TERMS AND CONDITIONS OF BUSINESS AND REFUND POLICY:
Please carefully read these terms and conditions as they describe your legal rights and obligations. The following Terms of Business apply to any and all of services to be provided by Bloom Career, a division of Bloom Consulting, LLC. “User” means you, the Customer, or any person who makes use of the Services through you or on your behalf. “Contract” means the agreement between Bloom Career and the User incorporating these conditions; References to “Agreement” shall, where the context admits, be read as referring to the Contract.
This Agreement is between: Bloom Career, a division of Bloom Consulting, LLC whose registered office is at 7600 Burnet Rd, Suite 102, Austin, TX 78757, (“we” and also “us” or “Bloom Career“) and the User; This Agreement shall become effective as of the date of the User first accessing the Services, whichever happens first.
BY ACCESSING ANY OF THE SERVICES OFFERED BY BLOOM CAREER YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IRRESPECTIVE OF THE MODE OR MANNER EMPLOYED WHEN USING ANY SERVICES. THESE TERMS OF BUSINESS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. ANY AGREED VARIATION OR ALTERATION TO PART OF THESE TERMS OF BUSINESS WILL NOT INVALIDATE THE REMAINDER OR THE WHOLE.
IF YOU DO NOT AGREE TO THIS CONTRACT YOU MUST NOT USE ANY SERVICES PROVIDED BY BLOOM CAREER
Bloom Career does not provide refunds to Users of their Services due to the nature of it’s business, the non-refundable nature of the test credits it purchases, and the inability for it to recover its test payment once an assessment package order is processed. The only exception to this policy is when an error, beyond the control of the User or Bloom Career, prevents the User from accessing and using the Services they have purchased. In this case, the User must notify Bloom Career, via email, within 5 business days of purchase to request the refund. All other refund requests, for any other reason, will be denied per this policy. As such, Users are strongly encouraged to confirm the willingness of the User whom they are buying the Services for to participate in services prior to purchase. Any questions or concerns regarding this policy, should be submitted via email to our Chief Operations Officer at email@example.com.
Bloom Career will provide to User a reasonable amount of consultation via telephone and/or electronic mail in the use of the Services, but will not assist with any services that are not maintained or controlled by Bloom Career. Any support we may subsequently agree to provide to you shall be at our sole discretion and once commenced, may be terminated at any time without notice to you and without any liability to us.
We can only improve on our services with valid feedback from you, our customers. If you wish to make a complaint about a service you have received, please submit an email to our Chief Operations Officer at firstname.lastname@example.org including as much detail from the issue you have. We will acknowledge your complaint within one business day and aim to resolve any issues within five business days.
RELATION OF PARTIES:
The performance by Bloom Career of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between Bloom Career and User, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.
(A) All information relating to User that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by Bloom Career and will not be disclosed or used by Bloom Career except to the extent that such disclosure or use is reasonably necessary to the performance of the Services.
(B) All information relating to Bloom Career that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by User and will not be disclosed or used by User except to the extent that such disclosure or use is reasonably necessary to the performance of User’s duties and obligations under this Agreement.
(C) These obligations of confidentiality will extend for a period of one year after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.
OWNERSHIP OF INTELLECTUAL PROPERTY:
Bloom Career’s trademarks, trade names, service marks, logos, other names and marks, and related service names, design marks and slogans are the sole and exclusive property of Bloom Career, a division of Bloom Consulting, LLC. User will not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Bloom Career.
THE SERVICES PROVIDED THROUGH BLOOM CAREER, A DIVISION OF BLOOM CONSULTING, LLC, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE OF THE SERVICES IS WITH YOU. BLOOM CAREER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF OUR SERVERS. NO WARRANTY IS MADE BY BLOOM CAREER REGARDING ANY INFORMATION, SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT.
LIMITATION OF LIABILITY:
YOU WARRANT AND AGREE THAT IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL BLOOM CAREER, A DIVISION OF BLOOM CONSULTING, LLC, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF SERVICES.
Our total aggregate liability to you for any claim in contract, tort, negligence, or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
The User warrants and agrees that it shall defend, indemnify, save and hold Bloom Career, a division of Bloom Consulting, LLC, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Bloom Career, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, or agreed to be performed by the User, it’s agents, employees or assigns.
(A) We may terminate this agreement forthwith if you fail to pay any payment due to us.
(B) We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person that is declared bankrupt.
(C) We may terminate this agreement upon written notice provided to you thirty (30) days in advance if we are unable to provide you with services for operational reasons. In the case of termination of this contract by us due to operational reasons we will refund you the remainder of any payments made by you to us for the remaining period of your contract.
NON-ENFORCEMENT DOES NOT CONSTITUTE A WAIVER:
Any failure of Bloom Career to enforce any of the provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other rights hereunder. The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties hereto.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
GENERAL LEGAL COMPLIANCE:
Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect
Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party’s reasonable control.
These terms and conditions together with the additional agreements attached here or linked to via the web and referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to these terms and conditions, you have not relied on any representation save insofar as the same has expressly in these terms and conditions been made a representation and you agree that you shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this Agreement.