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These Terms of Service, together with any and all other documents referred to herein, set out the terms under which you may use Our Platform to create, edit, and host Online Schools. Please read these Terms of Service carefully and ensure that you understand them. You will be required to read and accept these Terms of Service in order to use Our Platform and create, edit, and host an Online School. If you do not agree to comply with and be bound by these Terms of Service, you will not be able to use Our Platform. These Terms of Service, as well as any and all Contracts are in the English language only.
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
|means an account required to access and/or use certain areas of Our Site including Our Platform;
|means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site (including, but not limited to, Our Platform);
|means a contract for the purchase of a Subscription to use Our Platform, as explained in Clause 6;
|“Data Protection Legislation”
|means 1) the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any national implementing laws, regulations, and secondary legislation (as amended from time to time);
|means collectively the online facilities, tools, services, and information that We provide through Our Site for the creation, editing, and hosting of Online Schools;
|means a subscription to Our Site providing access to Our Platform;
|means our acceptance and confirmation of your purchase of a Subscription;
|means the reference number for your Subscription;
|“Third Party Service Provider”
|means a third party providing a service that is offered to Users through Our Platform;
|means a user of Our Site;
|means any Content submitted by a User;
|means a specialized website created by a User using Our Platform, which shall contain User Content (Free and/or Paid Online Courses) and be hosted by Us; and
|means “SimpleLearn”, the brand owned and operated by SimpleLearn (CY) Ltd, a limited company registered in Cyprus under company number HE380294.
2.1 Our Site (https://www.simplelearn.in) and Our Platform (“SimpleLearn”) are owned and operated by SimpleLearn (CY) Ltd, a limited company registered in Cyprus under company number HE380294.
Registered address: Gladstonos 120, Foloune Building, 2nd Floor, B1, Limassol, 3032, Cyprus.
VAT number: CY10380294R.
Email address: [email protected]
Telephone number: +357 22000504.
Consumers may only use Our Platform and create Online Schools if they are at least 18 years of age.
4.1 Access to Our Platform and the creation, editing, and hosting of Online Schools requires a Subscription. Upon purchasing a Subscription, Our Platform will be available to you, and your Online School (s) available, for the duration of that Subscription and any and all subsequent renewals.
4.2 We may from time to time make changes to Our Platform:
4.3 We will always aim to ensure that Our Platform and your Online School(s) are available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to availability. If We need to suspend Our Platform and/or the availability of your Online School(s) for longer than 12 hours within a 24-hour period, We will add the corresponding time to the duration of your current Subscription period at no cost to you, rounded up to a full day in each case.
5.1 We make all reasonable efforts to ensure that all descriptions of the services available from Us (specifically, Our Platform, providing creation and editing tools, and hosting for Online Schools) correspond to the actual services that will be provided and/or made available to you. There may, however, be minor variations in the descriptions, from time to time, due to active Platform development, bug fixes and constant addition of new features.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations in Our services, not to different services altogether.
5.3 Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features on Our Platform. Please ensure that you select the appropriate Subscription when prompted.
5.4 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but may apply to any subsequent renewal or new Subscription. Unless there is a significant change in the functionality of Our Platform and the resources consumed by your Online School, every possible effort will be made for your initial Subscription and Price to be grandfathered in. We will inform you of any change in price at least 90 days before the change is due to take effect. If you do not agree to such a change, you may cancel the renewal of your Subscription.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every 30 days. Changes in price will not affect any Subscriptions that have already been purchased but may affect renewals of Subscriptions.
5.6 All Subscription prices are automatically checked by Us when your purchase is processed. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to ask you how you wish to proceed. If We do not receive a response from you within 5 business days, We will treat your purchase as cancelled and we will refund and notify you accordingly in writing.
5.7 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 15.4.3.
5.8 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.9 All our prices do not include VAT. If you are a Business based in the EU with a valid EU VAT number then you will not be charged VAT. If you are a consumer or non-EU VAT registered business based in the EU then the respective VAT rate will apply. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your order. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Our Site, Our Platform, or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).
6.3 Subscription Confirmations contain the following information:
6.4 We can also provide a paper copy of your Subscription Confirmation on request.
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
6.6 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.
6.8 Subject to the cancellation provisions in Clause 15, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription.
6.9 By purchasing a Subscription, you are expressly requesting that you wish access to Our Platform to be made available to you immediately (and will be required to acknowledge this). Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 15.
7.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).
7.2 We accept the following methods of payment:
7.3 If you do not make any payment due to Us on time, We may suspend your access to Our Platform and the availability of your Online School (s). If you do not make payment within 14 calendar days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let us know. You will not be charged while availability is suspended.
8.1 We grant you a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Platform to create, edit, and host Online Schools for personal (including research and private study) and business purposes, subject to these Terms of Service.
8.2 Subject to the licence granted to Us under sub-Clause 9.3, you retain the ownership of copyright and other intellectual property rights in your User Content (subject to any third-party rights in that User Content and the terms of any licence under which you use such Content).
8.3 All other Content included in Our Platform (including all user-facing material, and all underlying material such as code, software, and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
8.4 By accepting these Terms of Service, you hereby undertake:
9.1 You agree that you will be solely responsible for any and all User Content that you upload to Our Platform and for any and all Online Schools that you create using Our Platform. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and/or Online School and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 10.
9.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 9.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
9.3 You (or your licensors, as appropriate) retain ownership of your User Content and Online School(s) and all intellectual property rights subsisting therein (except to the extent that an Online School incorporates Content belonging to Us (including, but not limited to, that forming part of Our Platform)). By creating or uploading User Content and/or Online School, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the same for the purposes of operating Our Site and Platform and providing Our services to you.
9.4 If you wish to remove User Content or Online School, you may do so by deleting Content through your Online School’s authoring environment or by contacting our Customer Support (https://support.simplelearn.in). Removing User Content and Online Schools also revokes the licence granted to Us to use the same under sub-Clause 9.3. You acknowledge, however, that caching or references to your User Content and/or Online School(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
9.5 We may reject, reclassify, or remove any User Content and/or Online School created or uploaded using Our Platform where, in Our sole opinion, such User Content or Online School violate Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content or Online School(s) in question should be removed as a result.
10.1 You may only use Our Platform in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
10.2 The following types of User Content and/or Online Schools are not permitted on Our Platform and you must not create, submit, communicate, link to, or otherwise do anything that:
10.3 We reserve the right to suspend or terminate your Account, the availability of your Online School(s), and/or your access to Our Platform if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:
10.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of Service.
11.1 If you have any questions or complaints regarding Our Platform or any other aspect of Our service, please email Us at [email protected] or by using any of the methods provided on Our contact page at https://www.simplelearn.in/contact-us/.
11.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Platform:
11.3 Please note that We will not be liable under this Clause 11 if We informed you of the fault(s) or other problems with a particular part of Our Platform or service before you used it and it is that same issue that has now caused the problem (for example, if you are testing a pre-release alpha or beta version of a feature and We have warned you that it may contain faults that could harm your device or other digital content); if you are using Our Platform for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Platform for that purpose; or if the problem is the result of misuse or intentional or careless damage.
11.4 If there is a problem with Our Platform, please contact Us at [email protected] or visit the Help Center page on Our Site https://support.simplelearn.in to inform our Customer Support team of the problem.
11.5 Refunds (whether full or partial) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
11.6 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.
12.1 No part of Our Platform or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of our services.
12.2 Subject to your legal rights if you are a consumer (as summarised above in Clause 11), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Platform will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
12.3 We make reasonable efforts to ensure that the content contained within Our Platform is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Platform (and the content therein) is complete, accurate or up-to-date.
12.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content or Online Schools created, uploaded, or hosted using Our Platform. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
12.5 The following services on Our Platform are provided by Third Party Service Providers:
12.6 We are not responsible for any aspect of any services provided by Third Party Service Providers, nor do we endorse those services in any way.
12.7 Your use of services provided by Third Party Service Providers shall be subject to the terms and conditions specific to those services. We will not be party to any contracts or agreements between you and Third-Party Service Providers, nor will we be responsible for such transactions in any way.
13.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms of Service or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
13.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Platform or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Platform.
13.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
13.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Platform or any Content (including User Content) included in Our Platform.
13.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.6 We exercise all reasonable skill and care to ensure that Our Platform is free from viruses and other malware. Subject to sub-Clause 11.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Platform (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
13.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Platform or any User Content or Online Schools resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13.8 Nothing in these Terms of Service excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14.1 We exercise all reasonable skill and care to ensure that Our Platform is secure and free from viruses and other malware. We do not, however, guarantee that Our Platform or any User Content or Online Schools are secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.6.
14.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
14.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Platform.
14.4 You must not attempt to gain unauthorised access to any part of Our Platform, the server on which Our Platform is stored, or any other server, computer, or database connected to Our Platform.
14.5 You must not attach Our Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.
14.6 By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Platform will cease immediately in the event of such a breach and, where applicable, your Account, User Content, and Online School(s) will be suspended and/or deleted.
15.1 Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
15.2 However, We are very confident about the quality of Our Platform and the value of Our Services and therefore, in lieu of the 14-day cooling-off period, We offer an extended short-term cancellation right to both consumers and business customers if you have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when you did not want it to be renewed. Please contact Us within 30 days of the start date of the Subscription at [email protected].
15.3 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
15.4 Subject to sub-Clause 15.4, non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 15.4 and to sub-Clause 15.3), no refunds can be provided and you will continue to have access to Our Platform, and your Online School(s) will remain available, for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
15.5 To cancel a Subscription for any reason, please inform us using one of the following methods:
By email at [email protected]; or
By post Gladstonos 120, Foloune Building, 2nd Floor, B1, 3032, Limassol, Cyprus, sending a letter providing your name, address, email address, telephone number and details of your Subscription; or
Online using the cancellation option in the Account section of your Online School.
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
15.6 We may ask you why you have chosen to cancel your Subscription and may use any answers you provide to improve Our Platform in the future, however please note that you are under no obligation to provide any details if you do not wish to.
15.7 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
15.8 In certain limited circumstances (such as violation of these terms of service) We may cancel your Subscription and/or close your Account. In this case you have 30 days to download any Data and User Content from your Online School. Following this period your Online School and any User Content or Data in it shall be deleted. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
16.1 If you wish to contact Us i) with general questions or complaints, ii) for matters relating to Our Platform, your Subscription, or cancellation of your Account, you may contact Us by telephone at +1(855)8999555 (US, toll free), +44(11) 64649900 (UK), +35722000504 (Cyprus), by email at [email protected], or by post at Gladstonos 120, Foloune Building, 2nd Floor, B1, 3032, Limassol, Cyprus.
17.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
17.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
19.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
20.1 Both Users and Us shall comply with all requirements of the Data Protection Legislation. With respect to personal data hosted by Us on behalf of a User, for the purposes of the Data Protection Legislation, the User is the data controller and We are the data processor (as defined in the Data Protection Legislation).
20.2 You must ensure that, with respect to your Online School(s) and any and all User Content, you have all necessary and appropriate consents and notices in place in order to enable the lawful transfer of personal data to Us for hosting.
20.3 Any and all personal data processed by Us (as a data processor) on your behalf (as a data controller) in the course of providing our Platform and hosting your Online School(s) shall be processed in accordance with the terms of a separate Data Processing Agreement between Us and you, as per the requirements of the Data Protection Legislation.
21.1 We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service (and the Contract) will not be affected and Our obligations under these Terms of Service (and the Contract) will be transferred to the third party who will remain bound by them.
21.2 You may not transfer (assign) your obligations and rights under these Terms of Service (and under the Contract) without Our express written permission.
21.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.
21.4 If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
21.5 No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
21.6 We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Service as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 15.4 above).
22.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Cyprus.
22.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.
22.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Cyprus.
22.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Cyprus.