and Eltraderm Ltd. shall not be responsible for these. You shall be responsible for all costs you incur in connection with your attendance at any Online Course.
8. Trademarks, Copyright, and Intellectual Property Rights
All Course Materials are owned by Eltraderm Ltd. All intellectual property rights in all Course Materials available, including the design, graphics and text of all printed materials and the audio and video of all online courses, webinars, and podcasts, are owned by Eltraderm Ltd., or its licensors, whether adapted or customized.
When you are given access to the Materials, you are granted a non-exclusive, non-transferable, revocable license to use the Materials. No Materials may be copied, reproduced, uploaded, posted, broadcasted, transmitted, distributed, displayed or linked to in any way, in whole or in part, without Eltraderm Ltd.’s prior permission. Any such use is strictly prohibited and will constitute an infringement of Eltraderm Ltd.’s intellectual property rights.
You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Materials without prior written permission from Eltraderm Ltd.;
(ii) record on video or audio tape, relay by videophone or other means the Online Course;
(iii) use the Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of Eltraderm Ltd. on the Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause shall allow Eltraderm Ltd. to immediately terminate these Terms of Use with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
Eltraderm Ltd., and certain other brands, trademarks, and service marks are marks of Eltraderm Ltd. and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.
9. Hyperlinks
Links to external websites are provided solely as a convenience to you. Eltraderm Ltd. has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
10. Warranty and Disclaimer
Eltraderm Ltd. ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual course outlines.
Eltraderm Ltd. shall provide such trainers and facilitators to present the training course as it, in its sole discretion, deems fit and Eltraderm Ltd. shall be entitled at any time to substitute any trainer or facilitator with any other person who, in Eltraderm Ltd.’s sole discretion, it deems suitably qualified to present the relevant course.
Eltraderm Ltd. does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions. Eltraderm Ltd. does not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of this Site or any Materials made available via this Site.
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Eltraderm Ltd. further does not warrant the accuracy and completeness of the Materials on this Site. Eltraderm Ltd. may make changes to the Materials on this Site, or to the services and prices described in them, at any time without notice. The Materials on this Site may be out of date, and Eltraderm Ltd. makes no commitment to update the Materials on this Site.
11. Data Protection
The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Eltraderm Ltd.
To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
Our products may link to third party websites and we are not responsible for their data policies or procedures or their content. Eltraderm Ltd. endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
If you wish to change or update the data we hold about you, please e-mail [email protected] or contact us at +1-905-604-7870
12. Limitation of Liability
Eltraderm Ltd. does not accept responsibility for anyone acting as a result of information in, or views expressed on, its Online Courses including Materials.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELTRADERM LTD. SHALL NOT BE LIABLE FOR ANY LOSS OF USE,LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT(INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELTRADERM LTD. AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ELTRADERM LTD. FOR THE ONLINE COURSES GIVING RAISE TO A CLAIM.
In no event will Eltraderm Ltd., its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
13. Termination
Eltraderm Ltd. shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
I) fail to pay when due your Fees;
II) act in an aggressive, bullying, offensive, threatening or harassing manner towards any director, employee, volunteer of Eltraderm Ltd., any trainer, facilitator, or lecturer who provides the Online Courses or any student who attends any Online Course;
III) cheat or plagiarize any work which you are required to prepare or submit in connection with the Services;
IV) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending our Online Courses;
V) commit any criminal offence committed where the victim is our director, employee, volunteer, or student;
VI) are in breach of these terms and conditions.
Upon Termination, Clauses 8 (Trademarks, Copyrights, & Intellectual Property Rights), 10 (Warranty and Disclaimer), 11 (Limitation on Liabilities), 14 (Assignment) and 15 (Confidentiality) shall continue notwithstanding such termination.
14. Assignment
Any Services provided by Eltraderm Ltd. under these Terms of Use are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these Terms of Use to any other company without prior notice to you.
15. Confidentiality
Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these Terms of Use. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them. This clause shall continue notwithstanding termination of these terms and conditions.
16. Applicable Law
The Terms of Use are governed by the laws of the province of Ontario, Canada. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. Eltraderm Ltd. may assign its rights and duties under the Terms of Use without notice to any party at any time.
17. Effective Date and Updates
The Terms are effective as of January 11, 2021 and are subject to change without notice by Eltraderm Ltd. at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.