Terms and Conditions

Effective as of August 14, 2023

   Welcome to Hypetrain Academy!

Please read these Hypetrain Academy Terms and Conditions (the "Terms") carefully, as the Terms are the agreement between you and us regarding our provision of the Services, your use of, your obligations in relation to, our Website / Services, and other important topics such as payment terms and dispute resolution.

Within these Terms, when we refer to "Hypetrain Academy" we mean Welmi Inc., a Delaware corporation, the owner and provider of this Website and the Service.
The terms “you” and “your” shall be deemed to refer to, and these Terms shall be binding upon, any person or entity who has purchased a Course (as defined below), or who uses your Course, Website, or Services as a learner or end user via Facilities, and/or who has activated the Account pursuant to these Terms.
By receiving, using, accepting or otherwise accessing the Service, features of the Services, or Website you accept and agree to be bound by these Terms.
If you do not agree to be bound by these Terms, you should stop using the Website and our Services immediately, and please contact us promptly at [email protected] to deactivate the Service.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal account of the User, personal information, Payment Information and credentials used by the User to access Services, Course, Content, Facilities and / or any communications system on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations, documents, presentations, training and learning materials, and any other form of information capable of being stored in a computer that appears on or forms part of this Website or Course;
"Course": means the e-learning services available to you through this Website, specifically use of the Hypetrain Academy e-learning platform and other features avaliable through our Facilities and at web page "Course";
"Facilities": means collectively any online communications infrastructure and online facilities, including e-learning platform, tools, Services or information that Hypetrain Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"Services": means the services available to you through this Website, including the use of the Content, Course and other features provided to you by us;
"Payment Information": means any details required for the purchase of Services or Course from this Website. This includes, but is not limited to, your credit / debit card information, bank account numbers and sort codes;
"User(s)": means any third party that accesses the Website and is not employed by Hypetrain Academy and acting in the course of their employment;
"Website": means the website that you are currently using (academy.hypetrain.io) and any sub-domains of this Website (e.g. https://academy.hypetrain.io/belarus) unless expressly excluded by their own terms and conditions; and
"we/us/our": means Hypetrain Academy, a company incorporated in Delaware with the company registration number 7344530, located at 651 N Broad St, Suite 206, Middletown, DE 19709, USA.

2. Age Restrictions

Our Website and Services are not intended for children under 18. Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business. If we have entered into a separate agreement with business customers, these Terms apply to the extent not covered by such separate agreement. 
Please note, if your access to the Course is being paid for by a third party, such as a sponsor or your employer, then you are still bound by all provisions in these Terms (including payment provisions), however we may enter into a separate agreement with your sponsor to govern payment for the Course on your behalf, as well as to govern the receipt of certain information in relation to your completion of the Course.

4. Intellectual Property

4.1. Subject to the exceptions in Clause 5 of these Terms, all Content included on the Website, or in the Course, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hypetrain Academy, our affiliates, licensors, or other relevant third parties. By accessing or continuing to use the Website or Services you acknowledge that such material is protected by applicable US Law and International intellectual property and other laws.
4.2. You may not reproduce, copy, distribute, store, create derivative works of, or in any other fashion re-use material from the Website, Services or Course unless given our express written permission to do so. If you quote any Content included in the Course or Services, the credit or attribution to Hypetrain Academy is required.
4.3. You must abide by all copyright notices or restrictions contained on the Website or Facilities. You may not delete any attributions, legal or proprietary notices on the Website or Facilities.

5. Third Party Intellectual Property

5.1. Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the owners or distributors of such products as may be applicable.
5.2.
Subject to Section 6, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant owner or distributor.

6. Your Content

6.1. Through your use of the Website and Facilities, you may be able to provide or upload your content regarding the Course such as notes and replies, learner discussions, written assignments, surveys, questions, hypotheticals, and examples (collectively, “Learner Content”).
6.2. We do not claim ownership of any Learner Content you may submit or make available through the Website, Facilities and Course.
6.3. With respect to any Learner Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the Website, Facilities or in relation to the Course, with the right to sublicense such rights for any purpose associated with the provision of the Website, Facilities or Course. We reserve the right to remove or ban, at our sole discretion, any Learner Content with or without notice to you at any time.
6.4. To the extent that you provide or upload any Learner Content, you represent and warrant that:
6.4.1. you have all necessary rights, licenses and/or clearances to provide, upload or use such Learner Content, and to permit us to use (license or sub-license) such Learner Content as provided in sub-sections 6.3 above;
6.4.2. such Learner Content is accurate and complete to the best of your knowledge and belief;
6.4.3. as between you and us, you are responsible for the payment of any third party fees related to the provision, uploading and use of such Learner Content;
6.4.4.
 your Learner Content will not (i) contain any material which is illegal, offensive, hateful, or inflammatory, intended to promote or incite violence, (ii) contain viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or information; (iii) promote or contain pornography, nudity, sexually explicit material or adult content, discrimination content based on race, sex, religion, nationality, disability, sexual orientation or age; and
6.4.5. our use and/or publication of your Learner Content does not and will not infringe or misappropriate any copyright, trade secret/know-how, trademark, intellectual property or other third party rights, or constitute a fraudulent statement or misrepresentation.

7. Links to this Website and Other Websites

7.1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Hypetrain Academy or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7.2.
Those wishing to place a link to this Website on other sites may do so only to the home page of the Website (academy.hypetrain.io) without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission and can be made within our Hypetrain Academy Affiliate Program. To find out more please contact us by email at [email protected].

8. Your Use of Our Website and Services

8.1. Your access to and use of this Website, the Course and Services are subject to the following terms and conditions, the failure to comply with any of them will constitute a substantial breach of these Terms and may result in your Account being suspended or closed:
8.1.1. You will use the Website, Course and Services only for lawful purposes and your use of them is in no way unlawful or fraudulent;
8.1.2.
You shall provide us with all necessary information requested by us or our payment service provider (such as Stripe) in relation to provision of Services or Course to you, and that information will be true, accurate and complete;
8.1.3.
You SHALL NOT:
  • distribute, share or otherwise make available all or any part of the Course or Services in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website or Facilities and permitted by these Terms;
  • alter, modify, create derivative works of, or use, other than as intended or authorised by us, any part of the Website, Course or Services;
  • access the Courses or services through any technology other than through the Facilities or the software provided by us;
  • do or attempt to following: circumvent, disable or otherwise interfere with any security related features of the Website, Facilities or any features that: (i) prevent or restrict use or copying of Content; or (ii) enforce any limitations applicable to you or your access and use of the Website, Course or Services;
  • knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, including our Facilities;
  • post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spamming, or bulk communications of any kind, whether for commercial or non-commercial purposes;
  • duplicate, download, or use the Course or Services and any of its part other than for your personal usage;
  • share the Content of or make available the Course or Services to any third party through your Account or otherwise;
  • use any high volume, automated, or electronic means to access the Website or Facilities (including without limitation robots, scrapers, spiders, scripts and similar AI-tools);
  • access or attempt to access any other User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present; and
  • perform any activity or practices which are inconsistent with these Terms and our Policies.

9. Use of Communications Facilities

9.1 When using any Facilities or the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Learner Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Learner Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Hypetrain Academy or our affiliates; and
9.1.7 You must not use our Facilities for unauthorised mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that Hypetrain Academy reserves the right to monitor any and all communications made to us or using our Facilities.
9.3 You acknowledge that Hypetrain Academy may retain copies of any and all communications made to us or using our Facilities.
9.4. You acknowledge that any information you send to us through our Facilities may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

10. Accounts

10.1. In order to procure Services and to use certain other parts of the Facilities, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
10.1.1. all information you submit is accurate and truthful;
10.1.2. you have permission to submit Payment Information where permission may be required; and
10.1.3. you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2. It is highly recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3. If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment then you may be charged for the payment due to us.
10.4. When choosing your username you are required to adhere to the terms set out above in Section 9 above. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Suspension of Accounts

11.1. Either Hypetrain Academy or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2. If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence or be suspended.

12. Services, Pricing and Availability

12.1. Whilst every effort has been made to ensure that all general descriptions of Services available from Hypetrain Academy correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to Sub-section 13.8 for incorrect Services.
12.2. Where appropriate, you may be required to select the required Plan of Services. A detailed description of the Plans of Services can be found at our pricing web page at https://academy.hypetrain.io/pricing.
12.3. We neither represent nor warrant that our Services or Course will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the Website.
12.4. All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5. In the event that prices are changed during the period between an order being placed for Services and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
12.6. Your Service Plan is not transferrable to another Plan or Course or to the Account of another person (User).

13. Provision of Services, Orders and Payment Terms

13.1. At any time during the demonstration mode period (free access mode), you may convert to a fully featured Service Plan by enrolling online. Once your demonstration mode period (free access mode) has expired, you must select (make an order) and purchase a paid Services (Service Plan) and provide a valid payment method in order to continue to receive Services. Your Account, and your payment method, if any, will be charged the applicable Service fees according to the payment schedule associated with your Service Plan as set forth in Section 12 above. By providing Payment Information to our payment provider or us, you represent that you are an authorized User of such payment Account. You acknowledge and agree that the price of your Service Plan may change over time. Order confirmations will be sent to you before the Services begin and shall contain the following information:
13.1.1. Confirmation of the Services (Plan) ordered including full details of the main characteristics of those Services;
13.1.2. Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
13.1.3. Relevant times and dates for the provision of the Services;
13.1.4. User credentials and relevant information for accessing those Services.
13.2. You understand and agree that all fees for Services (Service Plans) you pay to us are non-refundable. In exceptional cases, refunds of paid fees may be paid back by us to you, at our sole discretion, and may be in the form of credit for the Services. If you object to any fees or charges for services billed by or through us, you must tell us in writing within 15 days after the fee or charge is incurred (unless the law does not allow a limit or requires a longer period).
13.3.
If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In this case, any sums paid by you in relation to that order will be refunded within 14 business days.
13.4. Payment for the Services shall be (i) made in the amount according to your Service Plan, plus taxes and other applicable charges, (ii) made in U.S. dollars, unless otherwise expressly stated, and (iii) is due in advance. Such payment shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the Service Plan you purchased AND/OR as indicated in the order confirmation you received.
13.5. We aim to fulfill your order within 2-3 working days or if not, within a reasonable period following your order, unless there are exceptional circumstances. If we cannot fulfill your order within a reasonable period, we will inform you at the time you place the order by a note on the relevant web page or by contacting you directly after you place your order. Time is not of the essence of these Terms, which means we will aim to fulfill your order within any agreed timescales but this is not an essential term of the agreement between you and us and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Section 14, will be affected.
13.6. Hypetrain Academy shall use all its reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We provide technical support via our online support form. We make every effort possible to respond in a timely manner but we do not guarantee a particular response time.
13.7. Additional terms and conditions may apply to the provision of certain Services or to a certain User group. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order or before providing you relevant access.
13.8. You promise to pay all taxes, fees, and surcharges charged to you by us. These can include but are not limited to, items such as withholding taxes, VAT, and other charges related to governmental costs. Such charges are subject to change.
13.9. Payment processing services for handling payments for Services may be provided by Stripe and are subject to the Stripe Connected Account Agreement [https://stripe.com/legal/connect-account], which includes the Stripe Terms of Service [https://stripe.com/legal/ssa] (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Hypetrain Academy enabling payment processing services through Stripe, you agree to provide us and our payment provider accurate and complete information about you and your business, and you authorize Hypetrain Academy to share it and transaction information related to your use of the payment processing services provided by Stripe.
13.10. If you are delinquent in any payment to us, we reserve the right to suspend or terminate your Service Plan and deactivate your Account. If your credit or debit card provider refuses a charge or an automated withdrawal, we may terminate or suspend your Service.

14. Cancellation of Orders and Services

14.1. We want you to be completely satisfied with the Products or Services you order from Hypetrain Academy. If you need to speak to us about your order, then please contact us via support form on our Website, or by email at [email protected].
If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform us immediately using the following email: [email protected]. Your right to cancel during the cooling off period is subject to the provisions of Sub-section 14.2. below.
14.2. If the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
14.2.1. If the Services are fully performed (for instance, you have completed the Course) within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
14.2.2. If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 15 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
14.3. Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy and our Policies

Use of the Website, Facilities and Services is also governed by our Privacy Policy, Cookie Policy, and any other policies that are made available on our Website from time to time (collectively, "Policies"), and which are incorporated into these Terms by this reference.
To view the Privacy Policy, please click here. To view the Cookie Policy, please click here.

16. Copyright Notice

16.1. We adhere to the practice of respect copyright, which alighs with that any content included on the Website, within the Course or Services that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed as soon as possible after we are made aware of such infringement or potential infringement.
16.2. If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing us a Copyright Infringement Notice to [email protected]. Such notice should contain at minimum:
  • statement telling us you believe that you have found content on the Website, within the Course or Services which you believe infringes your intellectual property rights;
  • which country your intellectual property rights apply to;
  • the title of the content concerned and the full URL for access to that content;
  • statement explaining how the content infringes your intellectual property rights;
  • your mailing address, telephone number and email address so that we can contact you;
  • a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
  • your signature (an electronic signature is sufficient).
16.3. We will consider in a timely manner the notice received from you with providing a corresponding response, and take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.

17. Disclaimers

17.1. We make no warranty or representation that the Website, our Course or Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Website, Facilities, Course or Services.
17.2. No part of this Website, Course or Services is intended to constitute advice, legal advice or professional (expert) advice, and the Content of this Website, Course or Services should not be relied upon when making any decisions or taking any action of any kind. The materials and information on the Website, within the Course or Services are intended for informational purposes only and is not a substitute for professional or legal advice.
17.3. Please note, that Hypetrain Academy is not an educational organization or certified educational provider, the Course is non-credit bearing.
17.4. Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change, modify or otherwise alter the Website, Facilities, Course and its Content at any time and in our .

18. Availability of the Website and Facilities

18.1. The Website and Facilities are provided “as is” and on an “as available” basis. Hypetrain Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2. We accept no liability for any disruption or non-availability of the Website or Facilities resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

19.1. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, Facilities or Services or any information contained therein. You should be aware that you use the Website, Facilities or Services and its Content at your own risk.
19.2. YOU AGREE THAT WE OR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH OUR SERVICES SHALL NOT BE LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.
19.3. YOUR RESPONSIBILITY FOR ANY THIRD PARTIES’ CLAIMS. YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR ANY AMOUNT ANYONE ELSE CLAIMS FROM US OR OUR SERVICE PROVIDERS (OR THE PARENTS, AFFILIATES, AND SUBSIDIARIES OF EACH, OR THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM) PLUS ANY EXPENSES RESULTING FROM ANY CLAIM, DEMAND OR ACTION, REGARDLESS OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES, OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH (1) THE ACTIVITIES CONTEMPLATED BY THESE TERMS, WHETHER BROUGHT BY YOU, THE USERS OF YOUR SERVICE PLAN OR COURSE, YOUR EMPLOYEES, OR THIRD PARTIES, EVEN IF DUE TO THE NEGLIGENCE OF HYPETRAIN ACADEMY OR ANY OF OUR THE SERVICE PROVIDERS; (2) THE USE OR POSSESSION OF DATA OR INFORMATION PROVIDED IN CONNECTION WITH OUR SERVICES; (3) CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATED IN ANY WAY DIRECTLY OR INDIRECTLY TO THESE TERMS; OR (4) THE USE, FAILURE TO USE, OR INABILITY TO USE OUR SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF HYPETRAIN ACADEMY OR ANY OF OUR SERVICE PROVIDERS. IN ADDITION, IF YOU HAVE AUTHORIZED CHARGES FOR AMOUNTS DUE AGAINST YOUR CREDIT OR DEBIT CARD ACCOUNT OR OTHER SIMILAR ACCOUNT BY GIVING OUR PAYMENT PROVIDER A CARD OR ACCOUNT NUMBER, THEN YOUR AGREEMENT IN THIS SECTION EXTENDS TO CLAIMS, EXPENSES, LIABILITIES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT OR DEBIT CARD ACCOUNT, OR OTHER SIMILAR PAYMENT ACCOUNT, OR FROM THE ISSUER’S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH ACCOUNT.
19.4. YOU CANNOT RECOVER (1) PUNITIVE OR EXEMPLARY DAMAGES, (2) CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (3) LEGAL FEES. YOU WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THESE TERMS.
19.5. THE MAXIMUM AGGREGATE LIABILITY OF HYPETRAIN ACADEMY AND ANY OTHER SERVICE PROVIDER TO YOU UNDER ANY CAUSE OF ACTION (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF PRIVACY, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $100 USD OR (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT NONE OF US — HYPETRAIN ACADEMY, NOR ANY SERVICE PROVIDER — WOULD HAVE AGREED TO PROVIDE SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY TO YOU OF US, HYPETRAIN ACADEMY AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.

20. No Waiver; Severability

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. Changes to these Terms

21.1. We reserve the right to change all or certain terms and conditions of these Terms at any time. Any changes will be effective upon posting of the revisions on this Website reflecting the new effective date. This includes but is not limited to changing the prices or Services provided.
21.2. If we make any material changes to these Terms that, in our sole judgment, would have an adverse effect on your use of the Service, or if any such change materially affects your rights under these Terms, or results in higher fees being charged to you by our Services, we will provide you with notice of such change, which may include by electronic mail. We will notify you of any other changes in accordance with applicable law.
21.3. In the event of any conflict between any translations of these Terms and the official version in English thereof available on this Website, the provisions in English version of these Terms shall prevail unless it is expressly stated otherwise.
21.4. You should frequently review these Terms (including the effective date) and applicable Policies from time to time to understand the terms that apply to your use of our Services.

22. Applicable Law and Jurisdiction

22.1. These Terms and Conditions and the relationship between you and us shall be governed by and construed in accordance with the Law of the State of Delaware without regard to the choice of law principles, and Hypetrain Academy and you agree to submit to the exclusive jurisdiction of Delaware. 

22.2.
Except where prohibited by law, you understand and agree that the parties would have had a right or opportunity to litigate disputes through a court and, by entering into these Terms, accessing or using the Services, you and we are each waiving the right to a trial.

22.3.
In order to expedite and control the cost of disputes, you agree that any legal or 
equitable claim relating to the Services or your Service Plan or these Terms (a “Claim”), will be resolved amicably by informal Clain resolution procerure. If we cannot resolve a Claim informally, including any claim between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including to the full extent permitted by applicable law, third parties who are not party to this Agreement whether related to this Agreement or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this clause, then these Claims shall be resolved finally by courts of Delaware.

23. Communications

23.1. All notices / communications shall be given to us by the following email:
    Email address: [email protected]
Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23.2. We may from time to time, if you opt to receive it, send you information about our Corse and/or Services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.