1. Acceptance of this Agreement
1.1 By clicking on the ‘SIGNUP’ option, the participant (“You” or “Your”) agrees to the terms, conditions, obligations, representations, warranties, and agreements set forth in this document (the “Agreement”). If You are not willing to accept this Agreement, You are not authorized to access or use any content, information, courseware, products, or services (“Services”) available on www.qualifylearn.com (the “Website”), which is owned and managed by Qualify Learn (“Us”, “We”, or “Our”).
2. User ID and Password
2.1 By entering this Agreement, You acknowledge that Your user ID and password (“Participant Account”) are for Your exclusive use. Sharing Your Participant Account with others is strictly prohibited and may lead to immediate suspension of Your access to the Website, Services, Content, and Courseware, and termination of this Agreement.
2.2 You agree to maintain the confidentiality of Your Participant Account and accept responsibility for all activities conducted under it. If You suspect unauthorized use of Your Participant Account, You agree to notify Us immediately at support@qualifylearn.com and take all necessary steps to prevent further unauthorized use. We are not liable for any misuse of Your account caused by third-party activities or Your failure to secure Your Participant Account.
3. Content and Courseware
3.1 As part of the Services offered on the Website, We provide You access to our course content, courseware, practice tests, and other materials, which may include audio/video, text, graphics, or other formats related to the course You have registered for (“Content and Courseware”).
3.2 We reserve the right to amend, update, or revise the Content and Courseware. In such cases, You may be required to pay an additional fee to access the updated or revised Content and Courseware.
4. Placement Terms & Conditions
At Qualify Learn, we take pride in offering training in technology, management, law, and various upskilling courses. While we strive to enhance Your employability, we do not guarantee job placement at any point during or after the course completion.
5. Usage of the Website and Services
5.1 We grant You a personal, limited, non-transferable, non-exclusive, and revocable license to use the Website, Services, and the Content and Courseware provided through the Website. This license is valid until the completion of the certification training course You have enrolled in or the termination of this Agreement, whichever occurs first. The Services and Content are offered solely for Your personal, non-commercial use to help You complete the certification training course You registered for (“Restricted Purpose”).
5.2 You are allowed online access to the Website, Services, and Content and may download, save, or print the Content for the Restricted Purpose only.
5.3 You are prohibited from reproducing, transmitting, distributing, sublicensing, broadcasting, or preparing derivative works of the Content and Courseware, in whole or in part, for any purpose other than the Restricted Purpose without Our prior written consent.
6. Intellectual Property Rights
6.1 While You are granted a limited right to use the Website, Services, and Content for the Restricted Purpose, You acknowledge that We remain the sole owners of the Website, Services, and Content, and retain all intellectual property and proprietary rights.
6.2 You agree that this Agreement only allows You to use the Website, Services, and Content for the Restricted Purpose and does not grant You any ownership, title, or interest in them.
7. Usage of Personal Information of Participants
7.1 We reserve the right to use Your image in promotional materials, such as photos or videos. Additionally, We may use Your personal information to inform You of other certification training courses. However, We will not share or distribute Your personal information to third-party marketing databases or disclose it to third parties without proper verification or unless required by law.
8. Limitation of Liability
8.1 You expressly agree that using the Website, Services, and Content is at Your own risk. We do not guarantee uninterrupted or error-free access to the Website or Services, nor do We guarantee the accuracy or reliability of the information provided. In no case shall We, or any party involved in creating or distributing the Website, Services, or Content, be liable for any direct, indirect, incidental, special, or consequential damages arising from their use or inability to use.
8.2 This limitation of liability applies to all damages caused by performance failure, error, omission, interruption, computer virus, communication failure, or unauthorized access to or alteration of records, regardless of the cause of action.
8.3 You specifically acknowledge that We are not responsible for any defamatory, offensive, wrongful, or illegal conduct of third parties or other users of the Website, Services, or Content, and You assume full risk of any such damage or injury.
8.4 You agree that Our total liability, or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising from any legal claim connected with the Services or Content, shall not exceed the amount of fees You paid for the certification training course.
9. Term and Termination
9.1 This Agreement becomes effective when You accept its terms by clicking the “I ACCEPT” button and remains in effect as long as You maintain a current, fully paid Participant Account, or until terminated by Us, whichever is sooner.
9.2 We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by notifying You via email (“Immediate Termination Date”) if the termination is due to Your misrepresentation, default, misconduct, or breach of obligations under this Agreement (“Event of Default”). Upon any Event of Default, We are entitled to seek all available remedies under this Agreement, applicable law, or equity, including indemnification for any resulting Loss or Claim.
9.3 The provisions of clause 4.3, clause 7.2, clause 8, and clause 11 shall survive the termination of this Agreement.
10. Indemnity
10.1 You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses, including attorneys’ fees, arising out of Your unauthorized use of the Website, Services, and Content or any violation or breach of this Agreement.
11. Waiver
11.1 Failure or delay by any party to exercise any right, remedy, or privilege under this Agreement does not constitute a waiver. No term of this Agreement shall be deemed waived unless such waiver is in writing and signed by the party. A waiver of any rights or consent to any breaches does not constitute a waiver of other rights or breaches.
12. Severability
12.1 If any provision of this Agreement is deemed invalid or unenforceable under applicable laws, the remaining provisions shall remain in full force and effect. The Agreement will be reformed by replacing the invalid provision with one that closely reflects the original intent.
13. Governing Law and Jurisdiction
13.1 For U.S. residents, this Agreement is governed by the laws of Massachusetts, and any related disputes are subject to the exclusive jurisdiction of the courts in Massachusetts.
13.2 For non-U.S. residents, this Agreement is governed by the laws of India, with the courts in Noida, India holding exclusive jurisdiction over any disputes.
14. Amendment and Assignment
14.1 We reserve the right to amend or modify this Agreement unilaterally. Any revisions will be published on the Website, and You are responsible for reviewing them. Continued use of the Website, Services, and Content after changes are posted constitutes Your acceptance of those changes.
14.2 You may not assign this Agreement or its rights and obligations to any third party, and You remain responsible for any breach of this Agreement.
15. Entire Agreement
15.1 This Agreement, along with the privacy policy, refund policy, rescheduling policy, terms of use, and any additional guidelines or disclaimers on the Website, constitutes the entire agreement governing Your use of the Website and supersedes any prior agreements related to this subject.
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