Asia Pacific Wine and Spirit Institute (collectively, “we,” “us”, “NPO” or “APWASI”) provides you access to the APWASI websites, available at the entry-point URL https://course.apwasi.com and (each individually a “Class Site,” and collectively the “Class Sites”), and to the information, services and other materials available on and through the Class Sites, (collectively with the Class Sites, the “Online Courses”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Courses.

By accessing and/or using the Class Sites or Online Courses, you agree to be bound by these Terms of Use, whether you are:

• a “Visitor,” meaning you simply browse the Class Sites, including, without limitation, through a mobile or other wireless device, or otherwise use the Class Sites without being registered, or
• a “Student,” meaning that you have registered with APWASI for a User ID and User Password (defined below), will complete the homework assignments and exams as applicable, and have enrolled in and paid for access to services, content, and/or certification provided by APWASI or its Educational Partners (defined below), or
• an “Attendee,” meaning that you have registered with APWASI for a User ID and User Password (defined below) and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.

The term “User” refers to a Visitor, Student or Attendee.

You are authorized to use the Class Sites only if you agree to abide by all applicable laws, rules and regulations and the terms of these Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE CLASS SITES OR THE ONLINE COURSES. APWASI’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time.

Any change or modification to these Terms of Use will be effective immediately upon posting by APWASI on a Class Site. We will take reasonable steps to notify you of any changes or modifications to these Terms of Use, but you are responsible for periodically reviewing the most up to date version of these Terms of Use.

Your continued use of the Class Sites or Online Courses constitutes acceptance of any changes or modification made by us to these Terms of Use.

While any Visitor can view the Class Sites, in order to use the Class Sites and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Class Sites and your enrollment in the Online Courses.

In addition to the registration process, as part of your use of the Class Sites or participation in the Online Courses, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

The Class Sites are available to any User. However, access to the Online Courses is restricted to Attendees or Students that have a registered User Account. By registering, you agree that:

• you are registered for the course only once and will not set up multiple User Accounts; and
• you will abide by these Terms of Use.

Additional requirements apply to Students. As a Student, in addition to the points above, you agree that:

• you are registering with the intent to complete online coursework, complete homework assignments, take and submit exams and other activities related to taking the class;
• if you are taking an Online Course for academic credit or certification as a student of, or otherwise through, an Educational Partner, such as accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, APWASI will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course;
• if you are not taking an Online Course for academic credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of APWASI, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner;
• you acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution; and you will abide by the Student Conduct Policy listed below.

Online Courses you for certification from the APWASI site are eligible for refund under terms specified in the section entitled “Payment Terms” below. If a refund is issued, you’ll no longer receive certification and associated services for the course.

APWASI may make certain Online Courses available to Students and Attendees in partnership with or on behalf of its Educational Partners, Your access to such Online Courses may be provided to you through your single User Account. You acknowledge and agree that any Online Course affiliated with an Educational Partner may be subject to terms, policies and procedures of the applicable Educational Partner in addition to the terms, policies and procedures of APWASI. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking an Online Course for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Online Course, your participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not only APWASI.

APWASI and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of APWASI and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of APWASI. By attending the Online Courses, Students acknowledge that APWASI and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as APWASI and the instructors deem appropriate

To the extent you are registered or enrolled as a student in, or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution. Additionally, unless the following conflicts with such a policy or honor code, any User of the Online Courses agrees that he or she:

• will not harass other Students, Attendees or Visitors;
• will not cheat on any homework assignment or exams for the Online Courses;
• will not post online any Secured Testing Materials (as defined below);
• will not share solutions to homework assignments or exams; and
• will notify the instructors immediately if he or she becomes aware of any other User cheating or breaching these Terms of Use.

As a condition of accessing the Class Sites and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use APWASI’ name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Class Sites (including without limitation robots, spiders or scripts); (d) frame the Class Sites, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Courses.

In addition, you may not post, upload, or transmit to or otherwise make available through the Class Sites or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”):

• that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
• that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• that consists of any high volume, automated, or electronic means to access the Class Sites (including without limitation robots, spiders or scripts);
• that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
• that violates the rights of other Users of the Class Sites; or
• that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

The Class Sites are owned and operated by APWASI. APWASI reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Class Sites, or any part of portion thereof, with or without notice to you. You agree that APWASI shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Class Sites, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate APWASI to maintain and support the Class Sites, or any part of portion thereof, during the term of these Terms of Use.

All content or other material available on the Class Sites or through the Online Courses, including but not limited to on-line lessons, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of APWASIor they have the public right to use this material and or have obtained the right to use such information and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Canadian  and foreign law.

APWASI logos, trademarks and service marks which may appear on the Class Sites (“Marks”), are the property of APWASI and are protected under Canadian and foreign laws. All other trademarks, service marks and logos used on the Class Sites, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Class Sites are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of APWASI.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Class Sites, Online Courses, or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Online Courses. From time to time, APWASI may include software, code, instructions, or other such information in the Content or materials for the Online Courses; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. APWASI and/or its affiliates and licensors reserve all rights not expressly granted herein to the Class Sites, Online Courses, Content, and Marks.

Subject to your compliance with these Terms of Use, APWASI hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use and display the Class Sites and Online Courses, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder. You must abide by all copyright notices or restrictions contained on the Class Sites or the Content. You may not delete any attributions, legal or proprietary notices on the Class Sites or the Content.

Where applicable, the Online Courses may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Class Sites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). APWASI does not claim ownership of any User Content you may submit or make available for inclusion on the Class Sites or Online Courses. Accordingly, subject to the license granted to APWASI below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit to APWASI (including for inclusion on the Class Sites or Online Courses) or that is otherwise made available to APWASI, you hereby grant APWASI an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Class Sites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to APWASI above shall be exclusive. APWASI reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit APWASI to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and APWASI, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canadian or the country in which you reside.

The Online Courses may provide you with the ability to post messages to user forums or user review pages, enter chat rooms or send similar messages and communications to third party service providers, other users and/or APWASI. You agree to use communication methods available on the Online Courses only to send communications and materials related to the subject matter for which APWASI provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by APWASI in any manner (unless expressly stated otherwise by APWASI) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by APWASI in any manner, though APWASI reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication methods, APWASI may make certain types of services available to you. For instance, APWASI may make available to you, as part of your participation in an Online Course, chat room services that allow you to communicate with APWASI staff members so that you may ask questions about the academic materials in the Online Course or about your general experiences on the Class Sites. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

To purchase any services or products offered by APWASI through the Class Sites, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to APWASI, or its third-party payment provider, storing your payment information. You also agree to pay for the products you purchase through the APWASI Class Sites as they become due.

APWASI is committed to customer satisfaction. It is our policy to enable all users to communicate any issues they may have to the Company. We will respond to all customer issues within 10 business days from receipt.

If you have any issues or complaints we welcome your feedback and input. Please email your complaints or thoughts to info@apwasi.com.

IMPORTANT NOTE: You will not be entitled to any refund if a APWASI Company Product has been canceled or is no longer accessible due to a violation of APWASI’ Terms of Use. APWASI has a NO REFUND POLICY on any courses that are purchased and enrolled in by students.

This privacy policy describes how APWASI and its agents (“APWASI”) treat the information you provide to us or that we otherwise collect. This Privacy Policy also describes your choices regarding use, access and correction of your personal information. “You” refers to the person or entity using the Service. The “Service” is the education and training opportunities provided through any website or application offered by APWASI. “Personal Information” includes the information we collect directly from you as well as personal information from Issuers (defined below) and Third-Party Services (defined below).

This Privacy Policy describes our broadest potential use of your Personal Information, although we may actually make far less use. The basis for our processing of your Personal Information is your consent. No law requires you to provide us with your Personal Information. You may withdraw your consent for us to process your Personal Information at any time, but that may preclude you thereafter from using the Website and the Service. We will delete your Personal Information following the withdrawal of your consent, however, such withdrawal will not affect the lawfulness of processing prior to withdrawal.

APWASI collects Personal Information when you choose to submit it through e-mail, an online form, or other method. We also collect information through cookies (see “APWASI Use of ‘Cookies’ section below for detail).

APWASI also maintains a log of certain information concerning visitors to our websites, including but not limited to, internet protocol (“IP”) address (a computer’s numerical Internet address), third party websites from which visitors access our website, type of web browsers used, and pages viewed. Such information may be treated as Personal Information.

By your use of the Service you consent to our use and disclosure of your Personal Information in accordance with this Privacy Policy.

The Service is an internet-based, hosted platform designed to deliver online education to individuals, companies, and organizations who subscribe to the service.

We may provide your information to trusted partners who work on behalf of, or with, APWASI under confidentiality agreements to help APWASI provide the Service. They may also assist APWASI in communicating with you about the Service and about offers from APWASI and our partners, where you have given us appropriate permissions.

When registering for or using the Service, you may be prompted to give us information about yourself such as your name and email address. When you configure your account settings, you may enter additional information about yourself. You may also select user configuration settings that determine how the Service looks and functions. You may, at times, also send us an e-mail which may contain not only your e-mail address, but other information about you, including home or business addresses, telephone numbers, or account details. The information you give us may also include statements you make on the Service such as testimonials, services reviews, or other statements that may identify you personally.

We will provide you with a user ID (an e-mail address) and account activation e-mail for you to access the Service and create a user “profile” for use as described below. When you first sign onto the Service, you will be presented with your profile, which contains the information supplied to us. You will be able to update or correct any of the contact information in your profile. You may receive certain e-mails relating to your use of the Service. Your contact information is also added to APWASI’s directory of current and former users of the Service.

We may use your Personal Information to contact you regarding your use of the Service, for customer support purposes, and to inform you of updates, modifications and other matters relating to the Service, and information about others services that we offer in accordance with your subscription preferences. You may decline to receive mail or e-mail from us that does not relate directly to your access to or use of the Service by selecting the opt-out link contained in any such e-mail or by contacting us at it@APWASI.com.

APWASI also will maintain a history of your access to the Service, and certain actions taken by you while accessing the Service, a log of users’ IP addresses, the third-party Website from which users access the Service, the type of web browsers used to access the Service and the browser’s settings that may affect Service performance (collectively, “Usage Log Information”). For purposes of maintaining and enhancing Service performance and security, APWASI may use Usage Log Information, information about your browser, and other local computer settings. We also may use Usage Log Information to tailor our communications to you about the Service, and contact you in relation to providing support. We also may aggregate Usage Log Information to create or publish statistical analyses and reports about Service usage. We will not authorize the publication of Personal Information about any user without the prior written consent of such person.

Information about You Received from Mobile Application

When you download and use the Service via our mobile application, we automatically collect information on the type of device you use, operating system version, user identification, and device identifier.

We may send you push notifications. You may turn off push notifications at the device level.

In addition to the uses described above of the information received in connection with your use of the Service, APWASI uses and, where specified, shares your information:

To provide support or other services that you have requested, and to respond to your inquiries.

To engage in transactions with you, including contacting you about your account or transactions.

To process transactions, APWASI may use financial, credit card and payment information that you provide. APWASI may need to share some of this information with suppliers, delivery services, credit card clearing houses and other third parties to complete the transactions.

To notify you of relevant opportunities such as new product releases and service developments, related facts or programming that may be relevant to you.

To provide online forums and social networks. The Service allows users the option to participate in interactive discussions and post comments and other content. Note that any information you share may become publicly accessible.

To improve quality and facilitate use of the Service.
To operate the Service through the assistance of third parties. APWASI may use services from third-party service providers, such as hosting services and software developers, in support of its operation of the Service. When doing so, we will take steps to ensure that such service providers implement appropriate privacy and security measures consistent with this Privacy Policy to safeguard against the unauthorized use or disclosure of your information. These companies are authorized to use your personal information only as necessary to provide these services to us.

To comply with legal requirements. In addition, we may also disclose information about you as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is reasonably necessary to enforce our rights or protect our operations or users or others investigate fraud, or in response to legal processes or governmental investigations in accordance with our internal policy on access by governmental authorities, or under exigent circumstances in response to a perceived significant threat to a person’s health or property.

LOCATION-BASED SERVICES

The device you use to access the Website or Service may provide your location to us. This information may be shared where location is relevant to completion of the coursework.

SECURITY

APWASI takes appropriate and reasonable precautions to implement appropriate administrative and technical procedures to protect the security of Personal Information provided or generated through the Service. We permit persons working for us to access and use your information only in a manner consistent with this Privacy Policy.

We protect the security of your information during transmission by using Transport Layer Security (TLS) and Secure Sockets Layer (SSL) software or other encryption technology, which encrypts information you input. Wherever appropriate, we obfuscate and/or encrypt information in our systems and/or during information transfer. APWASI regularly reviews the cryptographic protocols it uses to protect the privacy and security of your Personal Information.

Because of the nature of internet and for other reasons, we cannot guarantee the security of your Personal Information, so you should take precautions to protect it when you are on the internet, such as changing passwords often, using a combination of letters and numbers when creating passwords, using a secure browser and being sure to log off the Service when finished using a shared computer.

THIRD-PARTY SITES

The Service may include hyperlinks to third-party website neither owned nor managed by us, and, as described above, you may use certain Third-Party Services in connection with the education issued through the Service. APWASI has no control over these Third-Party Services and your interactions with those third parties are subject to their privacy policies and terms of use.

We may collect information about you and your use of the Service through electronic communications protocols, web beacons, cookies, embedded URLs, pixel tags and related devices or technologies.

As is true when you visit most websites, certain information is automatically generated and stored about your visits. Such information may include: network routing information (for example, where you came from); equipment information (for example, device type, operating system, browser type); IP address, and dates and times of your visits.

We may use your Personal Information to inform you about other APWASI services that might interest you and to gather feedback from you.

A cookie is a small piece of information, sent by a web server to a web browser, that is stored on your computer so that it can later be read, allowing the server to uniquely identify the browser. Some cookies may remain on a user’s computer after the user leaves the Website. Most browsers provide you with information on and control over cookies, including a feature to opt-out of the use of cookies. You can set your browser to alert you when a cookie is being used, and accept or reject it. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. However, you may not be able to use some features of the Service if you disable cookies. For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.com which has further information about behavioral advertising and online privacy.

Our Website uses cookies or similar technologies to distinguish you from other users and to collect information about your online preferences and to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. This helps us provide you with a good experience when you browse our websites and allows us to improve our websites. Our main purpose in using cookies is to facilitate and enhance communications and interactions between you and our websites, but cookies can be used for other purposes. Cookies for the Service may collect a unique identifier, user configuration settings and profile information. APWASI also uses cookies to collect general usage and volume statistical information that does not include personally identifiable information.

Strictly necessary cookies required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website.
Analytical/performance cookies that collect information about how you use our Website. They allow us to recognize and count the number of visitors and to see how visitors move around our Website. This helps us to improve the way our Website work. These cookies are sometimes placed by third party providers of web traffic analysis services, such as Google Analytics.
Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our Website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other Website that you visit and this information is shared with third-party organizations, for example advertisers.
We use Google Analytics. For information on how Google processes and collects your information regarding this product and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.

APWASI and its service providers, vendors and partners, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.

If you reside in the European Economic Area (“EEA”), subject to certain exceptions, you have a right to:

Learn whether we are processing your Personal Information and, if so, to gain access to it and certain information about it.
Have inaccurate Personal Information corrected or removed, and have incomplete Personal Information completed.
Have your Personal Information erased when:
It is no longer necessary for the purposes collected;
You withdraw consent to process it;
We have processed it unlawfully; or
EU or Member State law to which we are subject requires erasure.
Restrict our processing of your Personal Information when:
You contest its accuracy (for a period necessary to verify it);
The processing is unlawful and you prefer restriction of use to erasure; or
We no longer need the data, but you need it in connection with legal claims.
Obtain in usable form the Personal Information you gave us and, if technically feasible, require its transmittal directly to another controller that you designate.
Lodge a complaint with a Member State data protection supervisory authority.
To exercise these rights, you may communicate with our Primary Point of Contact for Privacy, using the contact information at the end of this Privacy Policy.

If you reside in the EEA, APWASI will process your Personal Information in accordance with all applicable data protection legislation.

Do not send us any sensitive Personal Information (e.g., social security numbers or other national identifiers, or information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life or sexual orientation, genetic or biometric information, criminal background, or trade union membership).

Upon request APWASI will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging into your account or contacting us at it@APWASI.com. We will respond to your request within a reasonable timeframe.

APWASI may retain your Personal Information for as long as your account is active and so long as retention is required or permitted in accordance with this Privacy Policy, or otherwise by law. When APWASI deletes your Personal Information, APWASI will do so in a manner designed to ensure that it cannot be reconstructed.

For the purpose of providing the Service and associated support including answering any questions you may have, APWASI may view and process your Personal Information from nations outside the EEA that are deemed by the EU to have non-adequate data protection laws, including the Canadian.

The free version of the Service is intended for use by adults only. APWASI does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of eighteenexcept for pursuant to the COPPA-Compliant solution described below. If you believe that a person under the age of eighteen has disclosed Personally Identifiable information through the Service, other than through the COPPA-Compliant solution, please report this to us immediately by e-mailing us at: info@APWASI.com with “Notice of Underage Person” in the subject line.

APWASI may provide our investors, partners, and others with aggregated information (i.e., information that does not identify users personally) concerning users of the Service. In addition, APWASI may disclose your Personal Information to a successor or acquiring entity as part of a merger, acquisition, reorganization, or other transaction involving all or substantially all of APWASI’s assets or shares, or the business to which the Service relates. If APWASI were sold to or merged with another company, that company will agree to abide by the terms of this Privacy Policy.

You will be notified via email or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. You have the right to request that your Personal Information be removed from our records at any time.

We may update this Privacy Policy from time to time, and the updated version will be effective upon posting as to our treatment of subsequently acquired Personal Information. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. Please check the revision date at the beginning of this Privacy Policy periodically to check for revisions. By continuing to use the Service, including the Website, after a revised version has been posted, you agree to be bound by the revised Privacy Policy as to subsequently acquired Personal Information.

If you have questions about this Privacy Policy and our information practices, please contact us by e-mail at info@APWASI.com or at the following address:

You acknowledge and agree that APWASI’ services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that APWASI, at its sole discretion, may limit, suspend, or terminate your use of all APWASI-provided services related to APWASI’ programs, such as access to APWASI courses, evaluation services, or certifications. You also understand that APWASI may modify or discontinue all services related to its programs at its sole discretion.

You expressly acknowledge and agree that your use of the Class Sites, the Online Courses and all Content and services available on the Class Sites is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS”, “WITH ALL FAULTS” , AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.

APWASI AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS ONLINE SERVICE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS ONLINE SERVICE OR ANY OTHER WEBSITE LINKED TO THIS ONLINE SERVICE. THE MATERIALS OF THIS ONLINE SERVICE MAY BE OUT OF DATE, AND APWASI MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS ONLINE SERVICE. THE ONLINE SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET; YOU ACKNOWLEDGE THAT APWASI AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET. APWASI DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SERVICE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. APWASI DOES NOT WARRANT THAT THIS ONLINE SERVICE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS ONLINE SERVICE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CLASS SITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASS SITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

IN NO EVENT WILL APWASI AND ITS LICENSORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THIS ONLINE SERVICE, ANY WEBSITES LINKED TO THIS ONLINE SERVICE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH ONLINE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WHILE YOUR USE OF THE ONLINE SERVICE IS AT YOUR OWN RISK, IF APWASI SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE ONLINE SERVICE, APWASI’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE LESSER OF $500 OR THE AMOUNT OF FEES PAID TO APWASI BY YOU OR YOUR SUBSCRIBING ORGANIZATION FOR THE APPLICABLE PORTION OF THE ONLINE SERVICE IN THE PRECEDING SIX (6) MONTHS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, APWASI AND ITS LICENSORS WOULD NOT PROVIDE THE ONLINE SERVICE OR THE MATERIALS ACCESSIBLE HEREIN.

The Class Sites may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. APWASI does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Class Sites at any time for any reason or for no reason.

APWASI WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

You agree to defend, indemnify and hold harmless APWASI, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) Your use of the Online Service; (ii) Your violation of this Agreement; (iii) incomplete or inaccurate information or data provided by You; (iv) unauthorized use of any content or materials available on or through the Online Service; or (v) any content You upload or post to the Online Service. Notwithstanding the foregoing, You are not required to indemnify APWASI against claims that the Online Service, when used for the Authorized Use, infringe upon the intellectual property rights of any third party. APWASI reserves the right, at its discretion, to assume or participate, at Your and Your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without APWASI’ prior written consent unless such settlement includes a complete release of APWASI from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, APWASI.

You agree that APWASI, in its sole discretion, may deactivate your account or otherwise terminate your use of the Class Sites or Online Courses for any reason or no reason, including, without limitation, if APWASI believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Class Sites; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Class Sites or Online Courses may be effected without prior notice to you and that APWASI shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that APWASI may retain and store your information on APWASI’ systems notwithstanding any termination of your account or the Online Courses.

APWASI respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide APWASI’ Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
• a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
• a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable 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 product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

APWASI Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
info@apwasi.com heading Copyright

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. In any case, you affirm that you are over the age of 18 as the Online Courses are not intended for children under 18. If you under 18 years of age, do not use the Class Sites or Online Courses.

APWASI may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of APWASI.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia Canada, as it is applied to agreements entered into and to be performed entirely within British Columbia and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by APWASI, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Class Sites or Online Courses, shall be subject only to the jurisdiction of the courts located in Vancouver, British Columbia. APWASI makes no representations that the Class Sites operate (or are legally permitted to operate) in all geographic areas, or that the Class Sites, or information, services or products offered through the Class Sites are appropriate or available for use in other locations.

Accessing the Class Sites from territories where the Class Sites, or any content or functionality of the Class Sites or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Class Sites, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. APWASI shall have no liability under these Terms of Use to the extent arising from any failure of APWASI to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within APWASI’ reasonable control. APWASI shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of APWASI to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and APWASI relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Class Sites by APWASI or through a specific writing between you and APWASI.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:

Email: info@apwasi.com
The section titles herein are displayed for convenience only and have no legal effect.
Our Terms of Use were last updated on June 18^th, 2020.