Terms and Conditions

Terms and Conditions

Welcome to Online.chess-teacher.com, Chess-teacher.com. Chess Online Pte.Ltd operating under the brand name “Remote Chess Academy” and/or its affiliates provide website features and other products and services to you when you visit or shop at Online.chess-teacher.com, use Remote Chess Academy products or services, use Remote Chess Academy applications for mobile, or use software provided by Remote Chess Academy in connection with any of the foregoing (collectively, “Remote Chess Academy Services”). By using the Remote Chess Academy Services, you agree, on behalf of yourself and all members of your family, those living in your house and others who use any Service under your account, to the following conditions.

PRIVACY

Please review our (Privacy Policy), which also governs your use of Remote Chess Academy Services, to understand how we collect and/or use your data.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions and any Service Terms, as well as your payment of any applicable fees, Remote Chess Academy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Remote Chess Academy Services. This license does not include any resale or commercial use of any Remote Chess Academy Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Remote Chess Academy Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by Remote Chess Academy or its licensors, suppliers, publishers, rightsholders, or other content providers. No Remote Chess Academy Service, nor any part of any Remote Chess Academy Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Remote Chess Academy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Remote Chess Academy without express written consent. You may not use any meta tags or any other “hidden text” utilizing Remote Chess Academy’s name or trademarks without the express written consent of Remote Chess Academy. You may not misuse the Remote Chess Academy Services. You may use the Remote Chess Academy Services only as permitted by law. The licenses granted by Remote Chess Academy terminate if you do not comply with these Terms and Conditions or any Service Terms.

Responsibility of Website Visitors (Users).

Remote Chess Academy does not review all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Remote Chess Academy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Despite Remote Chess Academy ’s efforts, the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or

use of which is subject to additional terms and conditions, stated or unstated. Remote Chess Academy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of any content posted there.

INTELLECTUAL PROPERTY COMPLAINTS

Remote Chess Academy respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please submit a complaint by sending a mail to support@chess-teacher.com include the following information

· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

· A description of the copyrighted work that you claim has been infringed upon;

· A description of where the material that you claim is infringing is located on the site;

· Your address, telephone number, and e-mail address;

· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Content Posted on Other Websites.

Remote Chess Academy have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to www.chess-teacher.com. Remote Chess Academy does not have any control over other websites and webpages and is not responsible for their contents or their use. By linking to an outside website or webpage, Remote Chess Academy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Remote Chess Academy disclaims any responsibility for any harm resulting from your use of outside websites and webpages.

Responsibility of Website Visitors (Users).

Remote Chess Academy does not review any of the material, including computer software, posted to third party websites, and cannot therefore be responsible for such a website’s content, use or effects. By operating the website, Remote Chess Academy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Despite Remote Chess Academy ’s efforts, such websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Remote Chess Academy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of any content posted there.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE REMOTE CHESS ACADEMY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMOTE CHESS ACADEMY SERVICES ARE PROVIDED BY REMOTE CHESS ACADEMY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. REMOTE CHESS ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE REMOTE CHESS ACADEMY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMOTE CHESS ACADEMY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE REMOTE CHESS ACADEMY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, REMOTE CHESS ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REMOTE CHESS ACADEMY DOES NOT WARRANT THAT THE REMOTE CHESS ACADEMY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMOTE CHESS ACADEMY SERVICES, REMOTE CHESS ACADEMY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM REMOTE CHESS ACADEMY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, REMOTE CHESS ACADEMY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY REMOTE CHESS ACADEMY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY REMOTE CHESS ACADEMY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Legal Capacity.

To comply with the Children’s Online Privacy Protection Act, www.chess-teacher.com is only available to users who are at least 13 years old. If you are under 13 you are not permitted to use this site. By proceeding to use this website, you represent that you are 13 years or older.

Products of this Website.

The Products offered on this website consist of video files. By Purchasing any Product offered on this Website, you agree and warrant that you are able to reproduce the file format (VIDEO AS WELL AS AUDIO) on any device available to you; You further warrant to understand English, have a general notion of the basic rules of chess, have the necessary bandwidth to download the product, and will use any of the valid payment methods permitted by Remote Chess Academy. An inability to meet the conditions stated in this clause will preclude you from the right to request a refund as you were aware of your inability to use the product.

Refund Policy.

We are so confident that you will get results that we give you 31 days to complete an RCA course(s), do the work and put what you’re taught to the test.

We want you to give your best effort to apply all the strategies taught in the course and give yourself the best chance at success, which is why if we don’t hold you accountable to putting in the work, we’re doing you a disservice.

RCA courses have been stress-tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will get results.

Which is why when you enroll in any of our courses as a student, you get a “31-Day Guarantee.” The guarantee states that if you enroll in one of our courses, watch all the video lessons, complete all of the required work and action items, and still don’t see results within 31 days, we will provide a full refund.

Our 31-Day Guarantee is governed by the following terms.

In order to qualify for a refund, you must have completed the course(s), and email us within the 31 days from your enrolment date, including proof that you did the work in the course and it did not work for you. You must study the video lessons and perform the practical part (‘practice’).

If you haven’t completed the course or the required assignments, then you won’t be eligible for the guarantee. We’ll ask for your completed course work and ask what didn’t work for you (so we can learn and improve).

For All Courses:

The work that you need to submit with your request for a refund includes ALL of the following items.

· Requirement 1: Complete the course

Note: To qualify for a refund on the product “GM Igor Smirnov’s Super Pack”, 50% completion of the courses from this package is required. This means studying at least 50% of the courses from the product, or studying at least 50% of the content of every course from the product.

· Requirement 2: Tell us why this course was not a good fit for you and your chess needs. What did you expect that you did not get once inside the program?

Refund Terms. Remote Chess Academy refund policy is regulated by the following rules, to qualify for a refund, they must be adhered to.

· The procedure must be activated within 31 calendar days from the date of purchase or the deposit is made in the form and ways stated for purchase on the website.

· The 31 calendar days shall be inclusive of weekends and holidays

Upon a request for refund according to these Terms, the refund will be for the purchase price, excluding all costs involved in transaction, bank fees and currency change, or any other fees applicable when attempting to make the refund.

· The refund is applicable to a single purchase. Remote Chess Academy reserves the right to refuse a sale to anyone who has requested a refund especially when it suspects fraud.

· Refunds shall not apply to products listed on the website at special prices and/or offers including bulk/wholesale discounts, personal discounts, extra bonuses added to the product or any other special offers.

· Refunds will not be granted for part payments.

· Refunds will not apply if there is any failure is in contravention of the clause on capacity to use the product as outlined in the clause on “Products of this Website”

· In the event of a refund request by a customer who has bought any product or service on the website through an AFFILIATE link, refunds will apply at a 50% reimbursement rate only. This applies only to clients who buy through an affiliate.

· Double payments (whenever the same product is bought twice by the same person) will be refunded only if the request is made within 31 days of the second purchase. If the second product is purchased through an AFFILIATE link, refunds will apply at the 50% rate.

· Refunds will be provided only if a purchaser is not satisfied with the chess-related content of the course.

· A refund may only be claimed once for a product purchased.

Procedure for refund. In order to request a refund, the purchaser should contact Remote Chess Academy through the “Contact us” section of the Website.

The request should include: Full Name of the person who made the Purchase, Complete title of the purchased course, Exact date and method of payment, and Complete explanation and referral to the motive of the reimbursement.

Currency

Payments will be made in U.S. dollars (USD). In addition to the fees applicable to the payment, a currency exchange rate might be applied and charged to you, whenever you try to pay in a currency other than the one stated.

Payments

Whenever you make a payment for any of the products listed on the Website, you agree to provide a valid instrument. You hereby declare that you are using a valid instrument, and that Remote Chess Academy will in no way be responsible and/or liable of any transactions made with instruments that are not of your own, or you have no proper authorization to use. The costs and prices listed on the Website for its products are final. The future Purchaser hereby accepts to have full knowledge of the payment method chosen, its implications and its fees, costs and taxes, which may be charged to the purchaser by companies or banks different of Remote Chess Academy ’s fees and prices.

Acceptable Payment Options PayPal™ as well as Stripe are internationally acknowledged online payment methods which are accepted by Remote Chess Academy for purchase of products on the Website.

The companies mentioned in this Clause are third parties and have their own Terms and Conditions, Privacy Policies, and other applicable rules. Either of these payment options may be used by you at your own discretion.

Prohibited Conduct.

You expressly agree to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

· Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or adversely affects Remote Chess Academy ’s computers, servers or databases, whether owned or of a third subcontracted Company.

· Capture, download, save, upload, print or otherwise retain information and content available on the Website other than what is expressly allowed by these Terms.

· Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Website.

· Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content and Products available on the Website.

· Transfer the Website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Website content; or “deep link” to the Website content.

· Violate or attempt to violate the Website’s security mechanisms, access any data or server You are not authorized to access or otherwise breach the security of the Website or corrupt the Website in any way.

· Engage in any other conduct which violates Copyright Act or other applicable laws.

· Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users or Purchasers of the Website.

· Use the Website, or its contents or Products to violate a Remote Chess Academy ’s or a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.

· Misrepresent Your identity or personal information when accessing the Website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by chess-teacher.com or its affiliates.

· Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Website; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability of any of the “Parties”.

· Advertise or otherwise solicit funds, goods or services on the Website.

· Provide any commercial hosting service with Access to the Website and its Products and/or the content on the Website.

· Reoffer, resell, reproduce, change or harm the Products available on this Website, digitally or physically.

Remote Chess Academy reserves the right to monitor use of the Website is in compliance with this Terms and Conditions and reserves the right to revoke or deny access to any person or entity whose use of the Website and its Products suggests Prohibited Conduct.

You agree not to violate any of Your or Company’s local laws, foreign or international software or technology export laws and regulations, including without limitation any other applicable laws and regulations applicable.

Indemnification

You agree to indemnify and hold Remote Chess Academy, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or its Products, the violation of this agreement by You, or the infringement by You, or other user of the Website using Your computer, of any intellectual property or other right of any person or entity.

Intellectual Property

The content on this Website and the services found at this site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Remote Chess Academy in perpetuity, and are subject to copyright, trademark, and/or patent protection globally, and other intellectual property rights under local and foreign laws. Remote Chess Academy ’s Website is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Remote Chess Academy. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this terms and conditions. Remote Chess Academy reserves all rights not expressly granted in and to the content, this site and the services found at this site, and this agreement do not transfer ownership of any of these rights. The content of Remote Chess Academy ’s Website, all its materials and processes, and all its services are subject to proprietary and intellectual property rights arising throughout the world and protected by national and international law, treaties and conventions.

The software, know how, inventions and processes relating to Remote Chess Academy ’s Website and its Products, services and facilities are protected by copyright and/or design rights and/or patent protection or their equivalent throughout the world. All the Website content is owned by or licensed to Remote Chess Academy.

You may not carry out any act which is or may amount to an infringement of any proprietary or intellectual property rights arising in, on or relating to Remote Chess Academy and its Website, materials, processes or any related to Remote Chess Academy anywhere in the world.

You may not, without the prior written consent of Remote Chess Academy , at any time or for any reason remove, obliterate, modify, adapt, copy, download, print or use in any way (including without limitation for any commercial gain) any material appearing on, connected to or accessible via Website including (without limitation) any marks, logos, devices, designs, software, databases, literary, musical or artistic works, and Products, save strictly for your own legitimate and non-infringing private personal and/or internal business purposes.

You must notify Remote Chess Academy immediately by this given e-mail(support@chess-teacher.com) should you become aware of any proprietary or intellectual property infringement or any conduct which may amount to the same, relating to Remote Chess Academy and its website and its content, its materials, processes or any of Remote Chess Academy, by you or any other person.

In the event that Remote Chess Academy becomes aware of any such proprietary or intellectual property infringement or similar conduct Remote Chess Academy will require further information from you and you shall supply it with all details you have concerning the alleged infringement or conduct including (without limitation) the details of the person, firm or company you believe may be responsible. You will co-operate fully with Remote Chess Academy in connection with any investigation or infringement action.

DISPUTES

Any dispute or claim relating in any way to your use of any Remote Chess Academy Service will be adjudicated in the state of Singapore, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Mediation

All parties involved in these Terms agree to participate in at least four hours of mediation in accordance with the mediation procedures of International Arbitration & Mediation whenever needed. The parties agree to share equally in the costs of the mediation. The mediation shall be administered by a neutral party, designated by an institution with international acknowledgement in these cases. Both parties will accept their competence and acknowledge them and accept their end results.

Mediation involves each side of a dispute sitting down with an impartial person, the mediator, to attempt to reach a voluntary settlement. Mediation involves no formal court procedures or rules of evidence, and the mediator does not have the power to render a binding decision or force an agreement on the parties.

Litigation last resort

In the event of a failure to reach a resolution via the alternate dispute resolution mechanism highlighted above, parties may proceed to use of judicial mechanism.

APPLICABLE LAW

By using any Remote Chess Academy Service, you agree that the laws of the state of Singapore, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Remote Chess Academy.

MODIFICATION

We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Copyright Notice

© CHESS ONLINE PTE.LTD. (SG)

All rights reserved. The material displayed on, or contained in or accessible via this website is protected by copyright and/or sui generis rights and/or database rights applicable throughout the world and is the property of Remote Chess Academy or its licensors.

Remote Chess Academy reserves all intellectual property rights wherever in the world arising in and to the names Remote Chess Academy and all other names, logos and devices belonging to and/or used by us from time to time relating to Remote Chess Academy, none of which may be used by you in any manner whatsoever (including without limitation in any advertising, promotional literature or publicity material) save where:

1. Permitted by terms and conditions; or

2. Otherwise with Remote Chess Academy prior written consent.