RAPAPORT ACADEMY ENROLLMENT AGREEMENT

By enrolling in a Rapaport Academy Course, You agree as a Learner and participant in any such Course to be bound by these Enrollment Agreement Terms and Conditions as well as the Rapaport Academy Licensing Agreement and Privacy Policy which together shall regulate and control the relationship between You and Rapaport Academy, and shall form an integral part of this Agreement.

If You do not agree to these Enrollment Agreement Terms and Conditions, You may not participate as a Learner in a Rapaport Academy Course, or, if already a Learner in any such Course, You will be ineligible to continue as a Learner therein, and will be denied access to the Website.

You have enrolled, as an Enrollee, in a Rapaport Academy Course that aims to increase Your overall levels of knowledge and skills of the diamond and jewelry industry, subject to the following terms and conditions:

1.       Definitions

1.1.    For the purposes hereof:

1.1.1. The term “Course” means the self-paced online e-learning training course operated by Rapaport Academy for the diamond, gem and jewelry industry to which You have enrolled as a Learner, and the term “Courses” shall have a corresponding meaning.

1.1.2. The term “Course Material” means the interactive online educational resources, including but not limited to, text, articles, videos, images, quizzes, assignments and case studies provided to Learners for each Course Module forming part of a Course.

1.1.3. Course Module(s)” means the self-contained component parts or units of study or training which combined together comprise and make up a Course. Each Course may be made up of several Course Modules.

1.1.4. The terms Enrollment Agreement Terms and Conditions, “these terms and conditions”, and this “Agreement” have the same meaning when referenced in this document, and may be used interchangeably.

1.1.5. The terms “Enrollee”, “Learner”, “You” and/ or” Your” have the same meanings when referenced in this document and may be used interchangeably.

1.1.6. Rapaport Academy” means the online educational e-learning platform operated by Rapaport on the Website on which Courses are provided relating to the diamond and jewelry industry. A reference to Rapaport Academy shall include a reference to Rapaport as its legally owning entity.

1.1.7. Rapaport” means Rapaport USA, Inc. of 133 East Warm Springs Road, Suite 100, Las Vegas, 89119, Nevada, United States, and includes all directors, employees, instructors, consultants and agents of Rapaport, or any company within the Rapaport Group of Companies which is Rapaport owned or partially owned, and the terms, “We”, “Our” and/ or” Us” shall have the same meanings when referenced in this document, and may be used interchangeably.

1.1.8. Website” means the website located at http://www.rapaportacademy.com/ at which the Courses provided by Rapaport Academy are provided, or any other website controlled and operated by Rapaport for such purpose.

1.2.    Unless the context otherwise indicates, all other terms and expressions used in the Rapaport Academy Licensing Agreement and Privacy Policy shall bear the same meaning in this document.

1.3.    These terms and conditions apply to all Courses.

 

2.       Course Content & Requirements

2.1.    Your Course includes online learning system access, the online viewing of Course Modules and Course content, instructional support, an online community, forum and chat functionality, and the ability to send and receive online private messages to and from instructors and other learners. Instructors are online experts to whom You can ask questions. These facilities enable You to share ideas and master important concepts. Upon the successful completion of Your Course, successful Learners will be awarded the prestigious Rapaport Trading Certificate (RTC) (See Section 3.5 below).

2.2.    The language of instruction is English.

2.3.    There are no enrollment requirements for any Rapaport Academy Course and no prior knowledge of the diamond and jewelry industry is required.

2.4.    Once enrolled in any Rapaport Academy Course, You are not eligible to change Your Course for any reason.

2.5.    Help. The Rapaport Academy team is always available to help You! If You have any questions, please do not hesitate to reach out to Us by email at info@rapaportacademy.com, or by phone at +13478093537.

 

3.       Course Completion Requirements

The following are the Course Completion Requirements for the successful completion of a Rapaport Academy Course by a Learner:

3.1.    Self-Paced Learning. Your Course allows You to study at Your own pace, with the flexibility to manage Your own schedule. You are allowed up to 3 (three) months from Your date of enrollment to complete Your Course. This means that once Your Course has started, You have access to the Course Materials for that 3 (three) month period of time only. In the event You have not completed Your Course within the 3 (three) month time period, Your enrollment expires, and You will be denied access to any Course Material thereafter. You may not extend Your Course beyond the 3 (three) month`s enrollment period.

3.2.    Course Modules. Course Modules must be completed in consecutive order commencing with the first Course Module through to the last.

3.3.    Course Materials and Assignments. Course Materials are accessible and available anytime, anywhere. They are designed to help You prepare for each assignment. The assignments for each Module are mandatory and consist of a determined number of multiple -choice self –marking quizzes comprising 10 questions each (1 per Course Module) and 1 final test. You will need to achieve a passing grade of 70% or better on all quiz assignments. You are allowed unlimited attempts to pass the quiz assignments for each Course Module. You can see Your progress in Your dashboard after You log in, under the “Progress” section in the right-hand bar. The system will save and indicate where You left off at Your last session.

3.4.    Final Test. The final test is mandatory and consists of 1 (one) multiple-choice self- marking quiz based test of 20 questions. The final test also requires a passing grade of 70% or better. However, You get only 3 (three) attempts to pass the final test.

3.5.    Certification. Upon successful completion of Your Course after passing all assignments and the final test with a passing grade of 70% or better, You will earn and be awarded Your Rapaport Trading Certificate (RTC). Awards will show up on the right-hand side of Your dashboard. You will also receive an email notification on completion of the Course.

 

4.       Course Fees and Pricing

4.1.    The price of each Course shall be determined at the price listed on the Website as published from time to time. The price of Your selected Course shall be the price thereof as at the date of purchase by any Enrollee as at the time of Your enrollment, subject to any applicable discount.

4.2.    The price shall be expressed in US dollars, and save as otherwise expressly stated, the listed price per Course includes VAT, where applicable.

4.3.    The price of each Course is subject to change without notice at any time at Rapaport Academy`s sole discretion. You must check the Website or other published price list for the current prices before purchasing any Course.

 

5.       Payment

5.1.    The time for payment for all Courses shall be at the time of enrollment by an Enrollee of his /her selected Course. Payment shall be made by way of 1 (one) Credit Card or Debit Card payment only for the current Course price. No other mode of payment will be accepted. Payment shall be made in US dollars.

5.2.    Regarding payment with credit or debit card, subject to the provisions of Our Privacy Policy (See Section 10 below) Rapaport Academy uses all reasonable efforts to safeguard the confidentiality of Your credit or debit card details. However, "perfect" security does not exist on the Internet. Your credit card number and contact information will be provided to the relevant credit card company from time to time ("the Credit Card Company"). The Credit Card Company has its own privacy and data collection practices and Rapaport Academy has no responsibility or liability for these independent practices.

 

6.       Refund Policy

Except in the case of exceptional circumstances, Your Course fee and the price paid for each Course is non-refundable. Exceptional circumstances shall include: (i) personal sickness/medical circumstances that become known within the first 7 (seven) days of the start date of Your Course; (ii) family or personal reasons, such as the death of a close relative or their severe medical problems; and (iii) unforeseen financial difficulties which make it impossible for You to continue Your Course, but does not include changing jobs or relocation to a different town, or city. In any such event, You must be able to provide independent corroborating evidence of the exceptional circumstances. All applications for a refund of any Course fee and price paid in such proven exceptional circumstances must be addressed by email to info@rapaportacademy.com. Any decision to refund any of Your Course fee and price paid for any Course for which You have enrolled, or any part thereof, in any of the above exceptional circumstances shall lie entirely in Rapaport Academy`s sole and absolute discretion.

7.       Term

7.1.    The Term of this Agreement shall begin as the date Your enrollment is accepted and shall endure until the end of Your Course unless otherwise terminated in terms of this Agreement.

8.       Our Obligations To You

Subject to Your fulfillment of these terms and conditions, Rapaport Academy:

8.1.    agrees to provide You with access to Our Website and the Rapaport Academy platform for the diamond and jewelry industry together with the Course Materials, and associated learning materials and instruction;

8.2.    will respond to Your questions throughout Your Course;

8.3.    will provide feedback on Your assignments, as applicable;

8.4.    will provide You with access to Our online community, chat and forum facilities, messaging service with instructors and other learners, and provide support services;

8.5.    will, upon the successful completion of Your Course, as defined above, award You with the Rapaport Trading Certificate (RTC).

Rapaport Academy reserves to itself the absolute right to update, alter, change and/or modify Your Course, or any Course Module, the Website and its content, or the services which it provides, in whole or in part, or to suspend or discontinue any aspect thereof, at any time without notice, as circumstances may require from time to time. Such changes will be effective from the date thereof.

 

9.       Enrollee`s Declaration, Warranties and Representations

By enrolling in a Rapaport Academy Course, You hereby:

9.1.    confirm that all the information that You have provided Us in connection with Your enrollment is complete, true, accurate and correct at the time it has been given;

9.2.    agree, upon request, to submit as part of Your registration and enrollment procedure, a photo of Yourself, along with one other form of a government issued photo identification (“photo ID”) for the authentication and verification of Your identity (for e.g., a current and valid driver`s license, passport, national, state or provincially issued ID card, etc.);

9.3.    confirm that You have access to a suitable workplace, if necessary, to fulfil Your Course requirements; to a computer with an internet connection, and Microsoft Office software or similar; the ability to view online content; and any additional computer hardware, software or equipment as specified on Our Website for the Course in which You are enrolling;

9.4.    accept that it is Your responsibility to ensure that the personal information You provide to Us is kept current. Any changes to Your name, address, email address, phone numbers, and other personal details should be sent to Us as soon as practicable with any relevant documentation;

9.5.    agree to retain a current email address by which You can be contacted through the duration of Your Course, and through which We may communicate formally with You via email and through the Rapaport Academy platform;

9.6.    confirm and agree that You have read and understood all the provisions of this Agreement, the Honor Code, Licensing Agreement and Privacy Policy, and that You agree to abide by and be bound by the terms thereof, and to act in accordance with them and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from Your country of residence, and all United States export control laws and regulations; and

9.7.    warrant and represent that You are not named on any U.S. government denied or embargoed list, or denied access to or use of the Rapaport Academy platform and Our Website by virtue of Your country of residence being a U.S. embargoed country, or in violation of any U.S. export laws and /or regulations.

It is hereby recorded that if it is determined at any time that any of the above statements are untrue, or You are otherwise in breach of, or in violation of any of the provisions of this Section 8, such breach or violation shall constitute a material breach of this Agreement, and Your enrollment to any Rapaport Academy Course may be prevented, or if already enrolled on any Course, Your enrollment may be terminated forthwith without further notice to You and without the payment of any refund.

10.   Honor Code

Rapaport Academy`s Honor Code provides a clear understanding of the expectations and obligations We expect from You as a Learner on any of Our Rapaport Academy Courses with regard to personal and academic conduct. All Learners are expected to comply with these principles for the duration of their Course enrollment and participation.

Rapaport Academy reserves the right to cancel a Learner`s enrolment for any violation of the Honor Code, without any refund or repayment of course fees paid.

To read Our Honor Code, click here.

11.   Website Use and Privacy Policy

By enrolling in a Rapaport Academy Course with Us, You are expected to comply with the provisions of Our Licensing Agreement for the use of and access to Our Website and platform for the duration of Your enrolment. If We determine that You are not complying with these requirements, We may cancel Your enrollment, which may result in Your loss of Your Course fees.

To read Our Licensing Agreement, click here.

We may collect and use data to track Your use of Our website and/or to help improve Our services. For a list of the personal and transactional information We collect, refer to Our Privacy Policy.

To read Our Privacy Policy, click here.

12.   Copyright

Enrollees agree that all Course Materials and all information contained therein, whether now existing or later developed, are protected by intellectual property rights, copyrights, trademarks and other proprietary rights, which rights are valid and protected. Enrollees further agree not to create derivative works based on the Course Materials and any or all information contained therein and not to use any of its contents for any other purpose other than the educational purposes associated with their enrolment on any Rapaport Academy Course. Enrollees are granted a limited license to use, display or print the Course Materials and all information contained therein for educational purposes only insofar as it relates to their enrollment on any Rapaport Academy Course, provided said Course Materials and all information contained therein is not modified, altered, or amended in any way. Any other use of the Course Materials and all information contained therein is strictly prohibited. No Course Materials and/or any information contained therein may be otherwise reproduced, republished, redistributed, or re-disseminated in any manner or form without the prior written consent of Rapaport Academy. All third party rights, including copyrights, in any Course Materials, including but not limited to any images, videos, articles, etc. which are linked, or referenced to on the Website continue to be owned by their respective owners thereof.

13.   Limitation of Liability

RAPAPORT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OF WHATSOEVER NATURE, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER (WHETHER IN CONTRACT, STATUTE OR TORT) WHICH MAY ARISE FROM OR IN CONNECTION WITH YOUR ENROLLMENT IN AND PARTICIPATION AS A LEARNER IN ANY RAPAPORT ACADEMY COURSE, EVEN IF RAPAPORT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW).

 

UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, RAPAPORT MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARISING FROM YOUR ENROLLMENT AS A LEARNER AND YOUR PARTICIPATION IN ANY RAPAPORT ACADEMY COURSE, EITHER IN CONNECTION WITH (I) THE IMPROVING OR ENHANCING OF YOUR JOB PROSPECTS OR WORK OPPORTUNITIES, OR YOUR FINDING EMPLOYMENT OR BETTER EMPLOYMENT OPPORTUNITES IN THE DIAMOND OR JEWELERY INDUSTRY; (II) IMPROVING YOUR INVESTMENT DECISION –MAKING ABILITIES IN THE DIAMOND OR JEWELERY INDUSTRY; OR (III) YOUR LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO ANY OTHER DIAMOND OR JEWELERY RELATED COURSE OR PROGRAM, NOR SHALL RAPAPORT BE IN ANY WAY LIABLE FOR YOUR FAILURE TO ACHIEVE ANY OF THE ABOVE. IN ALL INSTANCES, AND IN ANY EVENT RAPAPORT`S TOTAL AGGREGATE LIABILITY IN ALL CASES ARISING FROM OR RELATED TO YOUR ENROLLMENT IN AND PARTICIPATION AS A LEARNER IN ANY RAPAPORT ACADEMY COURSE SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU FOR YOUR ENROLLMENT TO SUCH COURSE CONCERNED.

 

ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND RELATING TO YOUR ENROLLMENT IN AND PARTICIPATION AS A LEARNER IN ANY RAPAPORT ACADEMY COURSE ARE HEREBY EXPRESSLY DISCLAIMED BY RAPAPORT, AND TO THE EXTENT REQUIRED BY LAW ARE HEREBY WAIVED BY ENROLLEE.

 

14.   Disclaimer of Warranties and Liability

14.1.Forum Postings, Chat Facilities and Messaging Service Disclaimer. You understand that when using the Course forum, chat facilities and messaging service on the Website, You will be exposed to user postings from a variety of sources, including from instructors and other learner`s in Your Course, and that neither Rapaport Academy, nor the instructors, or such other learner participants shall be responsible for the accuracy, usefulness, reliability or intellectual property rights of, or relating to such forum postings, messaging service and chats. You further understand and acknowledge that You may be exposed to user forum postings, messaging service and chats that may be inaccurate, offensive, defamatory, indecent or objectionable and You agree to waive, and hereby do waive, any legal or equitable rights or remedies that You have, or may have, against Rapaport Academy, its instructors, or any other learner in Your Course with respect thereto. Neither Rapaport Academy, its instructors, nor any other learner in Your Course endorses any user forum postings, messaging service, chats or any opinion, recommendation or advice expressed therein. Neither Rapaport Academy, its instructors, nor any other learner in Your Course has any obligation to monitor any user forum postings, messaging service, chats or any other user communications through the Website. Notwithstanding the foregoing, Rapaport Academy in its sole and absolute discretion reserves to itself the right to review such user forum postings, chats or any other user communications through the Website, and to exercise its sole discretion to edit or remove, in whole or in part, user forum postings, chats or any other user communications through the Website at any time and for any reason, or to allow Rapaport Academy instructors to do so. Exercising this right, or failing to do so, does not confer any obligation or liability upon Rapaport. Without limiting the foregoing, upon receiving notice from a user or a content owner that a user forum posting, chat or any other user communication through the Website allegedly does not conform to the above requirements, Rapaport Academy may investigate the allegation and determine in its sole discretion whether to remove the user forum posting, chat or other user communication through the Website, which it reserves the right to do at any time and without notice.

14.2.Links to Other websites. The Website may include hyperlinks to other websites maintained or controlled by others. Rapaport Academy, its instructors and the learners in Your Course are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If You decide to access linked third-party websites, You do so at Your own risk.

 

15.   Indemnification

You agree to defend, hold harmless and indemnify Rapaport, and the other learners in Your Course, from and against any third-party claims, actions or demands arising out of, resulting from, or in any way related to Your enrollment in and participation as a Learner in any Rapaport Academy Course, and as a result of Your use of the Website, and /or any breach or failure by You to comply with, perform or discharge any obligation, agreement or covenant contained in this Agreement, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature associated with, or in connection therewith. In the event of a claim to which Rapaport is entitled to invoke this indemnity from You, Rapaport shall have the sole and exclusive right to choose the attorney(s) to defend it in the event of any action.

 

16.   Miscellaneous

16.1.The provisions of this Agreement shall supersede all prior written and/or oral understandings and agreements relating to the subject matter herein.

16.2.Rapaport reserves the right to revise, amend and/or modify this Agreement from time to time and, such changes will be posted on its Website. Unless You provide written notice within 3 (three) business days of such posting of said amended and modified terms, Your continued enrollment on any Rapaport Course, and Your continued use of our Website and services offered shall constitute Your binding acceptance of such changes as part of Your contractual obligations.

16.3.The rights granted to You hereunder are personal and You may not assign or otherwise transfer Your rights and obligations under this Agreement to any third parties, and any attempt to do so shall be void.

16.4.If any provision of this Agreement shall be declared void, unenforceable or against public policy, such provision shall be deemed severable from this Agreement and the balance of this Agreement shall remain in full force and effect.

16.5.No joint venture, franchise, or employment relationship shall be deemed created between Rapaport Academy and Enrollee as a result of this Agreement. Neither party is authorized to create any obligation, express or implied on behalf of the other party.

16.6.This Agreement shall be governed by and construed under the laws of the State of Nevada, USA without reference to its principles of laws relating to the conflict of laws. The competent court of Las Vegas, Nevada, USA shall have exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement.

16.7.No waiver by Rapaport of any breach of this Agreement shall be considered as a waiver of any preceding or succeeding breach. No waiver by Rapaport of any right under this Agreement shall be considered as a waiver of any other right.

16.8.Rapaport shall not be required to give notice to enforce strict adherence to all terms of this Agreement.

16.9.An Enrollee hereby acknowledges that any dispute arising hereunder must be determined on an individual basis and You may not initiate or participate in any action as a representative or member of a class of Learners against Rapaport, and/or Rapaport Academy. You acknowledge that this Agreement to waive Your right to a class action is a material inducement for Rapaport, and/or Rapaport Academy to enter into this Agreement.

 

17.   Electronic Signature Agreement

You hereby agree that by selecting the “I Accept” button and enrolling, as an Enrollee, in any Rapaport Academy Course, You are signing this Agreement electronically and agree to be bound by all the terms of this Agreement as at the date hereof (the “Effective Date”). You agree that Your electronic signature is the legal equivalent of Your manual signature on this Agreement. By selecting “I Accept” You consent to be legally bound by this Agreement and these Terms and Conditions. You further agree that Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Rapaport instructions, acknowledgment, disclosures or communications electronically constitutes Your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by You in writing and has the full force and effect of a signature affixed by hand to a paper document. You also agree that no certification authority or other third party verification is necessary to validate Your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of Your E-Signature or the validity of any resulting agreement between You and Rapaport arising from the terms hereof.

BY CLICKING ON THE “I ACCEPT” BUTTON YOU HEREBY ACCEPT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE ABOVE ENROLLMENT TERMS AND CONDITIONS AND CONTRACTUALLY AGREE TO BE BOUND THEREBY.