Terms and conditions

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: Last Updated on 10th June 2023

Career Bootcamp Terms and Conditions

In case You have subscribed to Simplilearn’s Career Bootcamp(s), please read the below mentioned applicable Career Bootcamp(s) Terms and Conditions carefully prior to Your enrollment.

  1. Full Stack Java Developer Career Bootcamp
  2. Data Science Career Bootcamp

SkillUp Premium Certificate

For the SkillUp Courses, users shall have free access to the Course content, but to access the Premium Certificate of the Course, Users have to purchase the Premium Certificate after paying the fee as mentioned on the Course page on the SkillUp platform.
Users are allowed to purchase the Premium Certificate for the Courses at any time during the Users’ learning journey after successful payment of the fee, but Users are allowed to unlock the Premium Certificate only and post completion of 85% of the Course.

Terms Of Use

Please read the following carefully

These terms and conditions (“Terms and Conditions”) control your use of this website Simplilearn.com (“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, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer.

The Simplilearn website (the ‘Site’), the educational services made available through the site and the content (the ‘Products’) are owned, operated and maintained, as applicable, by Simplilearn (‘we’, ‘our’, ‘us’, or the ‘Company’). The Site, Products and Content are, collectively, the ‘Company Products’.

By (a) using or accessing the Company Products, including, but not limited to downloading or accessing, (b) offering a Course through the Site or through Software; you agree to the terms and conditions set forth in these Terms of Use (the “Terms”)

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. Company’s 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’s website and its products or services (as defined below).

Please read them carefully before you use the services of this site.

  • 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 exposure, any content made available via our products, services, or various resources such as email, blog etc.
  • Our services are free 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 site and the company reserves the right to block access to our services for any user who does not follow these conditions
  • We make sure that users get uninterrupted access to our service, but there is no obligation to do so.
  • Simplilearn is not responsible and is not obligated for issues in your network or server beyond certain limits.

Website usage guidelines

  • Do not insult, abuse, harass, stalk, threaten, or otherwise 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 affect other computers.
  • It’s prohibited to edit HTML source code, reverse engineer or attempt to hack.
  • 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, and indulge in plagiarism with 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 undertake any control on the content of these websites; nor are we responsible for their website content. The sole purpose of the links included are to provide users information. Hence, Simplilearn will not be held responsible.

  • You may not mirror or frame the homepage or any other pages of this Site on any other website or webpage.
  • Do not link to Simplilearn pages and subpages with spam links/anchor text, which could provide a false impression. This may create misunderstanding for the users.
  • Do not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to Simplilearn website.
  • Do not link to pages which support racism, terrorism.
  • Do not link to pages which provide pornographic content and violate human and animal rights.
  • Do not link pages to content which infringes the intellectual property of any third party, person or entity.
  • Do not link pages to content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.

Copyright and Intellectual Property

We value and respect others intellectual property and expect our users to do the same.

The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are simplilearn.com, its affiliates, or other third party licensors. The material on the site, including text, graphics, code and/or software is copyrighted and belongs to Simplilearn, therefore you may not duplicate, modify, publish, or reproduce the content in any manner.

Simplilearn does not take any responsibility for the content on other sites (except our partners and affiliates), that you may find when searching or accessing Simplilearn products or services. The Privacy Policy and Terms of Use of the sites that you visit will administer that material.

Simplilearn has all the rights to disable or prohibit access to the users who do not respect and involve in the infringement of Simplilearn intellectual property.

You are not allowed to use any of the digital images or logos from the website. In case of copyright issues, there has to be a written consent from the trademark owner.

Claims of Intellectual Property Violations

If you believe that your work has been used without your permission in a way which prompts for copyright infringement. 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 the Simplilearn website, with enough detail that we may find it on the website.
  • 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

If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us with the information given below and we will act on it.

  • To make a transaction on Simplilearn website, you are bound 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 at http://lms.simplilearn.com/user/invoice
  • If a delegate has completed the course and is eligible for a certificate, then same shall be delivered to the address provided by the delegate within 30 working days.

WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH SIMPLILEARN.

No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon Simplilearn unless agreed to by Simplilearn in writing.

Simplilearn reserves the right to modify, change without prior notice and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone.

Subscription Services

You will be allowed to subscribe to a particular course or collection of courses (“Subscription Services”) and will be charged automatically, depending on payment frequency chosen by you, such as monthly/quarterly/yearly, as may be applicable.

You will be permitted to freeze or schedule the freeze of the Subscription Services at anytime and Simplilearn shall not charge you for any such opted Subscription Services according to the payment cycle. Further, the Subscription Services, access will be revoked if the user opts to freeze the subscription. You will have the option to re-subscribe to the particular Subscription Services again and the payment cycle will start accordingly.

Please note that Subscription Services discounts and any Subscription Services are only a limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription Services item information pages, and then only if you select the Subscription Services. Subscription Services are will last only till a particular period of time, as may be specified on the relevant page. Special limited time subscription promotions only apply during their effective dates.

Simplilearn retains the rights to modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Subscription Service that materially reduces the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.

If you register for a free trial of the Subscription Service, we will make the Subscription Service available to you on a trial basis, free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If we include additional terms and conditions on the trial registration web page, those will apply as well. During the free trial period, (i) the Subscription Service is provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Subscription Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Subscription Service. Unless you subscribe to the Subscription Service before the end of the free trial, all of your data on the Subscription Service will be permanently deleted at the end of the trial, and we will not recover it. Simplilearn shall not refund or in any ways discount, set off any amount once the trial period has ended. In case where You wish discontinue to paid Services, please login to your account. Go to Profile>Manage Subscription, click on Subscription and Freeze the subscription to stop any further payments being made.

Valid credit cards are the only payment method accepted for Subscription Services purchases. The customer shall at all time use a credit card for the use of Subscription Services and upon the completion of the free trial period, you will be charged automatically without the requirement of any further approval or consent, such a period of the trial period shall be mentioned on the at the time of registration to the Subscription Services, Simplilearn absolves any liability with regard to information of period of the free trial period.It is clarified that, once the Subscription Services are accepted the participants authorize Simplilearn and any of its affiliates to debit the accounts at regular intervals as may be notified to the participants

Further, you will have the option of cancelling the Subscription Services during the free trial period, without incurring any charges for the same. To initiate the free trial, Simplilearn shall charge you a token amount to ensure the validity of Credit Card. The token amount will be refunded automatically within 5 days. Further You may cancel your account with Simplilearn by reaching out to Help and Support Team

Your Subscription Services will remain in effect until it is cancelled. If you cancel your Subscription Services and then reactivate it, the discount applied to any Subscription Services item may not be the same discount in effect at the time of cancellation. If you reactivate a Subscription Services, it will be created with the same products with which you previously subscribed. If the Subscription Services discount percentage for such Subscription Services item changes, the new discount will be applied to your products of that item.

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. All fees are exclusive of any VAT, Service tax, GST or any other applicable law and tax deductions. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

LIMIT OF LIABILITY

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, or services purchases or obtained or messages received or transactions entered into through or from the Website or otherwise; (iii) unauthorized access to or alteration of your transmissions or data or confidential information; (iv) statements or conduct of any third party on the Products; (v) or (v) any other matter relating to the Products.

INDEMNITY

You agree to indemnify and hold the Company and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Pricing Disclaimer

All prices, products, and offers of Simplilearn website are subject to change without notice.

While we make sure 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.

Simplilearn reserves the right to change prices for all our products, offers, or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.

Proprietary Use of Simplilearn Study Material

Simplilearn reserves the right to change prices for all our products, offers, or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements and other extenuating circumstances. However, the price you paid at the time of purchase still holds for you.

Career Bootcamp(s)

In case You have subscribed to Simplilearn’s Career Bootcamp(s), please read the Career Bootcamp(s) Terms and Conditions carefully prior to Your enrollment.

Accessibility Policy

At Simplilearn, we believe in making our product accessible to everyone. To do so, we are committed to the following:

  • We aim to conform to internationally recognized Web Content Accessibility (WCAG) Guidelines 2.1 Level AA as well as the Section 508 standards.
  • We recognize that improving accessibility across our features is a continuous process. With new technologies and features that are developed, accessibility is considered in our product design, building, and offering.
  • Our Curriculum, content creators, and learning design specialists consider accessibility while creating our courses.
  • We prioritize accessibility bug fixes and strive to address the concerns that may hinder learning experience.
  • Any accessibility-related queries can be reported to accessibility@simplilearn.com
  • We have published our Voluntary Product Accessibility Template (VPAT) here: VPAT

Privacy Policy

Purpose

Simplilearn (“Simplilearn,” “we,” “us,” or “our”) is committed to protecting your privacy, we take data protection and privacy very seriously.

This Privacy Policy (“Policy”) describes how we collect, use, share and secure the personal information you provide when you visit the Websites and Mobile Apps owned and operated by us (listed below), and when you use our Service(s). It also describes your choices regarding use, access, withdrawal of consent (as per the terms hereof) and correction of your personal information. The use of information collected through our Service(s) shall be limited to the purpose of
providing the service that you have chosen. The capitalized terms used in this Policy but not defined herein shall have the same meaning as defined in our Terms and Conditions at (“Terms and Conditions ”).

For the purpose of this Privacy Policy, sensitive personal data or information of a personal nature is as defined under applicable privacy laws. Please note that usage of the terms personal information/ personally identifiable information/ personal data, in this Privacy Policy includes sensitive personal data or
information, wherever appropriate and/or mandated under applicable privacy laws.

Our Website and Mobile Apps, Including but Not Limited to:

Please read this Privacy Policy carefully, as it governs how you use our website or its affiliate products. If you do not agree to this Privacy Policy, please do not use our Services.

Notice to End Users

In some cases, an administrator may create an account on the behalf of an “End-User” and may provide his/her information, including Personal Information. In such cases the administrator who may be your Employer or an Authorized Training partner (ATP), is our “Client.” We collect Information under the direction of our Clients and have no direct relationship with the End-User whose personal data we process.

An End-User’s use of our website may be subject to the Client’s policies, if any.

Our client must have the authority to act on behalf of the End-User and to consent to the collection and use of their Personal Information as described in this Privacy Policy.

If you are an End-User using our website, please direct your privacy inquiries to your administrator. We are not responsible for the privacy or security practices of our Clients, which may differ from those set forth in this privacy statement.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

International Transfer

Personal data collected by us may be stored and processed in your region, and in any other country where the Company, its affiliates, or its data sub-processors operate facilities. To facilitate our global operations, we may transfer and access such information from around the world, including from other countries in which the Company has operations. A list of our global offices is available here. This Privacy Statement shall apply even if we transfer Data to other countries.

Currently, the Company and its data sub-processors have data centers in United States, India, Singapore and Japan.

The data we hold may also be processed by employees operating in countries listed above; such staff may be engaged in, among other things, product development and customer and technical support. The data protection and other laws of these countries might not be as comprehensive as those in your country. By submitting your data and/or using our Services, you consent to the transfer, storing, and processing of your data in these countries.

Note to our customers in Europe: We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do, we use contracts to help ensure your rights and protections travel with your data. By submitting your data and/or using our Services, you consent to the transfer, storing, and processing of your data in
these countries.

Use of your Personal Information and Other Data

The Company uses this Privacy Policy to govern the use of personal information you provide to us. We use your personal information solely to provide our services to you. We also use your Personal Identifiable Information (PII) together with other Personally Non-Identifiable Information (non – PII) to help us better understand our users and to improve the content and functionality of our site.

Personal Identifiable Information

We may collect the following personal information from you in the following situations

  •  When you visit our website or mobile apps and voluntarily provide the following information via one of our contact forms, via a chat or phone session, or as part of a purchase of one of our courses or when you register on our site:
    • Contact Information, such as name, email address, mailing address, phone number, IP.
    • Information about your business, such as company name, company size, business type.
    •  Your account details which may include billing information and the account password.

Note: All payment transactions are processed through secure payment gateway providers. We do not store any card information (other than the last 4 digits of your card) in our servers.

  • When you use our Learning Management System (*.lms.simplilearn.com), mobile applications, our support system or respond to our surveys:
    • Contact Information, such as name, email address, mailing address, IP address, geographic location, or phone number.
    • Unique Identifiers, such as username, or password.
  • When you use our community website or blogs

Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifiable information, except that it may prevent them from engaging in certain Site related
activities.

Non-Personal Identifiable Data:

We capture some Non Identifiable data in our logs. The data in the logs includes

  • Device type
  • browser type
  • Location
  • language preference,
  • time zone,
  • screen size
  • referring / exit pages

Use

We may use the personal information collected from within the Websites, chatbox, mobile, email or when you use the Service(s) to:

  • Provide you with the Service(s).
  • Send you communication from the Service(s)
  • Assess the needs of your business to determine or suggest suitable products.
  • Send you requested product or service information.
  • Respond to customer service requests.
  • Administer your account.
  • Send you promotional and marketing communications.
  • Facilitate your transactions with other users when you use our Service(s).
  • Perform statistical analyses of user behavior and characteristics at an aggregate level in order to measure interest in and use of the various areas of the site.
  • We use your personal information to communicate with you in relation to our services including information regarding content,
    courseware, products, inquiries, and services via different channels (e.g., by phone, email, chat) and by agreeing to this Privacy Policy
    you give us explicit permission to do so. Regardless of whether you have registered yourself under DND or DNC or NCPR service, you still authorize us to contact you for the above mentioned purposes.

When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided.

Share

If access to your Participant Account was provided by your employer or an Authorized training partner, we will share information, including personal information with them.

We may transfer personal information to our affiliates and sub-contractors that help us provide our Service(s). Transfers to subsequent third parties are covered by the service agreements with our data-processors. We reserve the right to disclose your personal data as required by applicable law, in response to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process served on us.

In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of our assets, your user account and personal data will likely be among the assets transferred. We may also disclose your personal information to any other third party with your prior consent.

Data from Third Parties

We also obtain data from third parties. We protect data obtained from third parties according to the practices described in this statement, plus any additional
restrictions imposed by the source of the data. These third-party sources vary over time, but have included:

  • Data brokers from which we purchase demographic data to supplement the data we collect.
  • Social networks when you grant permission to make your data public on these networks including, permission to access your data on one or more of these networks.
  • An enterprise customer where you are an employee using our services.
  • Existing or past learners who participate in our referral program
  • Service providers that help us determine a location based on your IP address in order to customize certain products to your location.
  • Partners with which we offer co-branded services or engage in joint marketing activities, and
  • Publicly-available sources such as open government databases or other data in the public domain.

We may receive Personal Information about you from other sources like postal mail, telephone or fax. We may add this information to the information we have already collected from you via the Site in order to improve the products and services we provide.

Rights to access, correction and deletion of Personal Information

You have certain rights in relation to your Personal Information. You can request access to your Personal Information and confirm that it remains correct and up-to-date and also request that we delete your Personal Information. Please also note that certain Personal Information may be exempt from such requests in certain circumstances, which may include if we need to retain your Personal Information to comply with any legal and regulatory purposes or obligation under
applicable laws.

Right to access: : We acknowledge that you have the right to access your Personal Information at any time. Upon such request to access, we will provide you with reasonable access to the Personal Information we collect about you.

However, there may be limits to the amount of information we can practically provide you. For example, we may limit an individual’s access to Personal
Information where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy or where doing so would violate others’ rights under the applicable laws.

Right to correction: We acknowledge that you have the right to either edit, correct/amend or update any inaccurate or incomplete Personal Information along with the supporting documentation. We provide access to either edit, correct/amend or update your Personal Information at any time by logging into your account. Even after your edit, correct/amend or update to your Personal Information, we may maintain and store older versions of such personal
information within our databases, access logs and other records in order to comply with other routine data audits and for legitimate business or any other legal or regulatory purposes or obligations under the applicable laws.

Right to deletion: We acknowledge that you have the right to delete your Personal Information, unless we have to retain that Personal information for
legitimate business or legal purposes or obligations. We aim to maintain our services in a manner that protects Personal Information from accidental or malicious destruction. Because of this, after you delete your personal information from our services, we may not immediately delete residual copies of information from our active servers or backup systems, which may or may not contain your Personal Information.

Even after your account is either deleted/ terminated, we retain your Personal Information or any data in relation thereof, for any your Personal Information or any data in relation thereof, for as long as we have any legitimate purposes in accordance with the applicable laws, including to assist with legal and regulatory purposes and obligations, resolve disputes, and enforce our agreements. We may retain and disclose such Personal Information or any data in relation thereof,
pursuant to this Privacy Policy and in accordance with the applicable laws.

Where the processing of your Personal Information is based on your consent, you have the right to withdraw your consent granted for processing of your Personal Information by issuing a written request to the Grievance officer.

You will have the opportunity to edit correct, amend, update or delete your Personal Information or withdraw your consent as follows:

  • If you have independently signed up for our Services, you may access, update or export your Personal Information included in your online account at any time by logging into your account and going to your profile or by reaching out to us.
  • If you are using an enterprise-provided account (an Authorized Training Partner or your Employer) Please review the section Notice to End Users.

Data Subject’s Rights To Complain

Users in the European Economic Area (“EEA”) and United Kingdom (“UK”)

If you are located in the EEA or UK, you have the right to request access to your data in a portable format and to request the rectification, erasure, restriction of processing, or objection to processing of your personal data. You may contact us via the means stated at the end of this Privacy Policy to submit your request. Additionally, if you are located in the EEA, UK, or Switzerland, you also have the right to lodge a complaint with the relevant Supervisory Authority in your jurisdiction, if you have concerns about our collection and use of your personal information that we cannot solve to your satisfaction.

Personal data is also processed outside of the UK, Switzerland, and the EEA by us, or our service providers, including to process transactions, facilitate payments, and provide support services as described in the privacy policy “Use” and “Share” section. We use Standard Contractual Clauses adopted by the European Commission to facilitate transfers of personal data from the EEA to third countries and have entered into data processing agreements with our
service providers or third parties to restrict and regulate their processing of your data. By submitting your data or using our Services, you consent to this transfer, storage, and processing by us and our sub-processors.

Users in Singapore

If you are a Singapore resident and you have a complaint, you may refer it to the office of the PDPC, as PDPC serves as Singapore’s main authority in matters relating to personal data protection and represents the Singapore Government internationally on data protection related issues. You may complain through PDPC | Report a Personal Data Protection Concern for breaches related to collection, use, disclosure and protection of personal data.

Users in California

If you believe a business has violated the CCPA, you may file a consumer complaint with the Office of the Attorney General. If you choose to file a complaint with the Office of the Attorney General, explain exactly how the business violated the CCPA, and describe when and how the violation occurred.
Only the Attorney General can file an action against businesses and using consumer complaints and other information, the Attorney General may identify patterns of misconduct that may lead to investigations and actions on behalf of the collective legal interests of the people of California. Please note that the Attorney General does not represent individual California consumers hence cannot represent you or give you legal advice on how to resolve your individual
complaint.

Users Other than US 

In order to provide the Services to you, we must transfer your data to the United States and process it there. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries.

Cookies and Other Tracking Technologies

The Company and our third-party partners, such as our advertising and analytics partners, (listed here) use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different Services and devices.

The types of cookies We use includes:

  • Essential Cookies: These cookies are essential for the basic functionalities offered by the Site and Service(s). These class of cookies helps in keeping a user logged in to the Service(s) and remember relevant information when they return to the Service(s).
  • Insight Cookies: These are used for tracking the user activities within the Service(s), which in turn helps us in improving your user experience.
  • Marketing Cookies: These are used for providing you with customized and interest-based ads based on your browsing behavior and other similar activities on our Websites.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some of the features that make your site experience more efficient may not function properly.

Advertisement

We partner with third parties to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on our Website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union, click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Analytics & Web-beacons

We use third party software for analytics. All metrics information collected from your usage of the Service(s) shall be transmitted to our analytics provider. This
information is then used to evaluate how users use our website, and to compile statistical reports on user activity for us. We may further use the same statistical analytics tool to track or to collect your Personally Identifiable Information (PII). We will use this information in order to maintain, enhance, or add to the functionality of the Service(s) and to personalize the experience for you. Aggregated information and analysis may be made public where desired by us.

We and our third-party advertising partners use technologies such as web beacons in analyzing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

Do Not Track.

Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT
header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. We do not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. We take privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Links to Third Party Sites

Our websites contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our websites and to read the privacy policies of each and every website that collects personal information.

Public Forums

We may provide bulletin boards, blogs, or community threads on the Company’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. We are not responsible for the personal
information you choose to submit in these forums.

Remember that when you share information publicly, it may be indexable by search engines.

Single Sign-On & Other social Media Features

Our websites include social media features, such as the Facebook “Like” button,  the “Share This” button or interactive mini-programs. Where we have your
consent, these features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing them.

You can log in to our websites using sign-in services by LinkedIn. The services will authenticate your identity and provide you with the option to share certain
personal information with us such as your name and email address.

Communications from the Websites

We may use your email address to send our newsletters and/or marketing communications. If you no longer wish to receive these communications, you can
opt out by following the instructions contained in the emails you receive or by contacting us at unsubscribe@simplilearn.com

We will send you announcements related to the Service(s) on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for
maintenance, we might send you an email. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may delete your Account.

Information Security

Our Websites and Service(s) have industry standard security measures in place to protect against the loss, misuse, and alteration of the information under our
control. When you provide us with sensitive information (such as credit card information or login credentials), we will encrypt that information via Secure
Socket Layer (SSL).

Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our websites or via the Service(s) and any transmission is at your own risk. Once we receive your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

  • Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
  • We use regular Malware Scanning.
  • Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
  • All payment transactions are processed through secure gateway providers and are not stored or processed on our servers

Testimonials

We post customer testimonials/comments/reviews on our websites which may contain personal information. Prior to posting the testimonial, we obtain the customer’s consent to post their name along with their testimonial. If you want your testimonial removed, please reach out to us

For TOGAF® 10th Edition:

We agree to keep confidential any and all information that comes into our possession regarding the Program’s examinations. If we are found to have disclosed the content of any of the Open Group’s examination scenarios, questions, or answers to any third party other than in the normal course of our attendees taking the examinations, the Agreement and all Schedules attached to it will be immediately terminated and the Open Group shall remove all of our ATCs and Affiliates from the Accreditation Register.

Children’s Personal Information

We do not knowingly collect any personal information from children under the age of 16. If you are under the age of 16, please do not submit any personal information through our websites or Service(s). We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide personal information through our Service(s) or Websites without their permission. If you have reason to believe that a child under the age of 16 has provided personal information to us through our websites or Service(s), please contact us and we will endeavor to delete that information and terminate the child’s account from our databases.

Amendments

We have the discretion to update this Privacy Policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at
the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and
become aware of modifications. Your continued use of this Websites or the Service(s) following the posting of any amendment, modification, or change to
this Policy shall constitute your acceptance of the amendments to this Policy. You can choose to discontinue use of the Websites or Service(s), if you do not accept the terms of this Policy, or any modified version of this Policy.

Contacting Us

If you have a complaint regarding data privacy, you may contact our Grievance Officer at the details provided below, who is responsible for redressing your grievances:

  • Name: Bharanidharan D
  • Designation: Data Privacy Officer
  • Email ID: dataprivacy@simplilearn.net

You can also reach out to us through postal mail at :

United States of America
Simplilearn Americas Inc.
201 Spear Street,
Suite 1100, San Francisco, CA 94105
United States

India
Simplilearn Solutions Private Limited
# 53/1 C, Manoj Arcade, 24th Main, Harlkunte
2nd Sector, HSR Layout
Bangalore – 560102, Karnataka, India.

Singapore
Simplilearn Singapore Pte. Ltd.
#14-302, The Plaza,
7500A Beach Rd,
Singapore 199591.

Last Updated on 10th June 2023

List of Data Subprocessors

Current as of March 17, 2022

 

* Only these subprocessors are used for our Enterprise customers

Refund Policy

Thank you for buying our courses. We ensure that our users have a rewarding experience while they discover, assess, and purchase our courses, whether it is an instructor-led or self-paced training.

As with any online purchase experience, there are terms and conditions that govern our Refund Policy. When you buy a training course from us, you agree to our Privacy Policy, Terms of Use and Refund Policy.

For Self Placed Learning:

To qualify for a refund, you must:

  • submit your refund request within 7 days of purchasing a course
  • have consumed less than 25% of the video-learning content
  • and not requested any exam voucher or kit.

Any refund request failing to meet any of the requirements will not be accepted and no refund will be provided.

For Instructor Led Training:

To qualify for a refund, you must:

  • submit your refund request within 7 days of purchasing your course
  • have consumed less than 25% of the video-learning content
  • have not attended more than one (1) live online class
  • and not requested any exam voucher or kit

Any refund request failing to meet all of these requirements will not be accepted and no refund will be provided.

University Partnered Programs /Bootcamps:

To qualify for a refund, you must submit your refund request within 7 days from the start date of the regular class (Live or Recorded as the case maybe) whether attended or not. Any refund request failing to meet this requirement will not be accepted and no refund will be provided.

For instructor led training & University Partnered programs, Simplilearn reserves the right to reschedule/cancel a class/session due to any unavoidable circumstances. Simplilearn will reschedule any cancelled class/session.

Cancellation & Refunds: For CSM, CSPO, PSM, PSPO programs

We reserve the right to reschedule/cancel a class/session due to any unavoidable circumstances, or change the location of a class [if applicable]. To qualify for a refund, you must:

  • not have attended any classes
  • submit your refund request within 7 days of purchasing a course

Refund request can be initiated in two ways

  •  From my orders section, by clicking on “Initiate Refund” for the relevant course. This will work when item purchase-quantity is one.
  • In case item purchase-quantity is more than one, please reach out to our support team through our Help & Support section on the website.

Refunds: Duplicate payment

Refunds of any duplicate payments will be processed via the same source (original method of payment) within 10 working days after you have submitted your request.

Simplilearn reserves the right to revise this policy without any prior notice.

Last Updated on 10th June 2023

Rescheduling Policy

In case Simplilearn reschedules the training event, the options available to the delegates are:

  • 100% refund, if the rescheduled dates do not fit into the delegate’s schedule.
  • The delegate would have the privilege of rescheduling and attending a class in future at his/her convenience, at any location, on any date of a scheduled training.
  • The delegates, if they so wish, can send a replacement. However, this should be intimated to Simplilearn Solutions at least 3 days prior to the event.

Whereas, if for some unforeseen reasons, a delegate wishes to reschedule his/her registration to a future date, a rescheduling fee is charged as mentioned below:

  • If the rescheduling request is received 10 business days prior (or more), 10% of registration fee will be charged.
  • Please note that rescheduling will be subject to availability of seats.
  • If the request of rescheduling is received within 10 business days or less, no rescheduling will be allowed. However, the delegate can send a replacement instead.

Notwithstanding the foregoing, the course must be attended within 6 months of the participant’s original sign-up date, and no refunds or credits will be available for participants who fail to attend a course within this six-month period.

Community Guidelines & Terms

Skill-up Community Platform User Terms and Conditions

Skill-up Community Platform (“Platform”) and its related services is owned and operated by Simplilearn Solutions Private Limited (“Simplilearn” or “Company” or “Us” or “Our” or “We“) having its registered office at #53/1C, Manoj Arcade, 24th Main, Harlkunte, 2nd Sector, HSR Layout, Bangalore-560102, Karnataka, India. Please read the Skill-up Community Platform User Terms and Conditions (“Platform Terms and Conditions”) carefully before using the Platform. By using the Platform, You agree to abide by and be bound by all the Platform Terms and Conditions and You are deemed to have accepted the Platform User Terms and Conditions. In addition to these Platform Terms and Conditions, Your use of the Platform is also subject to Simplilearn.com Terms and Conditions and/or Terms of Use and/or the Privacy Policy, as may be applicable, to which You agree by using the Simplilearn.com website or its corresponding mobile application / mobile site (collectively hereinafter referred to as “Simplilearn.com”). To the extent the Simplilearn.com Terms and Conditions and/or Terms of Use and/or the Privacy Policy are inconsistent with the Platform User Terms and Conditions, the Platform Terms and Conditions will prevail with respect to Your use of the Platform and any of its related services.

For the purposes of this Platform User Terms and Conditions –

  1. Applicable Law(s)” mean and includes all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, circulars, press notes, directives and orders of any court, government, statutory authority, board (in each such case whether preliminary or final), and, if applicable, international treaties and regulations and all amendments thereto from time to time.
  2. Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
  3. User” or “You” refers to any user (individual or otherwise) of the Platform and its related services.
  4. Minimum Age” means 18 years old. However, if the Applicable Law requires that You must be older in order to use the Platform without parental consent (including using of your personal data) then the Minimum Age is such older age.
  5. Content” means and includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), data, database, tags, labels, text, questions, lectures, quiz, graphics, diagrams, concepts, diagram, trainings, reviews, comments, suggestions, ideas, audio and/or visual animations or illustrations, options, solutions, answer keys, hints, representations, prints, audio and/or visual representations generated optically, electronically, digitally or by any other means.

I. Conditions relating to Your Use of the Platform:

1. Your User Account:

If You use the Platform, You are responsible for maintaining the confidentiality of Your User account and password and for restricting access to Your computer to prevent unauthorised access to Your User account. You agree to accept responsibility for all activities that occur under Your User account or password. You should take all necessary steps to ensure that the Your User account password is kept confidential and secured and should inform us immediately if you have any reason to believe that Your User account and/or password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. To use Platform, You agree and acknowledge that: (1) Your User account information is truthful and correct; (2) You fulfil the Minimum Age criteria; (3) You are not already restricted by the Platform from using the Platform and its related services; (4) You will use Your User account solely for education purposes and not for any business or commercial purposes; (5) You will only publish Content or information on the Platform that does not violate the Applicable Law nor any third-party rights (including intellectual property rights, right to privacy, etc.). (6) Nothing contained in the Platform Terms and Conditions shall create an employment, agency, partnership or joint venture relationship between Us and You in relation to Your usage of the Platform and its related services. We reserve the right to refuse access to the Platform, terminate or suspend Your User account, remove or edit Content publish by Your User account at any time without notice to You, in case Your are in breach of these Platform Terms and Conditions.

2. Community Platform for Communication and Educational Purposes:

You agree, understand and acknowledge that the Platform is an online community platform solely for educational purpose that enables you to interact with other Users on the Platform and in relation thereof You agree and understand that: (1) We are not responsible for the conduct of any of the Users of the Platform, (2) We does not endorse any particular User or their Content published on the Platform, (3) We do not review and/or vet any of the User Content, except under exceptions circumstances including receipt of communication from government or non-government agencies or other regulatory authorities.

3. Access to Platform:

We will do Our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet connectivity, this cannot be guaranteed. Also, Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. License to access the Platform:

Subject to Your adherence with these Platform Terms and Conditions, We grant You a non-exclusive, limited and revocable-at-will licence to access and use of this Platform and its related services solely for educational purposes and not for any commercial purpose. This foregoing grant of license to access and use of this Platform for educational purpose does not permit You either to download (other than page caching) or modify the Platform and its related services or any portion thereof, except with Our express written consent. The foregoing grant of licence to access and use of this Platform for educational purpose does not include any resale or commercial use of this Platform and its related services or any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Platform. This Platform and its related services or any portions thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without Our express written consent. The Platform and its related services are copyright of Simplilearn. All rights reserved. You should not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simplilearn and its Affiliates without Our express written consent. You should not use any meta tags or any other “hidden text” utilising Simplilearn’s or its Affiliates’ names or trademarks without Our express written consent. Any unauthorised use of Simplilearn’s or its Affiliate’s trademark, logo, or other proprietary information will automatically terminate the permission or license granted herein above by Us. We reserve the right to refuse access to the Platform, terminate or suspend Your User account at any time without notice to You, in case You are in breach of this provision.

5. Children

The grant of license under these Platform Term and Conditions to use the Platform and its related services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor (i.e. under the age of 18 years), You may use the Platform and its related services only with the involvement and under strict supervision and guidance of Your parent or legal guardian, as may be applicable.

6. Privacy Notice:

You agree that all personal data and information that You submit to Us while using the Platform and its related services will be accessed, stored, processed and used in accordance with these Platform Terms and Conditions and the Simplilearn.com Privacy Policy. By using the Platform and its related Services You consent to receive communications (including transactional, promotional and/or commercial messages) from Us with respect to Your use of the Platform and its related services.

7. Your Conduct and Obligations:

  1. The Platform is not for use by anyone under the Minimum Age (defined). You should not create a fake User someone else, or any other image that is not your likeness, for Your User account photo. Creating a User account with false and misleading information for fraudulent purposes, or in connection with any criminal offense or other unlawful activity is a violation of Platform Terms and Conditions, including accounts registered on behalf of others or persons under the Minimum Age criteria. We reserve the right to block/ remove/ terminate such User account on the Platform for violation of the Platform Terms and Conditions.
  2. You should not use the Platform or its related service:
    • To scam, defraud, deceive other Users on the Platform.
    • To cause annoyance, inconvenience or needless anxiety amongst other Users of the Platform.
    • To facilitate romance scams, promote pyramid schemes, or otherwise defraud other Users on the Platform.
    • To develop and share malicious software that puts the Platform, its related services, and its Users at risk.
    • To develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform and its related services or otherwise copy User account profiles and other data from the Platform.
    • To override any security feature or bypass or circumvent any access controls or User limits of the Platform (such as caps on keyword searches or profile views).
    • To violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other Content of others without their permission, which they may give by posting under any creative commons licenses.
    • violate the intellectual property or other rights of Simplilearn, including, without limitation: (i) copying or distributing Our learning videos or other materials or (ii) copying or distributing Our technology, unless it is released under open-source licenses; (iii) using the word “Simplilearn”, “Skill-up” or our logos and trademarks in any business name, email or URL.
    • To reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform and its related services or any related technology that is not open source.
    • To imply or state that you are affiliated with or endorsed by Us without our express consent (e.g., representing Yourself as an accredited Simplilearn trainer).
    • To rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform and its related services.
    • To engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform and its related services.
    • To interfere with the operation of, or place an unreasonable load on, the Platform and its related services (e.g., spam, denial of service attack, viruses, gaming algorithms).
    • To reveal others’ personal or sensitive information or incite other Users to do the same.
    • For untargeted, irrelevant, obviously unwanted, unauthorized, in appropriately commercial or promotional, or gratuitously repetitive messages.
    • For any form of phishing attempts.
  3. You should not copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines) without Our written consent.
  4. The Content that You publish on the Platform
    • should solely be for educational purpose and should add to the Platform in a constructive manner.
    • always adhere to the Platform Publishing Guidelines and should not contains software viruses, worms, or any other harmful code.
    • remains Your work. You own the rights to any original Content that You publish on the Platform and You grant Us a non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable, transferable and worldwide license and right to use copy, modify, distribute, publish and process such Content without any further consent/permission/authorisation. You agree that the foregoing grant of license and rights are irrevocable during the entire period of protection of Your intellectual property rights associated with Your Content. You agree to waive Your right to be identified as the author of such Content and Your right to object to derogatory treatment of such Content. You agree to perform all further acts necessary to perfect any of the above rights granted by You to Us, including the execution of deeds and documents in relation hereof, at Our request.
  5. Simplilearn reserves the right (but not any obligation) to:
    • distribute Your Content, annotate Your Content and sell advertising on pages where your Content appears.
    • restrict, suspend, block, disable or terminate Your Skill-up Community Platform account and/or takedown, disable, block Your Content for any violation of the Skill-up Community Platform User Terms and Conditions (including Skill-up Community Platform Publishing Guidelines).
    • restrict, suspend, block, disable or terminate Your Skill-up Community Platform account and/or takedown, disable, block Your Content if You are found using infringing Content.
  6. With respect to the Content that you publish on the Platform, You represent and warrant that:
    • You own or otherwise control all the intellectual rights to the Content published by You on the Platform.
    • as on the date the Content is published on the Platform:
      1. the Content is accurate, correct and lawful.
      2. use of the Content will not breach any Applicable Laws, Platform Terms and Conditions and will not cause injury to any person or entity (including that the Content is not defamatory).
  7. With respect to the Content that you publish on the Platform, You agree to indemnify Simplilearn, its Affiliates and their respective officers, directors, agents and employees for and against all claims for damages brought against Us by any third party due to Your negligent or wilful breach of these Platform Terms and Conditions.

8. Platform Publishing Guidelines:

The Content that You publish on the Platform should always adhere to the following publishing guidelines.
  1. The Content should not be misleading, fraudulent, obscene, threatening, hateful, defamatory, discriminatory, illegal, or violate any Applicable Law.
  2. The Content should not be harassing Content. We do not allow bullying, harassment or abusive Content on the Platform. This includes targeted personal attacks, intimidation, shaming, disparagement, and abusive language directed at other Users of the Platform. You should not engage in trolling or other repetitive negative content that disrupts other Users or conversations on the Platform.
  3. The Content should not threaten, incite, or promote violence in any manner whatsoever. We do not allow threatening or inciting violence of any kind on the Platform. We do not allow individuals or groups that engage in or promote violence, property damage, or organized criminal activity on the Platform. You should not use the Platform and its related services to express support for such individuals or groups or to otherwise glorify violence.
  4. The Content should not depict exploitation of children in any manner whatsoever. We have zero tolerance for Content that depicts the sexual exploitation of children. You should not share, post, transmit, or solicit child exploitation material through or using the Platform and its related services. You should not use the Platform in any way to facilitate, encourage, or engage the abuse or exploitation of children. When We become aware of any Content with apparent child exploitation, We reserve the right (but not any obligation) to report it to the relevant regulatory and local law enforcement agencies.
  5. The Content should not contain nudity or sexual activity. We have zero tolerance for Content that contain nudity or sexual activity. You should not share, post, transmit, or solicit content that contains nudity or sexual activity through the Platform or using the Platform related services. You should not use the Platform and its related services in any way to facilitate, encourage, or engage in the use of Content that contains nudity or sexual activity. When We become aware of any Content with nudity or sexual activity, We remove such Content and We reserve the right (but not any obligation) to report such Content to the relevant regulatory and local law enforcement agencies.
  6. The Content should not promote, sell or attempt to purchase illegal or dangerous goods or services on the Platform. We do not allow Content that facilitates the purchase of illegal or dangerous goods and/or services, prostitution, and escort services on the Platform. We do not allow Content that promotes or distributes fake educational and/or professional certifications, sale of scraped data, proxy test-taking, or instructions on creating forged official documents on the Platform. You should not use the Platform and its related services to hold lotteries, contests, sweepstakes, or giveaways. You should not use the Platform and its related services to sensationalize or capitalize on tragic events for commercial purposes. We do not allow Users to engage in inappropriate or unsafe commercial transactions on the Platform. We reserve the right (but not any obligation) to remove Content that promotes, distributes, facilitates access to, or attempts to sell illegal or regulated goods and services and report it to the relevant regulatory and local law enforcement agencies.
  7. The Content should not promote dangerous organizations or individuals on the Platform. We do not allow any terrorist organizations or violent extremist groups on the Platform. We do not allow any User who affiliate with such terrorist organizations or groups to have an User account on the Platform. Content that depicts terrorist activity, that is intended to recruit for terrorist organizations, or that threatens, promotes, or supports terrorism in any manner is strictly not tolerated and We reserve the right (but not any obligation) to remove such Content and report such Content to the relevant regulatory and local law enforcing agencies.
  8. The Content should not attack, denigrate, intimidate, dehumanize, incite or threaten hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, age, or disability status. Hate groups are not permitted on the Platform. You should not use Content with racial, religious, or other slurs that incite or promote hatred on the Platform. You should not post or share Content on the Platform that denies a well-documented historical event such as the Holocaust or slavery in the United States, etc. We reserve the right (but not any obligation) to remove such Content that attacks, denigrates, intimidates, dehumanizes, incites or threatens hatred, violence, prejudicial or discriminatory action against individuals or groups because of their actual or perceived race, ethnicity, national origin, caste, gender, gender identity, sexual orientation, religious affiliation, or disability status. We reserve the right (but not any obligation) report such Content to the relevant regulatory and local law enforcing agencies.
  9. The Content should not contain harmful or shocking material. We do not allow Users to publish on the Platform, Content that is excessively gruesome or shocking. This includes Content that is sadistic or gratuitously graphic, such as the depiction of bodily injury, severe physical or sexual violence. We do not allow on the Platform any content, activities, or events that promote, organize, depict, or facilitate criminal activity. We do not allow on the Platform any Content depicting or promoting instructional weapon making, drug abuse, and threats of theft. You should not engage in or promote escort services, prostitution, exploitation of children, or human trafficking on the Platform by using the Platform related services. You should not share on the Platform Content or activities that promote or encourage suicide or any type of self-injury, including self-mutilation and eating disorders. We reserve the right (but not any obligation) to remove depictions of extreme violence, along with image or video Content that is excessively gory, gruesome, or disturbingly shocking and report such Content to the relevant regulatory and local law enforcement agencies.
  10. The Content should not contain false or misleading information. You should not share on the Platform any Content in a way that you know is, or think may be, misleading or inaccurate, including misinformation or disinformation. You should not share on the Platform any Content that is intended to interfere with or improperly influence an election or other civic process. We may prevent You from posting Content from websites that are known to produce or contain false, misleading and misinformation. You should not share on the Platform Content that directly contradicts guidance from leading global health organizations and public health authorities, including false and misleading information about the safety or efficacy of COVID-19 and/or COVID-19 vaccines.
  11. The Content that You publish on the Platform should be Your original work. In case the Content that You publish on the Platform is not original then You should have obtained necessary right and permission from the owner of the original Content to publish such Content on the Platform. You will not publish any Content on the Platform for which You do not possess necessary right and permission from the owner of the original Content. This includes other people’s contents, contents that You have found on the internet, or contents that belongs to Your employer but not You. Most content on the internet belongs to someone, and unless You have clear right and permission from the owner of such content to publish such content on the Platform, You should not publish such Content on the Platform. You can republish something that You have published somewhere else, as long as it is original Content that You own the rights over such Content.
  12. You are solely responsible for Your Content published on the Platform, including any harm caused by Your Content to other Users of the Platform or harm caused to You due to Your publishing of Your Content on the Platform.

9. Disclaimer:

You acknowledge and undertake that You are accessing the Platform and its related services at Your own risk and are using Your best and prudent judgment in relation thereof. You further acknowledge and undertake that You will use the Platform and its related services only for educational purpose and not for business or commercial purposes. We shall neither be liable nor responsible for any actions or inactions of other Users of the Platform nor any breach of conditions, representations or warranties by any other Users of the Platform and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and other User of the Platform. On the Platform, You may encounter Content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. In relation hereof, You understand, acknowledge and agree that:
  • the Platform, as an intermediary as defined under the Applicable Laws, is generally not responsible and is not under any obligation for examining or evaluating any Users Content of the Platform and We do not review, warrant and endorse any Content provided by other Users on the Platform. We do not assume any responsibility or liability, in any manner whatsoever, for any User Content on the Platform or their use of the Platform and its related services.
  • the Platform as an intermediary as defined under the Applicable Laws does not supervise, direct, control or monitor Users usage of the Platform and its related services and We are not responsible for other Users Content or information on the Platform and We do not endorse the same, in any manner whatsoever.
  • The Platform as an intermediary as defined under the Applicable Laws, may conduct minimum due diligence, to the extent required and permitted under the Applicable Laws, with respect to the Content on the Platform from time to time, We cannot always prevent the misuse of or abuse on the Platform and its related services by Users of the Platform. We are not responsible for any such misuse of the Platform and its related services by the Users of the Platform.

10. No Warranty and Exclusion of Liability:

SIMPLILEARN AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE PLATFORM AND ITS RELATED SERVICES, INCLUDING ANY REPRESENTATION (EXPRESSED OR IMPLIED) THAT THE PLATFORM AND ITS RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND WHILE WE HAVE TAKEN ALL NECESSARY PRECAUTIONS TO AVOID INACCURACIES IN THE PLATFORM AND ITS RELATED SERVICES, WE PROVIDE THE PLATFORM AND ITS RELATED SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SIMPLILEARN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SUTAIBILITY, QUALITY, COMPLETENESS, TIMELINESS, PERFORMANCE, SAFETY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SIMPLILEARN INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THE PLATFORM AND ITS RELATED SERVICES FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, WASTED EXPENDITURE, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN SIMPLILEARN AND ITS AFFILIATES WILL NOT BE LIABLE TO ANY USER IN CONNECTION WITH THEIR USE OF THE PLATFORM AND ITS RELATED SERVICES FOR ANY DIRECT OR INDIRECT DAMAGES, CLAIMS, AMOUNTS, ETC. IN ANY MANNER WHATSOEVER.

11. No Waiver:

If You breach these Platform Terms and Conditions and We fail to take any action against You due to any reasons, You understand that Our failure to enforce any of Our rights under these Platform Terms and Conditions in any instance shall not be deemed to be a waiver of future enforcement of that or any other provision of the Platform Terms and Conditions.

12. Force Majeure Events:

The Platform is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, pandemic, epidemic or any other circumstance beyond the reasonable control of Simplilearn or its Affiliates (collectively referred to as “Force Majeure Event“). Simplilearn or its affiliates shall be not liable for any delay or adverse effect caused to the Users as a result of any Force Majeure Event. We will not be held responsible for any delays or failures to comply with Our obligations under these Platform Terms and Conditions if the delays or failures arises from any Force Majeure Event which is beyond Our reasonable control. This condition does not affect Your statutory rights.

13. Governing Law and Jurisdiction:

These Platform Terms and Conditions shall be governed by the laws of the Republic of India and You agree that the courts at Bangalore shall have the exclusive jurisdiction in respect of any disputes or any matter arising in relation hereof.

14. Changes:

We may, to the maximum extent permitted under the Applicable Law and in Our sole discretion change/ modify/ amend/ alter the Platform Terms and Conditions from time to time and/or suspend or discontinue the Platform or any of its related services. If we make material change/ modification/ amendment/ alteration to the Platform Terms and Conditions and/or suspend or discontinue the Platform or any of its related services, then We will provide You with an intimation of such material change/ modification/ amendment/ alteration in any manner as may be deemed appropriate by Us. Your continued use of the Platform and its related services after we intimate You about the material change/ modification/ amendment/ alteration to the Platform Terms and Conditions means that You are consenting to the updated Platform Terms and Conditions. You agree that We can provide You with the intimations mentioned hereinabove through the Platform. You agree and understand that all decisions related to the Platform, its related services and the Platform Terms and Conditions by Us are final and binding on You.

15. US Sanctions Policy:

The grant of license under these Platform Terms and Conditions are automatically revoked and Your use of the Platform and its related services is terminated with immediate effect if You are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where You are the Platform and its related services. You must at all times comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology and services.

16. Entire Agreement:

These Platform Terms and Conditions constitutes the complete and exclusive understanding and agreement between You and Us with respect to the Platform and its related services and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter contained herein.

17. Severability:

If any provision of these Platform Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Platform Terms and Conditions will remain in full force and effect, and the provision affected will be construed in a manner so as to be enforceable to the maximum extent permissible by law to achieve its intent.

18. Assignment:

You shall not assign or transfer, either directly or indirectly, in whole or in part, to any third-party, Your obligations under these Platform Terms and Conditions without Our express prior consent. However, You agree that Simplilearn may, without your consent, assign its obligation under these Platform Terms and Conditions to its Affiliates or to any third-party by virtue of sale or transfer of all or substantially all of Our assets (or any of Our subsidiaries) or Our acquisition by or merger, into another company (including consolidation, reorganization, restructuring).

19. Notice:

You agree that the only way to provide Us with legal notice is via email to: legal@simplilearn.net

20. Report Inappropriate Content, Messages, or other Safety Concerns:

  1. If You are concerned about inappropriate or unsafe Content on the Platform and You notice something You believe may violate these Platform Terms and Conditions, including inappropriate content, behavior, or Users whether in profiles, posts, messages, comments, or anywhere else, please report the Content or User directly to Us by sending an email. Combined with Our automated defenses, these reports by You will help Us identify and prevent abuse on the Platform. Please use this reporting email responsibly and only for their intended purposes. Your report will be sent to appropriate customer service team for necessary evaluation. You won’t receive an email or confirmation reply unless the appropriate customer service team needs additional information. It is against our Privacy Policy to share the identity of someone who flags any Content that violates the Platform Terms and Conditions. We have limited ability to act on Content appearing beyond Our Platform unless such Content is in direct violation of the Platform Terms and Conditions.
  2. If You believe that Your rights are being violated by any Content on the Platform, then You may email Us at: connect@simplilearn.com with subject line mentioned as “Claim of Infringement” along with supporting evidence in relation to such claim.
  3. If You believe that any User of the Platform and/or User Content published on the Platform violates the Platform Terms and Conditions, then you may email Us immediately at: connect@simplilearn.com with the subject line as “Violation of Platform Terms and Conditions” along with supporting evidence in relation to such violation. After reviewing the reported violation, We will take appropriate measures including warning or suspending the User and blocking or takedown the Content if the reported Content is in violation of the Platform Terms and Conditions. You can report the following:
    • Spam, misinformation, inappropriate and offensive content
    • Inappropriate profile photos
    • Fake or Inaccurate profiles. If You find inaccurate information on another User Account on the Platform, You can report it to Us. Inaccurate information can include but is not limited to false claims of employment, education, accomplishments, and awards.
    • Inappropriate groups. If You are part of a group and You see inappropriate conversations, comments or spam. You can report it to Us
    • Phishing or suspicious messages (Scams). Scams are a form of fraud, usually committed through email. Scammers create false identities or impersonate legitimate people or companies. Their goal is to steal Your money or in some cases, Your identity and personal data. There are several warning signs of a typical scam message, including but not limited to:
      • o Offers that seem too good to be true.
      • o Messages containing spelling or grammar mistakes.
      • o Messages that aren’t addressed to you personally.
      • o Messages asking you for personal or financial information.
      • o Advanced fee fraud scams
      • o Job scams
      • o Technical support scams
      • o Dating and romance scams
      If You have received a scam message on the Platform, report it to Us. If you have been victim of a scam, report it to your local law enforcement agencies.
    • Threats and abuse. If another User of the Platform is contacting You on the Platform and using threatening or abusive language, You can report it to Us and block that User.
    • Harassment – If another User of the Platform is contacting You on the Platform and using hostile language or doing anything that makes You feel uncomfortable, You can report it to Us and block that User.
    • Other safety concerns – If You see something on the Platform that looks suspicious, appears to be misinformation, is offensive, violates these Platform Terms and Conditions, or makes You uncomfortable, You can report it to Us.

21. Violation of Platform Terms and Conditions:

We reserve the right (but not any obligation) to restrict, suspend, or terminate User account and/or takedown and remove User Content that breaches or violates these Platform Terms and Conditions (including the Platform Publishing Guidelines). When We takedown and remove Content, We also send You a notice that Your Content violates these Platform Terms and Conditions (including the Platform Publishing Guidelines) and the action We are taking on such Content. If You believe Your Content has been removed in error, You have the opportunity to appeal by emailing Us at: connect@simplilearn.com with subject line as “Appeal for Re-review” along with supporting evidence and We will re-review Your Content. In general, three (3) violations of these Platform Terms and Conditions will result in account restriction. We provide the opportunity to appeal an account restriction, and We may, at our sole discretion, reinstate a restricted account if the User agrees to comply with these Platform Terms and Conditions. Continued violations of these Platform Terms and Conditions will result in permanent restriction from the Platform. Notwithstanding anything contained herein, for certain violations of these Platform Terms and Conditions including but not limited to child sexual abuse material, terrorism, extremely violent and hateful content, sexual harassment and breach of Platform publishing guidelines, We may, at our sole discretion, permanently terminate or restrict or suspend Your User account after a single violation.

22. Miscellaneous:

These Platform Terms and Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Scholarship General Terms & Conditions

  1. In case of Tie……
  2. The decision of Simplilearn management will be final and binding.
  3. Currently Enrolled learners of Job guarantee program of Simplilearn are not eligible to participate in the career Test.
  4. Current Simplilearn employees are not eligible for the scholarships.
  5. Winners selection is at the sole discretion of the company.
  6. Any information shared by the learner if found invalid will lead to disqualification.
  7. The company has sole discretion to change the rewards at any time.
  8. In addition to the specific eligibility criteria, you also need to fulfill the following general eligibility criteria:
    1. You should be an individual legal resident of the Republic of India;
    2. You should be of an age 18 years or above at the time of entry into this Contest.
  9. By entering into this Simplilearn ACE Scholarship, you consent to being placed on a mailing list for promotional and other marketing materials for Simplilearn. You may update or change your email preferences at the email preferences page.
  10. Please note that Simplilearn or its affiliates may be running similar programs or promotions at the same time as this Simplilearn ACE Scholarship. By entering this Simplilearn ACE Scholarship, you will not be eligible to receive any benefit and/ or prize awarded in any other program or promotion unless you enter into each program or promotion separately. If you are declared a winner under this Simplilearn ACE Scholarship, you will not be eligible to receive any prize or benefit under any other similar program or promotion run by Simplilearn.
  11. Subject to these T&Cs of Simplilearn ACE Scholarship, only 1 (one) Scholarship reward/ prize will be awarded to the winner under this Simplilearn ACE Scholarship. The Scholarship reward/ prize under this Simplilearn ACE Scholarship is not for resale.
  12. Each Scholarship reward/ prize under this Simplilearn ACE Scholarship will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). There are no cash or other prize alternatives available in whole or in part. However, in circumstances beyond control, Simplilearn may substitute a similar alternative prize of equal or greater value in its sole discretion. The Scholarship reward/ prize under this Simplilearn ACE Scholarship is non-transferable, non- exchangeable for cash. The Scholarship reward/ prize under this Simplilearn ACE Scholarship cannot be clubbed with any other Contest/ Offer / Facility / Right offered by Simplilearn.
  13. Simplilearn may, to the maximum extent permitted by applicable law and in its sole discretion, change the Simplilearn ACE Scholarship T&Cs or cancel the Simplilearn ACE Scholarship at any time; or modify, terminate, or suspend the Simplilearn ACE Scholarship should viruses, worms, bugs, unauthorized human intervention or other causes beyond our control corrupt or impair the administration, security, fairness or proper play of the Simplilearn ACE Scholarship or submission of entries. In such an event, Simplilearn may at its sole discretion make available the modified T&Cs or appropriate communication, in the manner as may be determined by Simplilearn from case- to-case basis.
  14. Simplilearn or its affiliates will not be responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the Simplilearn ACE Scholarship, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Simplilearn ACE Scholarship; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; or (d) injury or damage to your or any other computer or mobile resulting from downloading any materials in connection with the Simplilearn ACE Scholarship.
  15. Simplilearn may, in its sole discretion, disqualify any participant found to be: (a) tampering with the entry process or the operation of the Simplilearn ACE Scholarship; (b) acting in violation of these Simplilearn ACE Scholarship T&Cs; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
  16. By participating in this Simplilearn ACE Scholarship, you give Simplilearn and its affiliates permission to use your name and images, as such may be embodied in any pictures, photos, write-ups, video recordings, audiotapes, digital images, and the like, taken or made in relation to the Simplilearn ACE Scholarship and any promotions, events, or contests to follow. You agree that Simplilearn and its affiliates has the right to publish your saved item details for any communication, promotions, events, or contests that follow. You agree that Simplilearn has complete ownership of such write-ups, pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the internet. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Simplilearn and its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use. You give your consent to Simplilearn, its agents and assigns to use your name and likeness to promote the Simplilearn ACE Scholarship and any promotions, events, or contests to follow. You understand that, by participating in the Simplilearn ACE Scholarship, you are sharing your data with Simplilearn and its affiliates.
  17. This Simplilearn ACE Scholarship is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of Simplilearn or its affiliates (“Force Majeure Event”). Simplilearn or its affiliates shall be not liable for any delay or adverse effect caused to the participants in the Simplilearn ACE Scholarship including the winners as a result of a Force Majeure Event.
  18. This Simplilearn ACE Scholarship is being made available purely on a “best effort” basis and participating in this Simplilearn ACE Scholarship is voluntary. By participating in the Simplilearn ACE Scholarship, you will be legally bound hereby, to release from liability, and hold harmless Simplilearn and its affiliates, any of its employees or agents representing or related to Simplilearn and its services/products for any matters in relation to this Simplilearn ACE Scholarship, including the related rewards and prize. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of the benefits/ prizes offered under this Simplilearn ACE Scholarship, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Simplilearn ACE Scholarship, even if caused or contributed to by our negligence.
  19. All information submitted in connection with this Simplilearn ACE Scholarship will be treated in accordance with these Simplilearn ACE Scholarship T&Cs and Simplilearn Privacy Policy available at: https://www.simplilearn.com/terms-and-conditions#privacy-policy
  20. We may exchange electronic versions of documents, data, e-mails, and other messages with you using commercially available software. Further, for your benefit, we may use cloud-based and other service providers, and various devices and media, to store your documents and data, communicate with you, and perform other data handling and management activities in connection with our work for you. Such communications and media can be vulnerable to attack from viruses, malware, other destructive electronic programs, invasions of privacy, or other intrusions or breaches. We undertake reasonable and appropriate security measures and programs to protect the security of these communications and data against such threats, and to select qualified suppliers of such services. (Note that our security software may occasionally reject a communication that you send to us, or we in turn may transmit something to you that is rejected by your system, potentially resulting in delays.). We cannot, however, guarantee that our communications and documents will always be virus-free or immune from such risks, and for that reason, we ask for your consent to our use of e-mail, cloud-based and other service providers, media, and platforms for the storage of documents and data, and to communicate with you and others, as described in this paragraph. Your participation in the Simplilearn ACE Scholarship confirms that consent. If you would prefer, despite the potential cost and inconvenience, that we avoid using e-mail, cloud platforms or other similar suppliers, or that we follow special instructions or utilize client-specified encryption procedures, you agree to promptly notify us in writing on such limitations or requirements.
  21. We do not and cannot guarantee the outcome of the Simplilearn ACE Scholarship. Either at the commencement or during the Simplilearn ACE Scholarship we may express our opinions, views, or beliefs concerning claims or courses of action and the results that might be anticipated. Any such statement made by our representative is intended to be an expression of opinions, views and beliefs only, based on information available to us at the time, and should not be construed by you as a guarantee of any type.
  22. The Simplilearn ACE Scholarship T&Cs are governed by the laws of the Republic of India. The Simplilearn ACE Scholarship and all accompanying materials are copyright of Simplilearn. All rights reserved. No requests for transfer or assignment or redemption of the benefits under this Simplilearn ACE Scholarship shall be entertained. You agree that all decisions related to the Simplilearn ACE Scholarship by Simplilearn are final and binding on you. Failure by Simplilearn to enforce any of these Simplilearn ACE Scholarship T&Cs in any instance shall not be deemed to be a waiver of the Simplilearn ACE Scholarship T&Cs and shall not give rise to any claim by any person. These Simplilearn ACE Scholarship T&Cs are subject to Indian laws and the courts at Bangalore shall have the exclusive jurisdiction in respect of any disputes or any matter arising here from.
  23. You agree that, by participating in this Simplilearn ACE Scholarship, you will be bound by these Simplilearn ACE Scholarship T&Cs. These Simplilearn ACE Scholarship T&Cs are in addition to the Simplilearn.com Terms of Use and/or the Privacy Policy, as may be applicable, to which you agree by using the Simplilearn.com website or its corresponding mobile application / mobile site (collectively hereinafter referred to as “Simplilearn.com”). To the extent the Simplilearn.com Terms of Use are inconsistent with these Simplilearn ACE Scholarship T&Cs, these Simplilearn ACE Scholarship T&Cs will prevail with respect to this Simplilearn ACE Scholarship only.

Skillup Daily Quiz Terms And Conditions

The SkillUp Daily Quiz (“Contest”) is brought to you by Simplilearn Solutions Private Limited (“Simplilearn”/ “we”/ “our”/ “us”). Please read these specific and general terms and conditions (collectively hereinafter referred to as “T&Cs”) before entering this Contest. For the purposes of these T&Cs, wherever the context so requires “you” or “your” shall mean any natural person who is a participant in this Contest.

You agree that, by participating in this Contest, you will be bound by these T&Cs. By participating in this Contest you are deemed to have accepted this Contest T&Cs.

These Contest T&Cs are in addition to the Simplilearn.com Terms of Use and/or the Privacy Policy, as may be applicable, to which you agree by using the Simplilearn.com website or its corresponding mobile application / mobile site (collectively hereinafter referred to as “Simplilearn.com”). To the extent the Simplilearn.com Terms of Use are inconsistent with these Content T&Cs, these Contest T&Cs will prevail with respect to this Contest only.

SPECIFIC TERMS AND CONDITIONS:

Details of the Contest and How to Enter:

  1. The SkillUp Daily Quiz is a game of skill and luck. Any SkillUp user can participate in this quiz and get a chance to win rewards if the user has cleared the quiz’s passing criteria.
  2. The skillup daily quiz passing criteria is answering all quiz questions correctly.
  3. The daily quiz will start every day at 12 a.m. UTC and end at 12 a.m. UTC on the next day. After 11 a.m., winners’ list will be declared via email communication to the users.
  4. Winners need to claim the prize by submitting the essential details, such as a valid name, email, photo.
  5. Once winners have claimed the prize by submitting the essential details, the rewards will be communicated to their email addresses within 2 working days.
  6. The rewards are currently only available for Indian users and will be expanded to other geographies soon!

GENERAL TERMS AND CONDITIONS:

1. ELIGIBILITY: In addition to the specific eligibility criteria, you also need to fulfil the following general eligibility criteria to enter into this Contest:

(a) You should be of an age 18 years or above at the time of entry into this Contest.

2. MAILING LIST: By entering into this Contest, you consent to being placed on a mailing list for promotional and other marketing materials for Simplilearn. You may update or change your email preferences at the email preferences page.

3. OTHER CONTESTS: Please note that Simplilearn or its affiliates may be running similar contests or promotions at the same time as this Contest. By entering this Contest, you will not be eligible to receive any benefit and/ or prize awarded in any other promotion or contest unless you enter each promotion or contest separately.

4. PRIZES: Subject to these T&Cs, during the Contest Period only 1 (one) Prize will be awarded to the winner under this Contest. The Prize under this Contest is not for resale.

Each Prize will be awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). There are no cash or other prize alternatives available in whole or in part. However, in circumstances beyond control, Simplilearn may substitute a similar alternative prize of equal or greater value in its sole discretion. The Prize is non-transferable, non- exchangeable for cash. The Prize cannot be clubbed with any other Contest/ Offer / Facility / Right.

5. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received. Eligible entries are ones that satisfy the eligibility criteria outlined above and follow the steps outlined in the ‘Details of the Contest and the How to Enter’ section above.

6. ADDITIONAL TERMS: Simplilearn may, to the maximum extent permitted by applicable law and in its sole discretion, change the Contest T&Cs or cancel the Contest at any time; or modify, terminate, or suspend the Contest should viruses, worms, bugs, unauthorized human intervention or other causes beyond our control corrupt or impair the administration, security, fairness or proper play of the Contest or submission of entries. In such an event, Simplilearn may at its sole discretion make available the modified T&Cs or appropriate communication, in the manner as may be determined by Simplilearn from case- to-case basis.

Simplilearn or its affiliates will not be responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Contest; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; or (d) injury or damage to your or any other computer or mobile resulting from downloading any materials in connection with the Contest.

Simplilearn may, in its sole discretion, disqualify any participant found to be: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Contest T&Cs; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

The authorized subscriber of the e-mail account used to enter the Contest at the actual time of entry will be deemed to be the participant and must comply with these T&Cs in the event of a dispute as to entries submitted by multiple users having the same e-mail account. The authorized account subscriber is the natural person who is assigned an e-mail address by an internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses. No benefits greater than those described in the ‘Details of the Contest and How to Enter’ section above in these T&Cs will be awarded.

7. PUBLICITY RELEASE: By participating in this Contest, you give Simplilearn and its affiliates permission to use your name and image, as such may be embodied in any pictures, photos, write-ups, video recordings, audiotapes, digital images, and the like, taken or made in relation to the Contest and any promotions, events, or contests to follow.

You agree that Simplilearn and its affiliates has the right to publish your saved item details for any communication, promotions, events, or contests that follow. You agree that Simplilearn has complete ownership of such write-ups, pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the internet. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Simplilearn and its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use. You give your consent to Simplilearn, its agents and assigns to use your name and likeness to promote the Contest and any promotions, events, or contests to follow. You understand that, by participating in the Contest, you are sharing your data with Simplilearn and its affiliates.

8. FORCE MAJEURE: This Contest is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of Simplilearn or its affiliates (“Force Majeure Event”). Simplilearn or its affiliates shall be not liable for any delay or adverse effect caused to the participants in the Contest including the winners as a result of a Force Majeure Event.

9. LIABILITY RELEASE: This Contest is being made purely on a “best effort” basis and participating in this Contest is voluntary. By participating in the Contest, you will be legally bound hereby, to release from liability, and hold harmless Simplilearn and its affiliates, any of its employees or agents representing or related to Simplilearn and its services/products for any matters in relation to the this Contest, including the Prize. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of the benefits/ Prizes offered under this Contest, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Contest, even if caused or contributed to by our negligence.

10. QUERIES: Please direct any questions, comments or complaints related to this Contest to skillup@simplilearn.com.

11. PRIVACY NOTICE: All information submitted in connection with this Contest will be treated in accordance with these Contest T&Cs and the Privacy Policy available at Simplilearn.com.

12. E-MAIL COMMUNICATIONS, CLOUD SERVICES, AND CYBER SECURITY: During the Contest Period, we may exchange electronic versions of documents, data, e-mails, and other messages with you using commercially available software. Further, for your benefit, we may use cloud-based and other service providers, and various devices and media, to store your documents and data, communicate with you, and perform other data handling and management activities in connection with our work for you. Such communications and media can be vulnerable to attack from viruses, malware, other destructive electronic programs, invasions of privacy, or other intrusions or breaches. We undertake reasonable and appropriate security measures and programs to protect the security of these communications and data against such threats, and to select qualified suppliers of such services. (Note that our security software may occasionally reject a communication that you send to us, or we in turn may transmit something to you that is rejected by your system, potentially resulting in delays.). We cannot, however, guarantee that our communications and documents will always be virus-free or immune from such risks, and for that reason, we ask for your consent to our use of e-mail, cloud-based and other service providers, media, and platforms for the storage of documents and data, and to communicate with you and others, as described in this paragraph. Your participation in the Contest confirms that consent. If you would prefer, despite the potential cost and inconvenience, that we avoid using e-mail, cloud platforms or other similar suppliers, or that we follow special instructions or utilize client-specified encryption procedures, you agree to promptly notify us in writing on such limitations or requirements.

13. NO GUARANTEE OF OUTCOME: We do not and cannot guarantee the outcome of the Contest. Either at the commencement or during the Content Period of our representation, we may express our opinions, views, or beliefs concerning claims or courses of action and the results that might be anticipated. Any such statement made by our representative is intended to be an expression of opinions, views and beliefs only, based on information available to us at the time, and should not be construed by you as a guarantee of any type.

14. MISCELLANEOUS: The Contest is governed by the laws of the Republic of India. The Contest and all accompanying materials are copyright of Simplilearn. All rights reserved. No requests for transfer or assignment or redemption of the benefits under this Contest shall be entertained. You agree that all decisions related to the Contest by Simplilearn are final and binding on you. Failure by Simplilearn to enforce any of these Contest T&Cs in any instance shall not be deemed to be a waiver of the Contest T&Cs and shall not give rise to any claim by any person. These Contest T&Cs are subject to Indian laws and the courts at Bangalore shall have the exclusive jurisdiction in respect of any disputes or any matter arising here from.

Business Terms

If you are an commercial business customer, these terms and conditions (“Business Terms”) govern your contract with us to use our Courseware and consume our subscription model and control the manner you use our Courseware. These Business Terms shall be read together with the Simplilearn Order Form, Simplilearn Terms and Conditions, and Privacy Policy (Collectively known as “Governing Terms”).

These Business Terms may be updated from time to time.

In these Business Terms, “Simplilearn” is referred to as “Simplilearn”, “Company”, “us,”, “our” or “we.”

“Customer”, “You” or “Your” refers to a customer named and signed the Order Form (Order Form as defined below).

The Company and the Customer maybe combinedly referred to as the “Parties” or individually as the “Party”.

If you are contracting for business from USA, then Simplilearn Americas Inc (“Simplilearn Americas”), will be the contracting Party. If you are contracting for business outside USA, then Simplilearn Solutions Private Limited (“Simplilearn India”), will be the contracting Party. Simplilearn Americas and Simplilearn India, collectively referenced as “Simplilearn”.

By using our Courseware and consuming our subscription you agree to be governed by these Business Terms. By accepting these Business Terms, you acknowledge that you have read, understood and agreed to the Business Terms set forth herein.

The capitalized terms used in these Business Terms but not defined herein shall have the same meaning as defined in our Terms and Conditions  or other Governing Terms as applicable.

In case of any inconsistencies in these Business Terms and other general Governing Terms, these specific Business Terms shall prevail.

1. DEFINITIONS.

For purposes of these Business Terms, the following definitions apply:

  1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
  2. “Courseware” means the E-Learning Course(s), Live Virtual Classroom(s), Custom Course(s), other training services offered, Documentation, or Work Product (regardless of delivery method).
  3. “Custom Course(s)” means lectures, videos, content, courseware, practice tests, articles and other information, documents, and/or data created in whole or in part at your request pursuant to terms described in these Business Terms and any individual Statement of Work attached hereto and incorporated herein by reference.
  4. “Delivery” of the Courseware shall occur upon e-mail notification to you that the applicable Courseware are accessible to you online.
  5. “Documentation” means explanatory materials created by us in printed, electronic or online form relating to the Subscription License and made available by us either electronically or in written form, to its customers generally.
  6. “E-Learning Course(s)” means self-paced lectures, videos, content, courseware, practice tests, articles and other information, documents, and/or data, which Users access through either the LMS or an internal delivery method provided by you.
  7. “Live Virtual Classroom(s)” means real time lectures and instructional content delivered by an instructor and associated videos, content, courseware, practice tests, articles and other information, documents, and/or data, which Users access through either the LMS or an internal delivery method provided by you. Such Live Virtual Classroom(s) may be “Private” where available only to users affiliated with a specific customer, or “Public” where otherwise available to any users regardless of affiliation with a specific customer.
  8. “Malware” means applications, executable code, or malicious content that we deem to be harmful, including, but not limited to: code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
  9. “Order Form” means the mutually signed ordering document specifying the Courseware to be provided, delivery method, as well as the associated fees. An Order Form will be binding on both the Company and you if: (a) you sign and return the filled Order Form to us; (b) We begin Delivery of Courseware under the terms and conditions mentioned in the Order Form; (c) you acknowledge the Order Form by email, facsimile or any other commercially reasonable means; or (d) your failure to communicate acceptance of the Order Form within seven (7) days from date of receipt of the Order Form shall be considered deemed acceptance of the respective Order Form. If we commence Delivery of Courseware to you in the absence of a duly signed and acknowledged Order Form and you accepts such Delivery of Courseware, then the Order Form will nevertheless be deemed effective from the date of Delivery of Courseware and shall apply to both you and the Company. These Business Terms governs each Order Form issued under it, except that any conflict between the terms of these Business Terms and any Order Form issued hereunder, issue will be resolved in favor of the Order Form. Both you and the Company must sign an Order Form for it to be effective and binding on both you and the Company.
  10. “Personal Data” means data about or relating to a natural person who is directly or indirectly identifiable, having regard to any characteristic, trait, attribute or any other feature of the identity of such natural person, whether online or offline, or any combination of such features with any other information, and shall include any inference drawn from such data for the purpose of profiling.
  11. “Pilot” means a paid trial of Subscription License as mentioned on the Order Form by a subset of your potential user base for the purpose of determining whether the Subscription License will be utilized by you on a larger scale.
  12. “Sensitive Personal Data or Information” means such personal data, which may, reveal, be related to, or constitute: financial data; health data, official identifier, sex life, sexual orientation, biometric data, transgender status, intersex status, caste or tribe, religious or political belief or affiliation; or any other data categorized as sensitive personal data by the Central Government as provided for under section 15 of the Personal Data Protection Bill, 2019;
  13. “Site” or “LMS” means the Learning Management System (LMS) website(s) and mobile applications which we use to provide the Subscription License, including its online database of content, courseware, practice tests, articles and other information, documents, data which may be in written, graphic, photographic, audio, visual, audio-visual or any machine-readable format.
  14. “Subscription License” means the Courseware offered by us and agreed to on a valid Order Form. Access to the Courseware under the Subscription License may be delivered via Simplilearn’s LMS (“Content as a Service” or “CaaS”).
  15. “Term” means the time period during which you have the right to receive the Subscription License specified in an Order Form.
  16. “User(s)” means the individual(s) authorized to use the Subscription License by you. There shall only be one authorized individual able to use a User account at a given time.
  17. “Work Product” means any written materials, reports, deliverables, work performed, and related Documentation performed, created, developed or delivered by us as a result of any Subscription License provided hereunder, including the creation of any Custom Course, whether or not jointly conceived, including all ownership rights to any innovations, inventions or developments.

2. RIGHT OF USE AND RESTRICTIONS.

  1. Right to Access and Use. Subject to the terms of these Business Terms and payment by you, we grant you a royalty-free, non-exclusive, non-transferable, limited term right to use the Courseware on a Subscription License based model as described in the Order Form, for up to the number of “licenses” identified on the Order Form which must be assigned to particular Users, solely for your internal business use during the Term. Where the Courseware is provided through a CaaS model, you shall have a non-exclusive license to use the Courseware ordered by accessing the LMS, provided that the number of Users connected to the server does not exceed the permitted number of Users identified on the Order Form, and subject to the use restrictions set forth in these Business Terms. You shall take commercially reasonable steps to prevent the Users from granting access to the Courseware to any individuals that are not authorized Users.
  2. Orders by Customer Affiliate. Any Customer Affiliates may order Subscription License from us as described in this section by using an Order Form. Order Forms may be entered into by you, or any Customer Affiliate. Order Forms issued by a Customer Affiliate will be governed by the terms of these Business Terms in the same manner as if the Customer Affiliate had been governed with an identical terms and condition of ours, and we shall perform the obligations in the Order Form as if these Business Terms had been executed by us and that Customer Affiliate, in which case any reference to
    you shall be read as a reference to that Customer Affiliate. The foregoing shall not be construed to allow or authorize any Customer Affiliate to amend or modify these Business Terms. Notwithstanding, all such rights, interests and enforcement shall be in connection with specific Order Forms that the Customer Affiliates have directly entered into with us. Each Customer Affiliate shall be jointly and severally liable with you for its obligations under each Order Form it enters into and shall be bound by and solely responsible for performance of all of the obligations, including, without limitation, payment obligations, under an Order Form and these Business Terms.
  3. Restrictions. You shall not misuse the Courseware. For example, you may not interfere with the Courseware or try to access them using a method other than the interface and the instructions that we provide. You may not access the Courseware if you are a competitor of the Company, or for monitoring the availability, security, performance, functionality, or for any other benchmarking or competitive purposes without our express written permission. You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Courseware available to any third Party; (ii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Courseware, or any of its components; (iii) use the Courseware to conduct fraudulent activities; (iv) attempt to gain unauthorized access to the Courseware, engage in any denial of service attacks, or otherwise cause immediate, material or ongoing harm to the Company, its provision of the Courseware, or others; (v) impersonate or misrepresent an affiliation with a person or entity; (vi) use the Site to store or transmit Malware; (vii) use the Courseware for any purpose that violates applicable law or regulation, infringes on the rights of any person or entity, or violates these Business Terms ; (viii) market, sell, license, sublicense, distribute, publish, display, reproduce, rent, lease, loan, assign, or otherwise transfer to a third Party the Courseware or any copy thereof, in whole or in part; (ix) use the Courseware for third-Party training, commercial time-sharing, or service bureau use; (x) capture, download, save, upload, print or otherwise retain information and content available through the Courseware other than what is expressly allowed by these Business Terms; or (xi) remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Courseware; (each of (i) to (xi), a “Prohibited Use”). All rights not expressly granted to you are reserved by the Company and its licensors.
  4. Right to Use Customer’s Data. You hereby grant us a limited, non-exclusive, royalty-free, license for the Term to access, use, reproduce, transmit, store, and archive your data solely as necessary for us to (i) provide and improve the Courseware to you during the Term; and (ii) for the purposes set forth in Section 10 (SECURITY & PRIVACY) below.
  5. Additional Courseware and Users. You may purchase additional Courseware or add Users at any time during the Term for any of the Courseware made generally available by us at then-current fees and rates by signing an addendum or an additional Order Form referencing these Business Terms. If you purchase rights to have additional Courseware and/or Users pursuant to this subsection, rights and restrictions on each such additional User to use the Courseware shall thereupon be deemed included in these Business Terms.

3. YOUR OBLIGATIONS

  1. You shall be held responsible for all activity occurring under your accounts including those of your Users. You will provide us with all information and assistance required to supply the Courseware or enable your use of the same. You shall immediately notify us upon becoming aware of any: (i) unauthorized account use or other suspected security breach; (ii) unauthorized use, copying or distribution of the Courseware; (iii) unusual
    performance of the Courseware or Site observed by you; and (iv) learning that multiple individuals are sharing a single user account.
  2. You agree to provide current and complete account information as necessary for us to manage yours and any User accounts. You agree to accept our emails relevant to your receipt of the Courseware at the e-mail addresses specified by its system administrator and User(s).
  3. You agree that we may rely on all information provided to us by you from the designated e-mail addresses. We may provide all notices, statements, and other communications arising under these Business Terms to you through either e-mail, posting on the Site (where the Subscription License is provided through the LMS) or other electronic transmission.

4. OUR OBLIGATIONS.

We are responsible for providing the Courseware in substantial conformance with these Business Terms and the Order Form issued as per these Business Terms.

5. TERM AND TERMINATION.

  1. Term of these Business Terms. These Business Terms shall be applicable to you till your use of the Courseware and consumption of subscription as per the Order Form. These Business Terms shall be applicable to you in its updated form and as shown on www.simplilearn.com.
  2. Term of Purchased Courseware. The term of each Subscription License shall be as specified in the applicable Order Form.
  3. Termination for Cause. You or the Company may terminate any Subscription License hereunder for cause (i) upon thirty (30) days’ prior written notice to the other Party of a material breach, provided that the breaching Party shall have further thirty (30) days from the date of receipt of such prior written notice, to cure such breach to prevent termination, (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, (iii) you make an assignment for the benefit of creditors, or (iii) you make an unauthorized assignment of
    the Subscription License.
  4. Refund or Payment upon Termination.
    a. For Cause. If any Subscription License is terminated by you in accordance with Section 5.C (Termination for Cause), then we will refund you any prepaid fees covering the remainder of the term of such Subscription License that were to occur after the effective date of termination. If any Subscription Licenses are terminated by us in accordance with Section 5.C (Termination for Cause), you shall be liable for paying for such Subscription License and any fees covering the remainder of the term of such Subscription License. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination.
  5. Effect of Termination / Data Deletion. On the termination: (A) all rights granted to you under these Business Terms, including your ability to access any data stored in the Site, will immediately terminate; and (B) you must promptly discontinue all use of the Courseware and delete or destroy any of our Confidential Information, including any Courseware in your control. Termination of applicability of these Business Terms will not entitle you to any refunds, credits, or exchanges unless specifically stated.

6. FEES AND PAYMENT FOR PURCHASED SERVICES

  1. Fees. You will pay to us all fees specified in the Order Forms. Except as otherwise specified herein or in an Order Form issued hereunder, (i) fees are based on Subscription License purchased regardless of actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable unless otherwise stated, and (iii) quantities purchased cannot be decreased during the relevant Term of the Order Form.
  2. Invoicing and Payment.. We will invoice you in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, payment is due upon invoice date and prior to “Courseware” being made available (“Payment Due Date”). You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
  3. Taxes: Our fees are exclusive of any indirect taxes (VAT, sales tax, GST, cess etc.) associated with Customer’s purchase and Customer shall be responsible for paying all taxes. Fees do not include any taxes, levies, duties, cess or similar governmental assessments of any nature, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Applicable taxes will be charged separately on the invoice raised by us. You are responsible for paying all Taxes associated with your purchases hereunder.If Simplilearn India’s Customer is based in IndiaYou may deduct or withhold any taxes that you are obligated to withhold from any fee payable to us under these Business Terms, and payment to us as reduced by such deductions or withholdings will constitute full payment and settlement to us of such fee.

    We will provide you with any forms, documents, or certifications, including Permanent Account Number as may be required to satisfy your withholding tax obligations with respect to any consideration payable under these Business Terms.

    You agree to provide certificate in Form 16A, or any other form as prescribed for any tax withheld by you on payment to us within the due date prescribed under the applicable provisions of the Income-Tax Act, 1961.

    If we have the legal obligation to pay or collect Taxes for and/or on behalf of you, which you are responsible to pay under sub-clause 7E of the Income-Tax Act, 1961 then, we will invoice you and you shall pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

    If Simplilearn India’s/Simplilearn America’s Customer is based outside of India/ US respectively

    The Customer shall make all payments to us free and clear of, and without withholding or deducting for any and all applicable, present or future taxes.

    We will use our best efforts to provide the customer with any necessary tax documentation to process the payment.

  4. Overdue Charges. If any invoiced amount is not received by us by the above-mentioned Payment Due Date, then without limiting any rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) we may condition future subscription renewals and Order Forms on payment terms shorter than those specified in Section 6B (Invoicing and Payment).
  5. Suspension of Courseware and Acceleration. If any amount owed by you under these Business Terms or any other agreement for Courseware is ten (10) or more days overdue, we may, without limiting any other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the Subscription License to you until such overdue amounts are paid in full.
  6. Payment Disputes. We will not exercise our rights under Section 6D (Overdue Charges) or 6E (Suspension of Courseware and Acceleration) above if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
  7. You agree to provide requisite documents as required by us to assist the Company to apply appropriate tax on invoices raised by the Company.
  8. Audit Rights. During the applicability of these Business Terms to you and for two (2) years thereafter, you shall permit us, or our duly authorized representatives, on reasonable prior notice, to inspect and/or audit your systems, as well as access any of your account(s) (including User accounts) for the Courseware with respect to any and all matters that relate to: (A) the number of Users with access to the Courseware, or (B) your compliance with your obligations under these Business Terms . In the event that the audit identifies that you are using a greater number of User accounts than the amount and type you had ordered and paid for, or is having multiple individuals share User accounts, (each such unauthorized individual shall be referred to as a “Prohibited User”) then you shall be liable for and pay as liquidated damages an amount equal to (as calculated based on the Company’s then current list prices): (i) the fees for the number of Prohibited Users for the greater of: (a) the number of months from the date of the most recent order/renewal of the applicable Subscription License, or (b) twelve months; PLUS (ii) the fees for the number of Prohibited Users for the remaining number of months of the Term thereby entitling such Prohibited Users to have valid User accounts for the remainder of the Term; PLUS (iii) the total costs of the audit. If
    the audit discovers any other non-compliance by you, we may recoup the total costs of the audit, as well as you shall be liable to pay any damages, losses, or revenue suffered by us. Where the audit confirms that you are in compliance with your obligations under these Business Terms, we will bear the total costs we incurred associated with the audit.

7. SUSPENSION.

We may suspend the Subscription License: (a) if we deem it necessary to prevent or terminate any Prohibited Use; or (b) upon notice to you if: (i) you commit a material breach of these Business Terms; or (ii) if we receives credible notice from a third Party or agency that you are in material breach of the these Business Terms. Suspension of Subscription License shall be without prejudice to any rights or liabilities accruing prior to or during the suspension, including your obligation to pay fees under these Business Terms. We may temporarily suspend the CaaS for maintenance purposes of the Site. We will use commercially reasonable efforts to minimize any such disruption of CaaS.

8. MODIFICATION OF COURSEWARE; SERVICE INTERRUPTION.

If any Courseware published or provided, relates to technology that has since become obsolete (as determined by us in our sole discretion) or is discovered to have incomplete or inaccurate information, we may at any time, without liability, eliminate such Courseware from the Site and Subscription License. If during the term of these Business Terms we publishes new training content that augments or supersedes existing content, we may eliminate the
previously existing training or superseded Courseware, in our sole discretion and without liability.

9. CONFIDENTIALITY.

“Confidential Information” means the proprietary and valuable information of the Customer or the Company which the Parties desire to protect against disclosure or competitive use and which is either in written form and designated as “proprietary” or “confidential” or is disclosed orally and under the circumstances a reasonable person would consider the information confidential. Our Confidential Information includes, without limitation and regardless of whether designated “proprietary” or “confidential”, source code, trade secrets and know-how embodied in the Courseware and Site, any results of benchmark tests run on the Courseware or Site, any access codes, Intellectual Property, pricing information and proposals. The Party receiving Confidential Information (“Receiving Party”) will exercise the same degree of care and protection for the Confidential Information of the Party that has disclosed Confidential Information (“Disclosing Party”) that it exercises with its own Confidential Information but no less than a reasonable degree of care. The Receiving Party may not directly or indirectly disclose, copy, distribute, republish, sell, license or otherwise allow any third-Party access to such Confidential Information. The Parties agree to maintain the confidentiality as described herein even after the applicability of these Business Terms ceases. Notwithstanding the above, either party may disclose Confidential Information: (1) to its employees, contractors or agents who have a need to know in order to provide and improve the Courseware and are subject to substantially similar obligations of confidentiality; and (2) if required by law (including a court order or subpoena), provided, the Receiving Party, where lawfully permitted, promptly notifies the Disclosing Party in time to review and challenge the potential disclosure. In the event of these Business Terms cease to apply, each Party will either return or, at the Disclosing Party’s request, destroy the Confidential Information of the other Party; provided however, that we may retain copies of your Confidential Information for routine backup and archival purposes.

10. SECURITY & PRIVACY.

We reserve the right to use and store Customer’s traffic and user log data to maintain or improve the CaaS. Some such information may be shared with third Parties (for example, statistics that indicate amount of traffic, success rates, and size of our subscribers). You agree that such data is not Confidential Information. We may use cookies to store user session information, access codes and application settings to ease site navigation processes for the purposes of providing the CaaS hereunder. The collection of this data may be necessary to provide you with the relevant CaaS as ordered or improve overall security for Customer and Users of the CaaS.

You hereby grant us a limited, non-exclusive, royalty-free, license to access the customer data to provide services. We reserve the right to use and store your traffic and user log data to maintain or improve the CaaS. Some such information may be shared with third Parties (for example, statistics that indicate amount of traffic, success rates, and size of Simplilearn’s subscribers), provided your name, Users’ names, and any other identifying information are kept confidential. We may use cookies to store user session information, access codes and application settings to ease site navigation processes for the purposes of providing the CaaS hereunder. The collection of this data may be necessary to provide you with the relevant CaaS as ordered or improve overall security for Customer and Users of the CaaS. No data transmission over the Internet can be guaranteed to be secure. We are not responsible for any interception or interruption of any communications through the internet or networks or systems outside our control. You are responsible for maintaining the security of your networks, servers, applications, and access codes.

By agreeing to these Business Terms, or using the Subscription License, it is assumed that you have read and expressly agreed to the our Privacy Policy , as may be updated from time to time, and to the collection, processing, copying, backup, storage, transfer and use of your data (as described in the preceding paragraph) by us and its service providers as part of the Subscription License. You are solely responsible for securing any privacy-related rights and permissions from your Users as may be required by local law.

11. COMPLIANCE WITH DATA PROTECTION REGULATIONS.

Each of the Parties hereby represents and warrants that it will comply fully with all the applicable data protection and privacy laws or any subsequent amendments or new legislations, including all the relevant rules, regulations, directives, guidelines issued thereof by the concerned statutory authorities, or any applicable analogous legislation in any jurisdiction, in each case, as amended, revised or replaced from time to time (“Data Protection Legislation”) in respect to other Party’s data or the Personal Data (including Sensitive Personal Date or Information) of its employees in the collection, use, storage and transfer of Personal Data in connection with the exercise of rights or performance of obligations as per these Business Terms by either Parties. For avoidance of doubt, each of the Parties shall be responsible and liable to comply fully with all relevant and applicable data protection and privacy laws in any particular jurisdiction under which such Party offers or desires to offer the services and process any Personal Data provided by the other Party. In case of non-applicability of these Business Terms for any reason whatsoever, each Party shall if required by the other Party, promptly deliver to the other Party or destroy/ delete all copies and embodiments (in whatever form) of all Personal Data in its possession or in its control, and if required by any Party, shall provide such Party with written confirmation on the same. In the event of any loss, unauthorized use, disclosure, misuse or mishandling of any Personal Data or information by any Party (“Defaulting Party”) which was provided to or obtained by such Defaulting Party during the course of providing the services as per these Business Terms , then such Defaulting Party shall indemnify and hold the other Party harmless against all losses, actions, claims and damages arising out of such breach of this Section by the Defaulting Party. The Defaulting Party shall be fully responsible for all acts or omissions of its Personnel in the same manner as for its own acts or omissions. This Section shall apply even after the applicability of these Business Terms ceases.

12. INTELLECTUAL PROPERTY.

You acknowledges that you are acquiring only a license to use the Courseware and/or Site and that all title and interest, including without limitation, all patents and copyrights, in the Courseware and Site (including websites, passwords, components, and tools) or arising from or out of are the sole and exclusive property of the Company or its licensors, who retain sole ownership of all right, title and interest, as well as any derivative works thereof. These ownership rights include copyrights, patent rights, trademark and service mark rights, trade secret rights, moral rights, and all other intellectual property and proprietary rights (“Intellectual Property”). You agree, on behalf of you and your Users, that you will take no action inconsistent with our Intellectual Property rights. The license granted by these Business Terms for the Subscription License is a limited right of access and does not grant to you any right to download or store any of our Intellectual Property, including content on the Site, in any medium. Any materials permitted to be downloaded under your plan with regard to any particular training are to be held by the you or your Users pursuant to a limited license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner other than permitted by us under these Business Terms. Nothing in these Business Terms shall transfer ownership of methodology, content or other intellectual property or limit in any way our ownership or right to use the methodologies, materials, design concepts, employed or produced under these Business Terms, including but not limited to, any software, related features or other deliverables resulting from any services or Courseware provided by us pursuant to these Business Terms. We are not performing any “work for hire” as per these Business Terms, or any Statement of Work, and we shall continue to own all rights, title and interest worldwide in any Work Product, which shall be and hereby our sole property, whether or not patentable, to the fullest extent possible by law. To the extent you provide comments, suggestions or other feedback directly on and directly related to the Courseware (“Feedback”), You hereby grants to us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to sublicense, such Feedback to incorporate or otherwise utilize Feedback as provided in our Courseware or future products.

13. LIMITED WARRANTY, REMEDIES AND DISCLAIMER.

  1. Representations. Each Party represents that it has validly entered into the Order Form and have read, understood and agreed to these Business Terms and has the legal power to do so.
  2. LIMITED WARRANTY. We warrant that (a) these Business Terms , the Order Forms and the Documentation accurately describe the applicable administrative, physical, and technical specifications of its Courseware; and (b) the Courseware will substantially conform with these Business Terms . We shall only provide the foregoing warranty for a period of ninety (90) days from the date of Delivery of the applicable Courseware (“Warranty Period”). There shall be no other warranty.
  3. LIMITATION OF REMEDY. The sole and exclusive remedy for any claim for breach of warranty as per these Business Terms and our sole and exclusive obligation for breach of warranty shall be, at our sole discretion, to: (i) correct any substantial failure of the Courseware to perform as warranted, or (ii) to replace the Courseware with an update; provided such failure is reported to us in writing within the Warranty Period. In the event the Site is not available online at an unscheduled time, then our sole and exclusive obligation shall be to use commercially reasonable efforts to restore the availability of the Site.
  4. DISCLAIMER. WITH THE EXCEPTION OF THE LIMITED WARRANTY, ANY USE BY THE CUSTOMER AND YOUR USERS OF THE COURSEWARE IS AT THEIR OWN RISK. THE COURSEWARE ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, NON-INFRINGEMENT, TITLE, AND OWNERSHIP. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, MATERIAL OR CONTENT PROVIDED BY OR THROUGH THE COURSEWARE RESTS WITH THE USER. WE AND OUR LICENSORS DO NOT WARRANT THAT THE COURSEWARE OR SITE: (1) ARE ERROR-FREE; (2) WILL PERFORM UNINTERRUPTED; (3) WILL MEET YOUR REQUIREMENTS. PILOT COURSEWARE ARE ALSO PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY INCLUDING HOSTING PROVIDERS.
  5. Linked Sites. We have no control over the content of world wide web sites that may be linked in the Courseware or its materials through hypertext links (“Linked Sites”), and are not responsible for their content, software, or privacy practices. The Linked Sites are provided for convenience only and are accessed at your own risk.
  6. Internet Delays. The LMS may be subject to limitations, delay and other problems such as those inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures or damages resulting from such problems.
  7. Security. No data transmission over the Internet can be guaranteed to be secure. We are not responsible for any interception or interruption of any communications through the internet or networks or systems outside our control. You are responsible for maintaining the security of your networks, servers, applications, and access codes.

14. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING, LOST PROFITS, REVENUES, GOODWILL, DATA, BUSINESS INTERRUPTION, OPPORTUNITY COST, ARISING OUT OF OR RELATED TO THESE BUSINESS TERMS REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON A BREACH OF CONTRACT, TORT, STRICT LIABILITY, WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. LIMITATION OF LIABILITY.

IN NO CASE SHALL OUR AGGREGATE LIABILITY FOR ANY MATTERS ARISING OUT OF THE SUBJECT MATTER OF THESE BUSINESS TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS AND ANY OF OUR INDEMNIFICATION OBLIGATIONS, EXCEED THE AMOUNTS ACTUALLY RECEIVED BY US UNDER THE APPLICABLE ORDER FORM FOR THE PRIOR SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

16. INDEMNIFICATION.

You agree to indemnify, defend, and hold us harmless from all claims, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to any: (i) Customer’s or User’s engagement in a Prohibited Use; and (ii) failure by Customer to obtain all necessary consents from Users with respect to Users’ data which it provide to us.

17. WAIVER.

Any waiver of rights under these Business Terms must be in writing. Failure to exercise or enforce any right under these Business Terms will not be deemed a waiver of that Party’s right nor bar the exercise or enforcement of it at any time thereafter.

18. JURISDICTION/GOVERNING LAW.

For contracting entity from the U.S.A, these Business Terms 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, these Business Terms. For contracting entities which are not from the U.S.A., these Business Terms 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, these Business Terms.

19. BINDING EFFECT AND ASSIGNMENT.

These Business Terms shall be binding upon and inure to the benefit of the Parties and their respective successors-in-interest and permitted assigns. We retains the right to assign the Order Form (including its rights and obligations under these Business Terms) in our sole discretion. You may not assign your rights as per the Order Form and these Business Terms without our prior written permission.

20. EXPORT.

You shall not export the Courseware without our written consent and in such case shall comply with applicable export and import laws and regulations for the jurisdiction in which the Courseware will be imported, exported and/or provided. You shall not export the Courseware to any individual, entity or country prohibited by applicable law or regulation. You are responsible, at your own expense, for any local government permits, licenses or approvals required for importing and/or exporting the Courseware provided by us.

21. FORCE MAJEURE.

We are not liable as per these Business Terms for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused by forces of nature or any other cause beyond our reasonable control.

22. RELATIONSHIP.

The Parties governed by these Business Terms are independent contractors. Neither Party will be deemed to be or hold itself out as a partner, joint venture
or agent of the other Party. The services provided by us as per these Business Terms and the Order Form is a non-exclusive arrangement with you.

23. PRESS RELEASE.

We may issue a press release or make any public announcement relating to the subject matter of these Business Terms or about business relation of Parties
as per these Business Terms. We are also hereby permitted to use and display the name, logos and trademarks of the Customer in its client lists / corporate profiles and indicate the general nature of services provided by the us to the Customer.

24. TRAVEL AND LODGING EXPENSES.

If trainer is required to travel out of station for conducting training as per these Business Terms, then you shall be responsible to reimburse us travel, lodging and other reasonable expenses incurred on actuals. The foregoing expenses shall be in addition to training/course fee agreed under the Order From.

25. THIRD PARTIES.

No term of these Business Terms shall be enforceable by a person to whom these Business Terms doesn’t apply.

26. ENTIRE BUSINESS TERMS AND SEVERABILITY.

These Business Terms represents the entire agreement between the Parties and expressly supersedes and cancels any other communication, representation or advertising whether oral or written, on the subjects herein. These Business Terms supersedes and controls over any conflicting terms contained in any Customer purchase order. If any provision of these Business Terms is declared invalid or unenforceable by a court or administrative agency of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect and these Business Terms shall be construed and performed as if it did not contain the invalid or unenforceable provision.

27. ANTI-CORRUPTION.

Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection to the Order Form or as per these Business Terms.

28. NOTICES.

All legal notices under these Business Terms must be addressed at:

Attention: Legal Department
Email: legal@simplilearn.net
United States of America
Simplilearn Americas Inc.
201 Spear Street,
Suite 1100, San Francisco, CA 94105
United States

India
Simplilearn Solutions Private Limited
# 53/1 C, Manoj Arcade, 24th Main, Harlkunte
2nd Sector, HSR Layout
Bangalore – 560102, Karnataka, India.

Simplielarn Business Terms last updated on 10th Jun 2023