Gilkron Novacourses Usage Agreement

GENERAL

1. “Agreement” means the entire contract between Gilkron and you for the provision of the Service and includes our Privacy Policy stated in our Privacy Statement. It supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the Service, hereof, oral or written.
2. The Agreement contains terms and conditions of use (Terms) for the Site.  All dealings through the Site are subject to these Terms. The use of the Site constitutes your acceptance of the terms of this Agreement as a le-gally binding agreement. If you do not agree with the terms of this Agreement you must not use the Site or make any contribution of course materials to the Site.
3. The content provided on the Site, is made available by Gilkron. Content includes but is not limited to Courseware, service-related, commercial and legal information provided Gilkron as well as information con-tained in communications facilities.
4. The Site provides access to Content that you may listen to, view or download in accordance with this Agree-ment upon payment of any applicable purchase price.
5. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site

Amendment

6. We reserve the right, at our sole and absolute discretion, to amend (including but not limited to, changing, modifying, adding, or removing portions of the terms of this Agreement) at any time without notice and, un-less otherwise indicated, such changes will become effective immediately. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement for your records as it may be changed from time to time.

Waiver

7. Gilkron’s failure or delay to enforce the strict performance of any term of this Agreement does not constitute a waiver of Gilkron’s right to enforce such terms or any other terms of this Agreement at a later date.
8. No waiver of any provision of this Agreement shall be effective unless in writing.

Severability

9. Should any terms of this Agreement be or become unlawful, void or unenforceable for any reason then that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

Notice

10. Any and all notices to be given by us to you or by you to us in regards to or in connection with the terms of this Agreement shall be deemed sufficiently given when such notices are sent by e-mail to you at the e-mail address you provided to us or to us at the e-mail address or facsimile number on the Site.

PROVISION OF SERVICES

11. The Service provided by the Site is accessed via the Internet. Gilkron cannot and does not guarantee the per-formance of the Internet.
12. We do not warrant that:

• Access to the Site will be uninterrupted or error free,
• The Service available at the Site will be available at all times and/or will never be faulty.

13. Gilkron does not warrant that this Site will be compatible with all hardware and software that you may use.
14. If for any reason Gilkron any portion of the Site cannot run as planned because of some problem beyond our control including, but not limited to,

• Technical failures to the hardware, software, network communications or other IT infrastructure,
• Security or access control restrictions implemented by ISPs, telecommunications, certification authorities, other service providers or government bodies,
• Infection or disruption by:
   i. Computer virus,
   ii. Tampering
   iii. Unauthorized access or intervention
   iv. Fraud
   v. Denial of service attacks
   vi. Power outages
   vii. Service disruptions
   viii. Externally-imposed restrictions or interventions
• Scheduled or emergency maintenance, or
• Any other causes beyond the control of Gilkron

we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit access and use of the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof.
15. Gilkron may also:

• Prohibit access and use of the Service,
• Amend instructions for the Service or for use of the Site
• Add services or change any services available on the Site
• Withdraw any services available on the Site
• Cancel, terminate, modify, suspend or suspend access to the Site or any portion thereof to, inter alia:
  o Make repairs
  o Carry out upgrades to improve the performance or functionality of the Site
  o Nonuse or
  o For whatever other reason.
  

Gilkron shall attempt to give users as much notice as is reasonably practical in the circumstances.
16. If a fault occurs you should report the fault to Gilkron. Gilkron will make a good faith effort to respond to such communications submitted through the Site.
17. Gilkron will correct or make a bona fide effort to correct reported faults that it can rectify as soon as it reasona-bly can.

Payment, Registration and Security

18. To purchase Courseware on the Site you must be an Authorized User of the Site. To register to become an Authorized user, you must provide information including but not limited to a username, password and valid primary and secondary email addresses. We will use this information in accordance with our Privacy Policy set forth in our Privacy Statement. As a Authorized User of the Site you will set up a user account through which you may purchase the Courseware and use the Service provided at the Site.
Payment
19. Payment must be made either at the time of order by credit or debit card unless Gilkron has agreed to your Ac-count operating as a corporate account. A firm or company can set up a corporate account with prior written authorization from Gilkron. If your Account is a corporate account you will be invoiced for the Fees due, Gilk-ron may charge:
∑ Interest on any outstanding amounts due or
∑ For reimbursement of bank or other charges.

YOUR USAGE OBLIGATIONS

20. You are responsible for the provision and payment of:

• The telecommunications services
• Asuitable computer, browser, modem and any other hardware, software or communications equipment necessary to enable you to access the Services available on the Site, receive Courseware or make contribu-tions.

21. When you register for the Service available at the Site you will be asked to select a user name and password. You will be responsible for all activities that occur under your user name and password, and ensure that your user name and password are kept confidential. We will not be held liable for any losses incurred due to unau-thorized use of Your Account by any third party.
22. Gilkron reserves the right to perform one-way encryption of passwords for account maintenance purposes.
23. You must immediately notify us of any unauthorized use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require that you change your username and password if we believe that they are no longer secure.
24. You are responsible for making back-up copies of all your data and taking appropriate precautions against vi-ruses, hacking and other types of computer misuse.
25. Whenever you provide information for the Site, you agree to provide accurate, up to date and complete details. You do not have to provide us with any optional information requested.
26. You agree not to:

• Enter the Site using another user’s details, impersonate another person or use a false name or a name you are not authorized to use,
• Create a false origin or email address or try to mislead us or others as to your identity or true origin of any communications or to provide inaccurate or unreliable contact details except with the prior, ex-press written permission of Gilkron
• Circumvent any security or other technical protection measure,
• Change, access or make available information or content stored on a computer or device which you have accessed through our network, when either (a) the owner of the data, computer or device has taken steps to prevent you from doing this or (b) the owner has expressed they do not want you to do this,
• Damage, interfere with or disrupt access to the Site or do anything which may impair its functionality or the functionality of the Service available at the Site,
• Copy or make use of any service listings, descriptions, or prices listed on this Site without the ex-press written consent of Gilkron,
• Falsify the true ownership of content or other material or information on the Site,
• Obtain or attempt to obtain unauthorized access to the Site,
• Use the Site for any purpose or in any way that is prohibited by this Agreement or is otherwise un-lawful,
• Use:
   i. Any robot, spider, data mining, software agent other automatic device, or manual process to monitor, gather or extract the contents or any information contained in the Site ii. Any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site or any transaction being conducted through the Site
  without our prior express written consent.
• Download (other than page caching) or modify the Site, or any portion of it, except with Gilkron’s express written consent.
• Infringe or violate any intellectual property rights as described in the Intellectual Property section of this Agreement.

Use of Communications Facilities

27. Gilkron offers communications facilities on this Site including e-mail, broadcast messaging, news, blogs, chat areas, discussion forums or message boards, Gilkron does not make any guarantee as to the availability, per-formance or continued provision of these services and reserves the right to modify or to terminate the provision of all or any of these services at any time as well as the right to establish general rules and limits concerning use of its communications facilities.
28. If you use any communications facilities offered on this Site, you must not:

• Abuse, harass or threaten others or restrict or inhibit any other user from using and enjoying the commu-nications facilities,
• Publish, upload, distribute, disseminate or otherwise transmit any defamatory, offensive, obscene, inde-cent, pornographic, bigoted, hateful, vulgar, discourteous or other unlawful or objectionable material or in-formation on or from the Site,
• Collect information about others (such as names and addresses) without their prior consent,
• Advocate illegal activity or discuss illegal activities with the intent to commit them,
• Resell, redistribute, broadcast or transfer the information or use the information from the Site in a search-able, machine-readable database,
• Use the communications facilities for commercial purposes of any kind other than to facilitate a transac-tion on the Site and/or in contradiction to our Anti-Spam Policy (listed below),
• Transmit, store or communicate any material which is irrelevant to the subject matter,
• Solicit other users to join, become members of, or contribute money to any online service or other orga-nization,
• Make available, upload or distribute on or from the Site by any means any material or files that corrupt data, seriously disrupt online activities, or contain any viruses, bots, Trojan horses, time bombs, worms, or any other harmful software intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information,
• Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers,
• Delete any author contributions, legal notices or proprietary designations or labels in any file which is up-loaded or falsify the origin or source of the material which is transmitted or communicated,
• Transmit applications or files that make excessive demands on bandwidth,
• Use the communications facilities provided through this Site, or to receive any newsletter or service under more than one user name and/or user account number without Gilkron’s consent,
• Send information or material (including, but not limited to, postings, messages, text, files, images, pho-tos, video, sounds or the like) that:
• Is copyrighted and you are not the copyright owner nor have the permission of the copyright owner to post it
• Reveals trade secrets that you don not own nor have the permission of the owner;
• Infringes on any other intellectual property rights of others or on the privacy or publicity rights of others or is otherwise unlawful.

29. When you visit our Site, send e-mails to us, or use our communications facilities, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communi-cations be in writing.
Gilkron will make a good faith effort to respond to communications submitted through the Services, but has no liabil-ity, obligation or responsibility to users who submit such communications.

Anti-Spam Policy

While we encourage you to refer friends, family, colleagues, and others to use services offered by Gilkron, you may do so only through methods that are consistent with the terms and conditions of your own ISP as well as prevailing laws, standards of acceptable Internet use and behavior.
30. You may not use Gilkron’s name or other intellectual property of Gilkron in conjunction with the sending of unsolicited email,
31. You many not cause or cause Gilkron’s equipment, network connectivity, or other resources to be used to originate, deliver, relay, or otherwise transmit unsolicited email messages.
32. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, re-mailing service, or address forwarding service, in such a way that Gilkron’s network or services can be, in any way, identified as being associated with the sending of unsolicited email.

Communications obligations

33. By sending information or materials through the communications facilities of the Site, you warrant and repre-sent that you own or otherwise control all of the rights to the content.
34. By posting a message on Site you warrant that your message complies with the terms and conditions of this Agreement and/or any relevant laws and regulations in force from time to time
35. You are solely responsible for the content of your messages, uploads, and postings and shall indemnify and hold Gilkron harmless for the content of such messages, postings, and uploads.
36. By uploading materials to any chat room, discussion board, e-mail or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly per-form and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe and sublicense such rights through multiple tiers of sub licensees. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Communications Caveats

When participating in a blog, discussion forum, chat room, e-mail discussion or other form of online communications, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, discussion forum, blog or other user generated content area. Information obtained in a blog, discussion forum, chat room, e-mail discussion or other form of online communications may not be reliable, and it is not a good idea to trade or make any business or legal decisions based solely or largely on information you cannot confirm.
37. We cannot be responsible for the content created in these blogs, discussion forums, chat rooms, e-mail mes-sages or broadcasts.
38. Gilkron has no obligation to monitor the contents transmitted or posted through its communications facilities, but reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Gilkron’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that Gilkron reserves the right to, and may from time to time, monitor any and all information transmitted or received through its Sites, for operational and other purposes. During monitoring, information may be exam-ined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Serv-ice constitutes consent to such monitoring. 
39. Incidents of inappropriate behavior on our Site should be reported to us as per the procedures described in the section titled ‘Notification of improper behavior.’

CONTENT

Courseware

40. All Courseware advertised on the Site is subject to availability and may be withdrawn, amended or replaced without notice.
41. Courseware may contain typographical errors or inaccuracies. Consequently Gilkron does not warrant the Accu-racy or Completeness of the Courseware.
42. Gilkron reserves the right to vary or cancel a learning object (e.g. a course) when necessary.
43. The Service enables Authorized Users to access Courseware, which are protected by intellectual property and re-lated rights of Gilkron and its licensors. Gilkron grants Authorized Users a license to use the Training Material on the following terms:

• Subject to:
  o The term immediately below,
  o Payment of the appropriate Fees, and
  o Unless indicated to the contrary on the Site,
  any Courseware accessed may be retained for an unlimited period and viewed as many times as wished provided it is used for private and internal business use only (the “Approved Use”). Authorized Users may make, and use, such copies of the Training Material as are reasonably necessary to enable the Approved Use only. Gilkron and its licensors reserve all other rights and the Courseware are not trans-ferable. 
  

• Notwithstanding the license of Rights above CLE/CPE/CPD Points will only be awarded to Authorized Users who view the Courseware in accordance with the CLE/CPE/CPD Requirements.

44. Gilkron will make Courseware available to you via the Site from enrollment until the earlier of:

• Your successful completion of the course  
• Your notification to us, in writing or by email, that you have completed the course and no longer require access to the Services;
• Your failure to access the course materials for at least 90 days.

Software

45. Any software made available on the Site and/or any instructions regarding the use of any software available on this Site is provided ‘as is’ without any representation or warranty, express or implied, of any kind including, but not limited to, warranties of non infringement or fitness for any particular purpose, unless stated otherwise.

INTELLECTUAL PROPERTY

46. The Site is controlled and operated by Gikron, and all materials on the Site including images, text, illustra-tions, logos, audio and video files (collectively “intellectual property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Gikron, or owned by other parties who have licensed their intellectual property to Gikron. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of Gilkron and is protected by both local laws and international intellectual property rights treaties.
47. Material from the Site and from any other Site owned, operated, controlled, or licensed by Gilkron may not be copied, reproduced, combined with other materials, included in a database, republished, uploaded, posted, trans-mitted, or distributed in any way except with the express written permission of Gilkron.
48. Use or modification of Gilkron intellectual property in any form, including but not limited to use on any other Site or networked computer environment, without express written authorization is a violation of Gilkron’s in-tellectual property and proprietary rights and is strictly prohibited except with the express written permission of Gilkron.
49. Gilkron accommodates and does not interfere with standard technical measures used by copyright owners to pro-tect their materials.
50. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary informa-tion (including images, text, page layout, or form) of Gilkron without express written consent. You may not use any meta tags or any other “hidden text” utilizing Gilkron’s name or trademarks without our express writ-ten consent.
51. You agree not to

• Copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site
• Resell or make commercial use of this site, its services or its contents

without our prior express written consent.

Publication

52. You agree that publication of courseware and other materials is deemed to take place in Hong Kong unless oth-erwise agreed with Gilkron.

NOTIFICATION OF IMPROPER BEHAVIOR OR TECHNICAL PROBLEMS

Notices regarding infringing or defamatory activity
53. All notices regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be made in writing and sent to:

Gilkron Ltd.
Room 1712, Asian House
One Hennessy Road
Wanchai, Hong Kong, SAR

54. The notice should contain:

• A physical signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
• Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, fax number and/or electronic mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the relevant intellectual property right or rights, the agent of such owner, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on be-half of the person defamed.

Gilkron will make a good faith effort to respond to communications submitted through the Site, but has no liability, obligation or responsibility to users who submit such communications.

Sanctions and Rectification

55. In the event that you send any content that breaches the provisions stated above, Gilkron reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. Gilkron will not be liable to you if it removes any content because it believes that such content breaches the provisions of this Agreement.
56. Gilkron shall have the right to record the IP address from which any user submitted content is transmitted or communicated through this Site, without notice
57. Gilkron may also preserve any content that you send or receive if required to do so by law or if reasonably re-quired to ensure compliance with the terms of this Agreement or to respond to third party complaints about such content.
58. Gilkron reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and may make any other changes to the Site at any time without notice.
59. Gilkron reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
60. Gilkron reserves the right to terminate your access to the Site and services available on the Site for violating the law, this Agreement, or if it determines in its sole and absolute discretion that you are involved in infring-ing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or ac-tivity is ultimately determined to be infringing.

Complaints

61. Incidents of inappropriate behavior on our Site or technical problems related to the operation of this Site and/or services available on this Site should be reported to us.
62. All complaints should be made in writing and sent to either support@gilkron.com or mailed to:

Gilkron Ltd.
Room 1712, Asian House
One Hennessy Road
Wanchai, Hong Kong, SAR

Gilkron will make a good faith effort to respond to communications submitted through the Site, but does not guarantee that the technical advice provided by us, our agents or technical partners will resolve your technical problems. 

LINKING TO THE SITE

63. Please contact Gilkron when you link to or wish to link to the Site. Any linking to the Site will be at your own risk and expense.
64. By linking to the Services, you agree that you will not:

• Imply in any way, by manner of presentation of the link or otherwise, that Gilkron endorses your site, products or services, or that you are affiliated with Gilkron in any way.
• Frame Gilkron content, surround it with your own advertising or identity, or charge a fee for any link to the Services.
• Link to the Site from any Web page or Web site containing defamatory, obscene or criminal material, or mate-rial that infringes, violates, or advocates the infringement or violation of any third party rights.
• Host, publish, broadcast, rewrite or redistribute any content on the Services

except with the express written consent of Gilkron.

LIABILITY

65. Although we try to ensure that the Site does not contain any error, defect, malfunction or corruption, Gilkron will not be liable for any computer malware, any damage to or any loss of data on your computer system, net-work, servers, clients including mobile device, or other losses suffered by you that result from:

• The download of any materials made available via the Site or from the use of this Site
• Delays or non-delivery of content or any communications
• Mis-deliveries or miscommunications
• Network or system outages
• File corruption
• Service interruptions beyond Gilkron’s control
• Unauthorized access to IT infrastructure used by Gilkron
• Your own errors or omissions

66. Gilkron will not issue refunds against Courseware Fees or accept responsibility for any delay or inability to ac-cess any part of the Service or the Courseware due to any faults of, or your means of access to, the Internet or your reception of the Service and the Courseware.
67. We will not be held liable for any losses incurred due to unauthorized use of Your Account by any third party.
68. Opinions expressed on the Site are not the opinions of Gilkron or the operators of the Site. Gilkron does not warrant the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such advice, opinion, statement or other information shall be at your own risk and we accept no liability for any reliance placed on such opinions.
69. Any liability whether in contract, tort or otherwise on our part in respect of any defect in the Courseware or of any duty owed to you under or in connection with this Agreement shall be further restricted in the aggregate to the repayment of the amount paid by you for the Courseware or services in question.
70. Gilkron shall have no liability for damage, loss or expense resulting from the failure to give advice or informa-tion or the giving of inaccurate advice or information, whether on the Site or elsewhere, including when this has resulted from our negligence or that of any of our employees, agents, sub-contractors, ISPs, application or service providers.
71. Gilkron does not accept liability for damage, death or personal injury caused by your own negligent use of the Site
72. You shall indemnify us for any loss that we directly or indirectly suffer as a result of any breach of this Agreement by you.
73. Gilkron will not accept liability if, for whatever reason, a course does not take place.
74. You shall not sue or seek to recover any damages or other payment from us or our agents, representatives, partners, employees, licensors, content and technology providers, and any related company as a result of Gilk-ron’s decision to terminate or suspend the services currently provided on the Site.
75. You accept that your use of the Site and the services provided by it is at your own risk. Save as expressly per-mitted in this Agreement, all warranties, conditions or other terms implied by statute, common law or other-wise are excluded to the fullest extent permitted by law.

MISCELLANEOUS

Jurisdiction

76. This Agreement is governed by and shall be construed in accordance with the laws of the Hong Kong SAR.
77. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be subject to either:

• The exclusive jurisdiction of the courts of the Hong Kong SAR and you hereby consent and submit to the personal jurisdiction of such courts or
• Alternatively, should you wish to resolve any disputes with Gilkron through alternative dispute reso-lution (ADR), including arbitration, mediation or negotiation, you agree to conduct any such ADR in Hong Kong.

Minors

78. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to regis-ter for services provided at this Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Service; and (c) the consequences of any use of the Service by such Minor.

CONTRIBUTORS

Terms applying to Contributors

79. Individuals, firms and organizations may submit training materials (i.e. ‘contributions’) to Gilkron for inclu-sion on this Site.
80. For purposes of this (‘Contributor’) section, “materials” refers to online course documents, recordings, videos, and all associated reference documents, videos, and recordings.
81. All contributions must include a Title (maximum 10 words), a description of the course (maximum 50 words), a biography (maximum 70 words). You may optionally include a short description of the intended audience and duration.
82. Contributors may combine online courseware submissions with reference documents, videos, and recordings.
83. Contributors are responsible for obtaining permissions from copyright holders for reproducing or including any illustrations, tables, figures or lengthy quotations previously published elsewhere.
84. Gilkron may request that a contributor provide permission letters to Gilkron.
85. Contributors agree to submit files as per specifications supplied by Gilkron.  Such specifications may stipu-late, inter alia, format, file type and other applicable standards for fonts, codecs, multimedia recording and/or content.
86. Upon acceptance, contributors will agree to assign copyright to Gilkron.
87. As noted elsewhere in this Agreement, Gilkron may remove content at any time for reasons specified elsewhere in this agreement.
88. Contributors may continue to post electronic versions of their materials, up to and including the version ini-tially accepted for publication, but excluding proofs, on any web page, server or electronic archive, provided that the contributor gives a reference to the published item this Site ('to appear', or with published page num-bers or URL link). Contributors should also include a statement that the two versions are different.
89. Contributors who wish to have their contributions enhanced with graphics, animations, synchronized audio, additional content, hyperlinks or other content-related enhancement will need to enter into a separate production contract with Gilkron and agree to pay any and all associated content enhancement costs, including production and content management fees, before their contributions are published on this Site.
90. Gilkron offers no guarantee with regards to potential numbers of visitors to its websites. Visitor numbers may vary depending on, inter alia, demand, system or network availability, topic, date or time.
91. Gilkron offers no guarantee with regards to potential revenues from its websites.
92. Contributors who have entered into a revenue sharing agreement with Gilkron agree to share revenues based on an agreed-to percentage of the net profits, if any, that remain after all relevant costs including, but not limited to, hosting, licensing, content management, content production, certification-related, professional organization-related and other fees have been deducted.  Gilkron will not provide a detailed break down of expenses related to individual contributions.
93. Contributors may not combine their contributions with other Gilkron publications, documents or courseware on any Gilkron site without Gilkron’s express authorization. 
94. Gilkron reserves the right to combine a contributor’s materials with other Gilkron publications, documents or courseware on any Gilkron site at any time, without the permission of the contributor. 
95. When a contributor publishes content on a Gilkron site, that contributor will be identified by the name the contributor has chosen to publish under. This may be the contributor’s real name if the contributor so chooses or the contributor may choose to publish under a pseudonym but only with express prior written authorization from Gilkron.
96. Gilkron makes no warranty regarding the accuracy of the identity or biographical background of individual con-tributors.

DEFINITIONS

In this agreement the following meanings shall apply:
“Gilkron” means Gilkron Limited whose registered office is Room 1712, Asian House, 1 Hennessy Road, Wanchai, Hong Kong SAR
“You” means the customer or contributor Gilkron makes the Agreement with and any person who Gilkron reasonably believes is acting with the customer’s authority or knowledge including the Authorized Users;
“Account” means the facility extended under this Agreement allowing you to order and receive Instructional Material;
“Agreement” means the entire contract between Gilkron and you for the provision of services at the Site and includes our Privacy Policy. It supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the Service, hereof, oral or written.
“Authorized Users” means the users notified to Gilkron in the Registration Form and from time to time authorized to order Courseware through your Account and receive CLE/CPE/CPD Points in accordance with the CLE/CPE/CPD Re-quirements;
“CLE/CPE/CPD Points” means the continuing legal education/professional education/development points issued by your relevant professional body;
“CLE/CPE/CPD Requirements” means the requirements for obtaining CPE/CPD Points for the Training Material as laid down by your relevant professional body and Gilkron from time to time. Please refer to your relevant Professional Body for guidelines on CLE/CPE/CPD;
“Content” refers to all information including Courseware, instructions or information made available through communi-cations services provided by the Site including but not limited to blogs, news, discussion forums, bulletin boards, e-mail and chat rooms.
“Courseware” means the electronic audiovisual training content and any supporting materials including assessments (i.e exam questions and exams) in whatever form, e-mail question responses available from time to time through the Serv-ice.
“Enroll” means the process of enrolling for a course and the term “enrolment” shall be construed accordingly. When you enroll this will involve you completing the relevant application forms;
 “Fees” means the charges for the Training Material as set out and amended from time to time on the Site;
 “IT’ means Information Technology
‘ISP’ means Internet Service Provider
“IT Infrastructure’ refers to computer, telecommunications and networking systems both hardware and software and in-cludes, but is not limited to:

• Client and server systems,
• Network hardware including routers,
• Firewalls, access control and other security systems,
• Databases,
• Software applications,
• Operating systems,
• Storage systems and storage media,
• Wireless and wired networks, 
• Mobile devices

“Mobile devices” includes but is not limited to laptop computers, mobile handsets, or PDAs.
“PDA” stands for Personal Digital Assistant
“Registration Form” means the Service registration form displayed and completed on-line;
“Service” means the instructional services and functions related to the provision of courseware. It also includes:

• Assessments,
• Automated alerts
• Communications services, including e-mail, broadcast messaging, blogs, chat rooms, news, discussion forums, bulletin boards, automated notification
• Courseware
• Certification,
• Rankings,
• System personalization
• Reporting
• User and Organization Management

provided by Gilkron at the Site;
“Site” means the Gilkron Novacourses Site