B) WEBSITE

1) Terms and conditions

• Enrolment: Enrolment occurs on the signing of the Enrolment Form and payment of either part or full Course Fees.
• Acceptance of Terms and Conditions

  By signing the Enrolment Form, you (“the Participant”) agree to Upskilled Pty Ltd’s (“Upskilled/Upskilled’s”) Terms and Conditions, obligations, representations, warranties, and agreements which are defined as under. The Terms and Conditions should be read in conjunction with the Privacy Policy, Refund Policy, Rescheduling Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Learning Management System (“LMS”) & www.simplilearn.com (“Website”) , which in entirety govern the use of the LMS & Website.

• Services, Content and Courseware

  On Enrolment the Participant will be authorised or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published, available or provided on the Website which is owned, maintained and monitored by Simplilearn Solutions Private Limited (“SimpliLearn”).

  As a part of the Services offered, Simplilearn will provide access to 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 concerning the specific certification training course the Participant has registered for ("Content and Courseware"). Simplilearn reserves the right to amend, revise or update the Content and Courseware offered.

  Simplilearn grants a personal, restricted, non-transferable, non-exclusive, and revocable license to use the LMS, the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that the Participant has enrolled for or the termination of the Enrolment according to the Terms and Conditions whichever is earlier.

  The Services and the Content and Courseware are provided solely for the Participant’s personal and non-commercial use to assist them in completing the certification training course they have registered for ("Restricted Purpose").

  The Participant is permitted online access to the Website, the Services, and the Content and Courseware which can be downloaded, saved, or printed solely for the Restricted Purpose.

  The Participant is 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 Simplilearn/Upskilled’ s prior written consent.

• Intellectual Property Rights

  The Participant is granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as outlined in the Terms and Conditions.

  Simplilearn is 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.

  The Participant is allowed to use the Website, the Services, and the Content and Courseware for the Restricted Purpose, and does not have any right, title or interest of proprietary, or any other nature in the Website, the Services, and the Content and Courseware.

• User ID and Password

  The user ID and password (“Participant Account”) are provided for the exclusive use of the Participant. Use or sharing of the Participant Account with another user is not permitted and any breach of this term and condition will lead to the immediate blocking of your access to the LMS and the Course and Content and the termination of Enrolment.

  The Participant has the sole responsibility for maintaining the confidentiality of their Participant Account and for all activities that occur under it.

  The Participant will immediately notify our Student Support Officer at simplilearnss@upskilled.edu.au if they become aware of or have reason to believe that there is any unauthorised use of their Participant Account.

  The participant will also agree to take all reasonable steps to stop such unauthorised use and cooperate with Upskilled/Simplilearn in any investigation of such unauthorised uses.

  Upskilled/Simplilearn shall not under any circumstances be held liable for any claims related to the use or misuse of the Participant Account due to the activities of any third party outside of their control or due to the Participant’s failure to maintain the confidentiality and security of their Participant Account.

• Usage of Personal Information of Participants

  The Participant’s personal information may be used to inform them about certification training courses offered by Upskilled/Simplilearn.

  The Participant’s personal information shall not be disclosed, distributed or shared with any third-party marketing database except on a case-to-case basis after proper verification of such third party or if required under any applicable law.

• Limitation of Liability

  The Participant has the sole risk of using the LMS, Website, the Services, and the Content and Courseware. Upskilled/ Simplilearn does 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 Upskilled/Simplilearn 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 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 unauthorised 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.

  Upskilled/Simplilearn is 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 the risk of damage or injury from the foregoing rests entirely with each user.

  Upskilled/Simplilearn’s liability or the liability of their 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 Upskilled for the particular certification training course.

• Term and Termination

  The Terms and Conditions will become effective upon Enrolment and will remain in effect until the Participant maintains a current, fully paid online Participant Account or until the termination of Enrolment terminated by Upskilled/Simplilearn, whichever is earlier.

  Upskilled/Simplilearn reserves the right to terminate the Enrolment and block the Participant’s access to the Content and Courseware with immediate effect if such termination is made as a result of misrepresentation, default, misconduct, or breach of the Terms and Conditions ("Event of Default"). The Participant will be informed of the Event of Default through a written notice sent by email.

  On the occurrence of any Event of Default, Upskilled/ Simplilearn shall be authorised to exercise all the rights and remedies under the Terms and Conditions or applicable Law or available in equity to seek indemnification for any loss or claim resulting from any such Event of Default.

• Indemnity

  The Participant agrees to indemnify and hold Upskilled/ Simplilearn and our contractors, licensors, directors, officers, employees, and agents, harmless from and against all claims, losses, damages, liabilities, and expenses, including attorneys' fees, arising out of the Participant’s unauthorised use of the Website, the Services, and the Content and Courseware or any violation or breach of the Terms and Conditions.

• Waiver

  Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof or of the exercise of any other right, remedy, power, or privilege. No term and condition 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 Term and Condition is held invalid or unenforceable under the applicable laws, the remaining Terms and Conditions shall continue in full force and effect, and the Term and Condition shall be deemed to be reformed by replacing such invalidated or unenforceable Term and Condition with a valid and enforceable Term and Condition that gives the effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable Term and Condition.

• Amendment and Assignment

  Upskilled reserves the right to unilaterally amend or modify the Terms and Conditions without giving any prior notification to the Participant. The revised Terms and Conditions shall be published on the Website with details on the revisions, modifications and amendments.

  The Participant is responsible for checking the Website periodically for any revisions, modifications, and amendments. The Participant’s continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to the Terms and Conditions shall constitute acceptance of those changes.

  The participant is not permitted to assign the rights and obligations mentioned in the Terms and Conditions to any third party and the Participant only shall be held liable for any breach of any Terms and Conditions.

• Grievance Redressal

  If you have any concerns or queries, please contact our Student Support. Our Student Support shall undertake all reasonable efforts to address your grievances in the shortest possible time. You may contact us at: simplilearnss@upskilled.edu.au

2) Terms of Use

Please read the following carefully before using any Service, Content and Courseware

These Terms of Use control the Participant’s use of the Website and LMS

• The Participant should not use the Website in an unlawful manner; and must respect the Website terms and conditions and follow the Privacy Policy.
• Under no situations or circumstances will Upskilled/ Simplilearn be liable for any change in the content that 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.
• The Services are accessible to any Participant with access to the Internet. Also, the Participant is fully responsible for functioning computer hardware and internet access. The Participant is fully responsible for the charges incurred for the usage of hardware, software, or internet services provider fees.
• The Participant will be required to use login credentials for some of the sections on the Website, and Upskilled/Simplilearn reserves the right to block access to the Services. Course and Content ware for any Participant who does not follow these Terms and Conditions.
• Upskilled/ Simplilearn will ensure that the Participant gets uninterrupted access to the Service, Course and Content Ware, but there is no obligation to do so.
• Upskilled/ Simplilearn is not responsible and is not obligated for issues in the Participant’s network or server beyond certain limits.

Website & LMS usage guidelines

• Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others.
• Do not publish, post, distribute or disseminate defamatory, infringing, indecent, offensive or unlawful material or information.
• Do not upload, install, or transfer files protected by Intellectual Property Laws or software that 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 & LMS 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

The Website/LMS may have links to other websites. Upskilled/Simplilearn do not undertake any control over the content of these websites, nor are responsible for their content. The sole purpose of the links is to provide Participant’s with information. Upskilled/Simplilearn will not be held accountable.

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

Copyright and Intellectual Property

Upskilled and Simplilearn value and respect others' intellectual property and expect our Participant’s to do the same.

The entire contents of the Website 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, the Participant may not duplicate, modify, publish, or reproduce the content.

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 you visit will administer that material.

Simplilearn has the right to disable or prohibit access to Participant’s who do not respect and are involved in the infringement of Simplilearn intellectual property.

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

Proprietary Use of Simplilearn Study Material

Simplilearn reserves the right to change prices for 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 the Participant.

3) Privacy Policy:

Please refer Simplilearn’s Privacy Policy

4) Accessibility Policy

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

• We aim to conform to internationally recognised Web Content Accessibility (WCAG) Guidelines 2.1 Level AA and Section 508 standards.
• We recognise 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 prioritise accessibility bug fixes and strive to address the concerns that may hinder the learning experience.
• Any accessibility-related queries can be reported to accessibility@simplilearn.com.
• We have published our Voluntary Product Accessibility Template (VPAT) here: VPAT.

5) Refund policy

Thank you for buying a Simplilearn course. We ensure that our users have a rewarding experience while discovering, assessing, and purchasing our courses, whether it is instructor-led or self-paced training.

As with any online purchase experience, some terms and conditions govern the Refund Policy. When you buy a training course on Simplilearn, you agree to the Terms and Conditions, Privacy Policy, Terms of Use and refund policy.

Purchase is defined as the day of signing of the Enrolment Form and payment of part or full Course Fees, whichever comes later.

Our refund policy is as follows:

Cancellation & Refunds: Online Training

For Self-Placed Learning:
Raise refund requests within seven (7) calendar days of purchase. Money-back guarantee is void if the participant has accessed more than 25% content or downloaded the E-Book. Any refund request beyond seven (7) calendar days of purchase will not be accepted.

For Instructor-Led Training:
Raise refund requests within seven (7) calendar days of purchase. Money-back guarantee is void if the participant has accessed more than 25% content of an e-learning course or has attended Online Classrooms/received recordings for more than 1 day. Also, the money-back guarantee will be void if a user downloads the E-Book for the course. Any refund request beyond seven (7) calendar days of purchasing the course will not be accepted, and no refund will be provided.

For Post Graduate Programs:
Raise refund requests within seven (7) calendar days of purchasing the postgraduate program. The Money-back guarantee is void if the participant raises any refund request beyond seven (7) calendar days of purchasing the course. Refund requests after the seven (7) day period will not be accepted, and no refund will be provided. Notwithstanding the above, the booking fee paid by the participant towards securing their seat in a program shall be non-refundable under all circumstances.

Initiation of Refund

• Refund can be requested by sending an email to simplilearnss@upskilled.edu.au
• Note: All refunds will be processed within ten (10) business days after the refund request is approved by Upskilled.

Rescheduling policy - Corporate Training

• 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 at their convenience on any scheduled training date.
  • The delegates, if they so wish, can send a replacement. However, this should be intimated to Upskilled at least 3 days before the event.
• Whereas, if, for some unforeseen reasons, a delegate wishes to reschedule their 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 the registration fee will be charged.
  • Please note that rescheduling will be subject to the availability of seats.
  • If the rescheduling request is received within 10 business days or less, no rescheduling will be allowed. However, the delegate can send a replacement instead.
  • Notwithstanding the preceding, the course must be attended within 6 months of the participant's original sign-up date. No refunds or credits will be available for participants who fail to attend a course within these six months.