Terms of Use

These Terms of Use set out the terms and conditions for use of the Break of Dawn (“Website”) and any content, Public Forums, or services offered on or through the Website and/or any mobile application(s) (“Application”) (collectively referred to as the “Platform”).

These Terms of Use apply to end users of the Website (referred to as “Learners”, “You”, “Your”). These Terms of Use, including the Privacy Policy and any other terms and conditions published on the Platform or communicated to you from time to time (collectively referred to as the “Agreement”), define the relationship and responsibilities between You and Break of Dawn (as defined herein) in using the Platform. Your access to the Platform is subject to Your acceptance of this Agreement. Hence, please take Your time to read this Agreement.

When we speak of “Break of Dawn”, ‘we’, ‘us’, and ‘our’, we collectively mean Break of Dawn being the creator of this Platform and the content/materials/services contained therein.

By accessing this Platform, You are agreeing to be bound by the terms of this Agreement, and all applicable laws and regulations. From time to time, versions of the above-mentioned policies and terms are made available on the Platform for Your reference and to understand how we handle Your personal information. By using or visiting the Platform and services provided to You on, from, or through the Platform, You are expressly agreeing to the terms of the Agreement and any other terms that are updated from time to time.

If You disagree with any part of this Agreement or do not wish to be bound by the same, then please do not use the Platform in any manner.

If You’re an individual, You must be at least 18 (eighteen) years of age, or, if You are between the ages of 13 and 18, You must have Your parent or legal guardian's permission to use the Platform. By using the Platform, You are representing and warranting to us that You have obtained the appropriate consents/permissions to use the Platform. If You are under the age of 13 years or 16 years (depending on your country of residence), You may neither use our Platform in any manner nor may You register for any content or services offered therein.

To access any Content (as defined below) offered on the Platform, we require You to register for the same by providing Your name and email address. Please read our Privacy Policy to understand how we handle Your information. Further, You may also be required to make payment of a fee to access the Content, if applicable. For more information, please read our ‘Payments & Refunds’ section below. You represent that the information indicated by You during Your enrollment or registration for any Content on the Platform is true and complete, that You meet the eligibility requirements for use of the Platform and the Content offered therein, and You agree to update us upon any changes to the information by writing to us at the contact information provided in the ‘Contact Us’ section below.

For the purpose of this Agreement, “Content” shall mean and include any course or session (whether pre-recorded or live) published by Break of Dawn on the Platform, including, but not limited to any reference materials and text files (if any) offered to You as part of the Content.

When You register or enroll for any Content on the Platform, You may also have access to discussion forums that enable You to exchange Your thoughts and knowledge in relation to the Content or its subject matter, with us and other registrants to the Content (“Public Forum”). Participating in the Public Forum is completely Your choice and by registering or enrolling in a Content on the Platform, You are not obligated to participate in such Public Forum.

We maintain and reserve the right to refuse access to the Platform or remove content posted by You in the Public Forums at any time without notice to You if, in our opinion, You have violated any provision of this Agreement.

Further, to access the Platform and/or view the content on the Platform, You will need to use a “Supported/Compatible Device,” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which You are authorized to operate the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that You use is compatible with any of the systems/software used on the Platform to access the content/material offered therein.

You are granted a limited, non-exclusive license to access and view the Content on the Platform for Your own personal, non-commercial use only. Further, if so allowed on the Platform, You may temporarily download one copy of any downloadable Content [including Creator Content (defined below)] on the Platform for personal and non-commercial transitory viewing only.

This license does not grant You the right to assign or sublicense the license granted under this Agreement to anyone else. Further, You may not:

1. Modify, edit, or copy the Content, Creator Content, or any material made available on the Platform;
2. Create derivative works or exploit any material made available on the Platform (including the Content and Creator Content) or any portion thereof (including, but not limited to any copyrighted material, trademarks, or other proprietary information contained therein) in a manner that is not permitted under this license granted to You;
3. Publicly display (commercially or non-commercially) the Content, Creator Content, or any material made available on the Platform or otherwise use the same for any commercial purpose;
4. Attempt to decompile or reverse engineer any software contained in the Platform;
5. Remove any copyright or other proprietary notations from the Content, Creator Content, or any material made available on the Platform; or
6. Transfer any material made available on the Platform to another person or 'mirror' the same on any other server.

For the purpose of this Agreement, “Creator Content” shall mean and include any audio files, video files, audio-visual files, images, text materials (including .doc, .docx, and .pdfs) (other than the Content) uploaded or otherwise published on the Platform by Break of Dawn to be accessed by You, including, but not limited to any such content/material posted by Break of Dawn in any Public Forum (defined below).

This license shall automatically terminate if You violate any of these restrictions and may be terminated by us at any time. Upon termination of this license granted to You or Your viewing of any material on the Platform (including Content and Creator Content), You must destroy any downloaded materials in Your possession (whether in electronic or printed format).

The Platform includes provision and facilitation of Public Forums designed to enable You to communicate with us and other registrants to the Content You have registered for. As stated above, use of these Public Forums is completely Your choice and by registering for a Content, you are not obligated to participate in the Public Forum. However, if You choose to participate, You agree to adhere to the terms specified in the ‘Code of Conduct’ section hereinbelow and such other terms as may be published on our Platform. If it comes to our notice that Your conduct is in violation of the terms of this Agreement, then we may terminate or suspend Your access to any Public Forums at any time, without notice, for any reason. You represent and warrant that You own and control all rights in and to any content (including without limitation chats, postings, or materials) uploaded or posted by You on the Public Forums or anywhere on the Platform (“Learner Content”), or that You are licensed to use and reproduce such Learner Content. We are not responsible for the information that You choose to share on the Public Forums, or for the actions of other users therein. You further understand and agree that You shall be solely responsible for the Learner Content, including its legality, reliability, accuracy, and appropriateness, and the consequences of its publication.

Further, if you do post content or submit any Learner Content on the Platform, and unless otherwise indicated by You in writing (emails included) to us, You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content throughout the world in any media.

If You register for any paid Content on the Platform, You will be required to provide us with certain payment information and You authorize us to charge You for the applicable fees. The fees for the Content are clearly stated on the Platform, and You agree to pay any applicable taxes.

All purchases of Content on the Platform are final and non-refundable. However, we may, in our sole discretion, provide refunds in cases where technical issues arise that are not attributable to you, or other exceptional circumstances that warrant a refund. If You believe that Your situation warrants a refund, please contact us at the contact information provided in the ‘Contact Us’ section below.

The Content and Creator Content on the Platform are provided on an “as is” basis and we do not make any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the Platform will be uninterrupted or error-free.

We may make changes to the Content and/or the Platform from time to time without prior notice to You. Further, we do not warrant or represent that the use of the Platform or any Content will meet Your requirements, that the results obtained from using the Platform will be accurate or reliable, or that any errors in the Platform will be corrected.

In no event shall we, our affiliates, or our licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with Your access to or use of the Platform or any Content or Creator Content, even if we have been advised of the possibility of such damages.

You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with Your use of the Platform, Your violation of this Agreement, or Your infringement of any intellectual property or other rights of any third party.

We reserve the right to suspend or terminate Your access to the Platform at any time and for any reason, including, without limitation, if we believe that You have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination, Your right to access and use the Platform will immediately cease, and You must discontinue all use of the Platform.

We reserve the right to susWe may revise these Terms of Use from time to time, and will notify You of any significant changes by posting the new Terms of Use on the Platform or sending you a notice via email or by other means. Your continued use of the Platform after any changes to the Terms of Use will constitute Your acceptance of such changes.

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Break of Dawn is established, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the courts located in that jurisdiction.

If You have any questions or concerns about these Terms of Use or the Platform, please contact us at: info@bybreakofdawn.com