This agreement applies as between you, the User of this Website
and Residential To Commercial Academy Inc., the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer
is deemed to occur upon Our sending a confirmation email to you indicating that your order has been
accepted.
In this Agreement the following terms shall have the following
meanings:
Account: means collectively the personal
information, Payment Information and credentials used by Users to access Paid Content and / or any
communications System on the Website;
Content: means any text, graphics, images,
audio, video, software, data compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Website;
Facilities: means collectively any online
facilities, tools, services or information that Residential To Commercial Academy Inc. makes available through the Website
either now or in the future;
Services: means the services available to
you through this Website, specifically the use of the Residential To Commercial Academy Inc. proprietary e-learning platform;
Payment Information: means any details
required for the purchase of Services from this Website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
Premises: Means Our place(s) of business
located at 4001 Gateway Dr., Ste 200, Colleyville, Texas 76034;
System: means any online communications
infrastructure that Residential To Commercial Academy Inc. 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;
User / Users: means any third party that
accesses the Website and is not employed by Residential To Commercial Academy Inc. and acting in the course of their
employment;
Website: means the website that you are
currently using (www.theRTCA.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
We/Us/Our: means the applicable Residential To Commercial Academy Inc. entity or the business as a whole.
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.
These Terms and Conditions also apply to customers procuring
Services in the course of business.
- 4.1 Subject to the exceptions in Clause 5 of these
Terms and Conditions, all Content included on the Website, 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 Residential To Commercial Academy Inc., Our affiliates or
other relevant third parties. By continuing to use the Website you acknowledge that such material is
protected by applicable United Kingdom and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce,
copy, distribute, store or in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given Our express written permission to do so.
- 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 manufacturers or distributors of such products as may be
applicable.
- 5.2 Subject to Clause 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 manufacturer or
supplier.
Material from the Website may be re-used without written permission where any of
the exceptions detailed in Section 107 of the Copyright Act of 1976 apply.
Materials included in the “Document Suite” may be used by User exclusively and may not be shared or distributed to third parties who have not completed the course, unless for the purpose of a real estate transaction.
This Website may contain links to other sites. Unless expressly
stated, these sites are not under the control of Residential To Commercial Academy Inc. 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.
Those wishing to place a link to this Website on other sites
may do so only to the homepage of the site www.theRTCA.com without Our prior permission. Deep
linking (i.e. links to specific pages within the site) requires Our express written permission. To find
out more please contact Us by email at info@thertca.com.
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9.1 When using any System on 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:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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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;
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9.1.5 The means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and
representatives of Residential To Commercial Academy Inc. or Our affiliates; and
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9.1.7 You must not use Our System for unauthorised mass-communication such as "spam"
or "junk mail".
- 9.2 You acknowledge that Residential To Commercial Academy Inc. reserves
the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that Residential To Commercial Academy Inc. may
retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send
to Us through Our System 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.
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10.1 In order to procure Services on this Website and to use certain other parts of the
System, 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 Websiteyou represent and
warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be
required; and
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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 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 shall be charged for the
period from the commencement of the provision of services until the date you notified us and may be
charged for a billing cycle of one month.
- 10.4 When choosing your username you are required
to adhere to the terms set out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
- 11.1 Either Residential To Commercial Academy Inc. 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.
- 12.1 Whilst every effort has been made to ensure
that all general descriptions of Services available from Residential To Commercial Academy Inc. 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-Clause 13.8 for incorrect Services.
- 12.2 We neither represent nor warrant that such
Services will be available at all times and cannot necessarily confirm availability until confirming
your Order. Availability indications are not provided on the Website.
- 12.3 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.
- 12.4 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.
- 12.5 Depending on the jurisdiction, sales or use tax may apply and will be collected and remitted to the appropriate authority if applicable.
We want you to be completely satisfied with the Products or
Services you order from Residential To Commercial Academy Inc.. If you need contact us about your Order, then please
contact customer care by email at info@thertca.com . You may cancel an Order that we have accepted or cancel the Contract.
- 14.1 In some jurisdictions, a “cooling off” period may apply. This period begins once your
order is confirmed and the contract between Residential To Commercial Academy Inc. and you is formed and ends at the end of
the applicable cooling off period, if any. 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: info@thertca.com.
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by
this reference. To view the Privacy Policy, please click on the link above.
- 16.1 All personal information that We may collect
(including, but not limited to, your name and address) will be collected, used and held in
accordance with US privacy law.
- 16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request
that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example,
you wish to purchase Services on credit), and with your consent, We may pass your personal
information on to credit reference agencies.
- 16.4 We will not pass on your personal information
to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that
the Website 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 Service or Services.
- 17.2 No part of this Website is intended to
constitute advice and the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to
constitute a contractual offer capable of acceptance.
- 17.4 While 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 the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions
from the first time you use the Website following the changes. If We are required to make any changes to
these Terms and Conditions by law, these changes will apply automatically to any orders currently
pending in addition to any orders placed by you in the future.
- 19.1 The Website is provided “as is” and on an “as
available” basis. Residential To Commercial Academy Inc. 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.
- 19.2 We accept no liability for any disruption or
non-availability of the Website 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.
- 20.1 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 or any
information contained therein. You should be aware that you use the Website and its Content at your
own risk.
- 20.2 Nothing in these Terms and Conditions
excludes or restricts Residential To Commercial Academy Inc. liability for death or personal injury resulting from any
negligence or criminal acts on the part of Residential To Commercial Academy Inc..
- 20.3 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.
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 of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights
upon any third party. The agreement created by these Terms and Conditions is between you and Residential To Commercial Academy Inc..
- 24.1 All notices / communications shall be given
to Us by email to info@thertca.com. 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.
- 24.2 We may from time to time, if you opt to
receive it, send you information about Our products 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.
These Terms and Conditions and the relationship between you and
Residential To Commercial Academy Inc. shall be governed by and construed in accordance with the Law of England and Wales and
Residential To Commercial Academy Inc. and you agree to submit to the exclusive jurisdiction of the Courts of the United States of America and the State of Texas..
25.1 Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us without first submitting the claim to final and binding arbitration.
Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
25.2 Small Claims
Either of us can bring a claim in small claims court in (a) Fort Worth, Texas or (b) another place we both agree on, as long as it qualifies to be brought in that court.
25.2 Going to Arbitration
If we can’t resolve our dispute amicably, you and Residential to Commercial Academy Inc. agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either party can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
25.3 The Arbitration Process
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
25.4 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No Class Actions” clause isn’t enforceable or valid, then this “No Class Actions” section will be null and void, but the rest of the Terms will still apply.
25.5 Changes
Notwithstanding the “Updating these Terms” section below, if Residential to Commercial Academy inc. changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Residential to Commercial Academy iInc. written notice of such rejection by mail or hand delivery to: Residential to Commercial Academy Inc. to 4001 Gateway Dr., Ste 200, Colleyville, Texas 76034, or by email from the email address associated with your Account to: info@thertca.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Residential to Commercial Academy inc. in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.
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