Acceptance of this Agreement
By clicking on the 'SIGNUP'
option, the learner ("You" or "Your") agrees to the
Terms and Conditions, obligations, representations, warranties, and agreements
contained herein (the "Agreement"). In the event, You are not willing
to accept the Agreement, You shall not be authorized or allowed to proceed
further to view or use in any manner any content, information, Training Content and Material,
products and services ("Services") published, available or provided
on www.Learnoa.com (the
"Website"), which is owned, maintained and monitored by Certific
Technologies Private Limited ("Us", "We" or
"Our").
User ID and Password
By entering into this Agreement,
You acknowledge and agree that Your user ID and password ("Learner
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 Training Content and Material, and termination of this Agreement.
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 Help and Support Team if You become aware of or have reason to
believe that there is any unauthorized use of Your Learner 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 Learner 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 Learner Account.
Training Content and Material
As a part of our Services offered
through our Website, We shall grant you access to our content, videos, 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 certification training program You have registered for
("Training Content and Material").
We reserve the right to amend,
revise or update the training program offered to You. In the event such an
amendment, revision or updating occurs, We may require you pay an additional
fee to access such amended, revised, or updated Training Content and Material.
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 training program offered through the Website
till the time the completion of the training program 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 training program are
provided solely for Your personal and non-commercial use to assist you in
completing the certification training course You have registered for
("Restricted Purpose").
You are permitted online access
to the Website, the Services, and the Training Content and Material and may download,
save, or print the Training Content and Material solely for the Restricted Purpose.
You are not permitted to
reproduce, transmit, distribute, sub-license, broadcast, disseminate, or
prepare derivative works of the Training Content and Material, 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 Training Content and Material 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 Training Content and Material and as such are vested with all
Intellectual Property Rights and other proprietary rights in the Website, the
Services, and the Training Content and Material.
You acknowledge and agree that
this Agreement other than permitting You to use the Website, the Services, and
the Training Content and Material for the Restricted Purpose does not convey to You in
any manner or form any right, title or interest of a proprietary, or any other
nature in the Website, the Services, and the Training Content and Material.
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
certification 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 Training Content and Material are at Your sole
risk. We do not warrant that the Website or the Services or access to the Training Content and Material 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 Training Content and Material or as to the accuracy or reliability
of any information provided through the Website, the Services, or the Training Content and Material. In no event will We or any person or entity involved in creating,
producing, or distributing the Website, the Services, or the Training Content and Material 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 Training Content and Material.
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 Training Content and Material and that the risk of damage or injury from the foregoing rests entirely with each user.
You agree 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 Training Content and Material shall not exceed the fee you paid to Us for the particular
certification training course.
Term and Termination
This Agreement will become
effective upon Your acceptance of the terms of this Agreement by Your clicking
on the "I ACCEPT" button and, subject to the terms and conditions of
this Agreement, will remain in effect till You maintain a current, fully paid
up online Participant Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate
this Agreement and block Your access to the Training Content and Material with
immediate effect by sending a written notice through email to You to this
effect ("Immediate Termination Date"), if such termination is made as
a result of Your misrepresentation, default, misconduct, or breach of Your
obligations related to or 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.
The provisions of clause 4.3,
clause 7.2, clause 8 and clause 11 of this Agreement shall survive the
termination of this Agreement.
Indemnity
You agree to indemnify and hold
Us, Our 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 Training Content and Material or any violation or
breach of this Agreement or any provisions hereof.
Waiver
Neither failure nor delay on the
part of any party 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 of
India, the remaining provisions shall continue in full force and effect, and
the Agreement shall be deemed to be reformed by replacing 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 New York and the courts in New York 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. You acknowledge and agree that it is Your
responsibility to check the Website periodically for any revisions,
modifications, and amendments. Your continued use of or access to the Website,
the Services, and the Content and Training Content and Material 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 mentioned in 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, Rescheduling Policy, Terms of Use, 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.
