Acceptance of this Agreement
These terms and conditions (“Terms and Conditions”) control your use of this website (“Website”).
In these Terms and Conditions, “Simplilearn” is referred to as the “Company”, “us,” or “we.”
“You” refers to a user or a paying customer. If you are a company or another person who gives access to Company products, your access is subject to these terms and conditions.
If you are accessing the Website from USA, then Simplilearn Americas Inc (“Simplilearn Americas”), will be the contracting party. If you are accessing the Website outside USA, then Simplilearn Solutions Private Limited (“Simplilearn India”), will be the contracting party. Simplilearn Americas and Simplilearn India, collectively referenced as “Simplilearn”
This Website, the services made available through the Website and the content therein (the ‘Products’) are owned, operated and maintained, as applicable, by Simplilearn and its group companies. The Website, Products and Content are, collectively, the ‘Company Products’.
By (a) using or accessing the Company Products (b) accessing any Course through the Website; You agree to the terms and conditions set forth herein (“Agreement”). By using this Website or its Products and Services, you Agree and Warrant that you have read, understood, and agreed to be bound by these terms. Our privacy policy can be found at Privacy Policy. If you do not accept these terms, you must not use – and are not authorized to use – all or any portion of the Company Products.
Please read this carefully before you use the services of this Website.
- You should not use this site in an unlawful manner; you must respect the Website Terms and Conditions and follow the Privacy Policy.
- Under no situations or circumstances, will the Company be liable for any change in the content which it provides on the Website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of any content made available via our products, services, or various resources such as email, blog posts, etc.
- Our Company Products are available to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
- You will be required to use login credentials for some of the sections on the Website and the Company reserves the right to block access to our services for any user who does not follow these conditions.
- We undertake commercially reasonable efforts to ensure that users get uninterrupted access to our service, but cannot guarantee said access.
Website Usage Guidelines
- Do not insult, abuse, harass, stalk, threaten, or infringe the rights of others.
- Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
- Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affects other computers.
- Do not edit our HTML source code, reverse engineer or attempt to hack our Company Products.
- Do not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
- Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- You may not copy, distribute, or in plagiarize our website content or user submitted content.
- Do not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
Links and Hyperlinks Terms
This Website may have links to other websites. We do not control the content of these websites; nor are we responsible for their website content. The sole purpose of these links is to provide users information.
- You may not mirror or frame the homepage or any other pages of this Website on any other website or webpage.
- Do not link to our website pages and subpages with spam links/anchor text, which could provide a false impression.
- Do not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to our website.
- Do not link to or from pages which support racism, terrorism or hate speech.
- Do not link to or from pages which provide pornographic content and violate human and animal rights.
- Do not link to or from pages with content which infringes on the intellectual property of any third party, person or entity.
- Do not link pages to or from content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
User ID and Password
By using or accessing the Website you acknowledge and agree that your user ID and password (“Participant Account“) is for your exclusive use only. Use or sharing of your Participant Account with another user is not
permitted and is cause for immediate blocking of your access to the Website, the Services and the Content, the Courseware, and termination of your Participant Account. You agree that you are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify our Grievance Officer If you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of our control or due to your failure to maintain the confidentiality and security of your Participant Account.
Content and Courseware
As a part of our Services offered through our Website, we shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific training course you have registered for (“Content and Courseware“). We reserve the right to amend, revise or update the Content and Courseware offered to you. In the event such an amendment, revision or update occurs, we may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Free Access
Your access to any of Our free Courses is limited to the self-learning videos and a select, sub-set of course resources only. Nothing herein shall at any time be construed to mean unhindered or unconditional access to all the features of the said Courses, as may be available upon purchase of the respective Courses. Your free access to these courses shall be limited to such respective number of days, as may be indicated for each Course on the date of your enrollment, and shall be revoked at the end of the specified number of days. However, We at Our sole option reserve the right to revoke or extend Your free access to all free content made available to you at any early instance without any notice or liability. Uponyour enrollment in these free courses, no license is deemed to be granted to you for further sale or to utilize the materials for any reuse, reproduction, re-publication for commercial/non-commercial purposes. All materials provided to you under a free access are copyright products of Simplilearn or third parties or its partners. Any violation of laws herein, or otherwise, shall make you liable to the maximum extent available under
law. All regular features of the Courses, including exam vouchers and certifications, but not limited to them, may be available upon a full-value purchase of the respective Courses only. Please also read our Privacy Policy carefully. Simplilearn reserves all other rights, ‘ingress’ & ‘egress’ with respect to the free access and may forfeit the access at any time without notice.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website until the time the completion of the training course that you have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for your personal and non-commercial use to assist you in completing the training course you have registered for (“Restricted Purpose“). You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose. You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware,
or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights
While you are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, you acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware. You acknowledge and agree that this Agreement other than permitting you to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to you in any manner or form any right, title or interest of aproprietary, or any other nature in the Website, the Services, and the Content and Courseware.
Claims of Intellectual Property Violations
If you believe that your work has been used without your permission and in a manner that violates your copyright, please provide us with the information given below and we will act on it.
- The authorized person who will act on behalf of the owner of the copyright, should send a digital or physical signature.
- A description of the copyrighted work that you claim to be infringing your IP.
- A description of where and how the material that you claim is infringing is located on our Website, with enough detail that we may find it on the Website.
- Your Contact Details – Address, telephone number, and email address.
- A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner’s behalf
- You can reach Simplilearn to notify your claims of copyright by writing to Help and Support Team.
Transaction Terms
- To make a transaction on our website, you are obligated to pay for that transaction.
- Please pay close attention to your payment details such as total bill, taxes, shipping costs, and discounts.
- There are certain products which require additional terms and conditions which you have to agree to before you make the purchase.
- Invoice of the order placed can be viewed from your account
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH OUR WEBSITE.
No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon us unless agreed to by us in writing.
We reserve the right to modify or change any transaction, without prior notice, and in our sole discretion to limit the order quantity on any item and to refuse service to anyone.
Pricing Disclaimer
All prices, products, and offers on our website are subject to change without notice.While we strive to provide most accurate and up-to-date information, in some cases one or more items on our website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from our suppliers. We reserve the right to change prices for all our products, offers, or deals. These changes may be due to market conditions, course termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, we will not change the price you paid at the time of purchase of any course.
Usage of Personal Information of Participants
We reserve the right to feature your picture in any photos, videos, or other promotional material used by Us. Further, we may use your personal information to inform you about other training courses offered by Us. However, we shall not distribute or share your personal information with any third-party marketing database or disclose your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and Courseware are at your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware. The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action. You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user. Youagree that Our liability or the liability of Our affiliates, directors, officers,
employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular training course.
Term and Termination
We reserve the right to block your access to the Content and Courseware with immediate effect as a result of your misrepresentation, default, misconduct, or breach of your obligations under this Agreement (“Event of
Default“). On the occurrence of any Event of Default, we shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
Indemnity
You agree to indemnify and hold Us, our subsidiaries, affiliates, contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys’ fees, arising out of your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Waiver
Neither failure nor delay on our part to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Severability
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws as specified under Governing Law and Jurisdiction section, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed byreplacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
Governing Law and Jurisdiction
For Participants who are a resident of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of California and the courts located in and serving the City and County of San Francisco, California shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement. For Participants who are not a resident of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Bangalore, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to you. We shall however publish the revised agreement on the Website so that you are aware of the revisions, modifications and amendments made by Us to this Agreement. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes. You are not permitted to assign this Agreement or the rights and obligations under this Agreement to any third party and you only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy, and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing your use of our website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.
Grievance Redressal
In case you have any concerns or queries, please reach out to our Grievance Officer. Our Grievance Officer shall undertake all reasonable efforts to address your grievances in the shortest possible time. you may contact us at:
- Grievance Officer: Ranjan Singh
- Email: grievance.redressal@simplilearn.net
Last Updated on 10th June 2023