Terms and conditions stipulated herein constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”) and Sharper Minds Academy Ltd, its holding company, subsidiaries and/or any affiliate company (collectively, the “Company”), concerning your access to and use of this website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”), you unconditionally: – (a) acknowledge that you have read and fully understood these terms and conditions and agree to be bound by these terms and conditions; (b) consent to Company using and processing your personal information and data in accordance with Company’s Privacy Policy. Any person that you allow to access the service using your account shall also be bound by these terms and conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the Platform and you must discontinue use immediately.
1. Introduction
1.1 Please read these Website Terms and Conditions (“Terms“) carefully as they govern your use of (which includes access to our service, including our website and software applications that incorporate or link to these Terms (collectively, the “Service” or “Services”) and other material that is made available through the Service (the “Content“). Use of the Service may be subject to additional terms and conditions presented by us, which are hereby incorporated by this reference into these Terms. By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree to these Terms, then you must not misuse the Service or access any Content.
2. The Service Provided by Us.
2.1 Service Options We provide numerous Service options. Certain Service options require payment before they can be accessed. We may also offer special promotional plans, memberships, or other services.
2.2 Service Limitations and Modifications We use reasonable care and skill to keep the Service operational and to provide you with a personalized experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you. For example: The Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Service (including particular functions, features, subscription plans and promotional offerings).We have no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the other third parties or events beyond our control.
2.3 Return Policy: As our service is entirely digital and delivered instantly, we do not accept returns for digital certifications once they have been issued and downloaded. However, if you are experiencing any technical difficulties or issues with accessing your digital certification, please contact us immediately so we can resolve the issue.
Refund Policy: Valid Reasons for Refunds: Inability to download your digital certification due to system error;
Inability to access to your downloaded digital certification due to system error;
Repetitive purchase of the same service; and
Purchase of the wrong digital certification and have not downloaded it yet.
Invalid Reasons for Refunds: Change of mind about wanting the digital certification;
You did not read the description of the service before purchasing;
Non-satisfaction with the quality of the digital certification only after the digital certification being downloaded;
A better offer or alternative service can be found elsewhere; and
Unfitness of the digital certification for its intended purpose.
3. Your Use of the Service
3.1 Creating an account You may need to create an account to use all or part of the Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.We may reclaim, or require you to change, your username for any reason.
3.2 Your rights to use the Service
3.2.1 Access to the Services Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, “Access“). This Access shall remain in effect unless and until terminated by you or us. You agree that you will not redistribute or transfer the Service or the Content. The software applications and the Content are licensed, not sold or transferred to you, and the Company and its licensors retain ownership of all copies of the software applications and Content even after installation on your Devices.
3.2.2 Proprietary Rights The Service and the Content are the property of the Company or the Company’s licensors. All trademarks, including, without limitation: graphics; layout; text; instructions; images; trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers; games; contests and sweepstakes; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Platform; the compilation, assembly and arrangement of the materials of the Platform; service marks, trade names, logos, domain names, and any other features of our brand (“Brand Features“) are the sole property of the Company or its licensors and all other materials related to the Platform (collectively, “Materials”). The Platform is the property of Company and its shareholders/owners, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws. These Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use. You agree not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms. When you use the Platform, you must:-keep intact all copyright, trademark and other proprietary notices; make no modifications to the Platform or Materials; and not copy or adapt any object code associated with the Platform, reverse engineer, modify or attempt to discover any source code associated with the Platform (nor allow or assist any third-party to do so).You agree that you will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Platform; will not use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Platform; will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform. You will use the Platform solely for your own personal use and will not make the Platform available to any third-party for any reason. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute any portion of the Platform (except as may be a result of standard search engine or Internet browser usage).
3.2.3 Payments and cancellation Your subscription to the Service and Content are subject to charges as stipulated in the Platform and subject to other terms and conditions stated herein.
3.2.4 Price and tax changes We may from time to time change the price/charges and will communicate any price changes to you in advance on reasonable notice. Subject to applicable law, by continuing to use the Service after the price change takes effect, you will have accepted the new price.
4. Content and Intellectual Property Rights
4.1 Subscriber content
4.1.1 The content you post on the Platform You may post, upload, or otherwise contribute content on the Platform (“Subscriber Content“). For the avoidance of doubt, Subscriber Content includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Platform by you. You are solely responsible for all Subscriber Content that you post. You promise that, with respect to any Subscriber Content you post, (1) you own or have the right to post such Subscriber Content; (2) such Subscriber Content, or its use by us pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such Subscriber Content does not imply any affiliation with or endorsement of you or your Subscriber Content by us or any artist, band, label, or other individual or entity without the prior express written consent from us or such individual or entity.In posting or sharing Subscriber Content or other information on the Service, please keep in mind that content and other information will be publicly accessible and may be used and re-shared by others on the Service and across the web, so please use caution in posting or sharing on the Service and be mindful of your account settings. We are not responsible for what you or others post or share on the Service.
4.1.2 Monitoring Subscriber content We may, but has no obligation to, monitor or review Subscriber Content. We reserve the right to remove or disable access to any Subscriber Content for any or no reason. We may take these actions without prior notification to you.
4.2 Licenses that you grant us
4.2.1 Subscriber Content You retain ownership of your Subscriber Content when you post it to the Platform. However, in order for us to make your Subscriber Content available on the Platform, we do need a limited license from you to that Subscriber Content. Accordingly, you hereby grant to us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such Subscriber Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to be identified as the author of any Subscriber Content, including feedback, and your right to object to derogatory treatment of such Subscriber Content.
4.2.2 Feedback If you provide ideas, suggestions, or other feedback in connection with your use of the Service or any Content (“Feedback“), such Feedback is not confidential and may be used by us without restriction and without payment to you. Feedback is considered a type of Subscriber Content under these Terms.
4.2.3 Your Device. You also grant to us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with our Privacy Policy.
4.2.4 Content experience In any part of the Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including our agreements with third parties. Some Content licensed by, provided to, created by, or otherwise made available by us (e.g., podcasts) may incorporate advertising, and we are not responsible for any such advertising.
5. Subscriber Support, Information, Questions and Complaints
5.1 Support Community The Support Community is a place for discussions and exchange of information, tips, and other materials related to the Service. By using the Support Community, you agree to the Community Terms.
5.2 Subscriber Support, Information, Questions, Complaint If you have any questions concerning the Service or these Terms (including any additional terms and conditions incorporated herein), please contact Subscriber Service by emailing using the Contact Us section of our website.
6. Problems and Disputes 6.1 Suspending and terminating the Services These Terms will continue to apply to you until terminated by either you or us. We may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or us terminate these Terms, or we suspend your access to the Service, you agree that we shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) we will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Service.
6.2 Warranty disclaimers We will provide the Service using reasonable care and skill and in accordance with any specification of the Service provided by us, however, subject to that, the Service is provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory. Further, we and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither us nor any owner of content warrants that the Service or content is free of malware or other harmful components. In addition, we make no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), Subscriber content, devices or any product or service advertised, promoted or offered by a third party on or through the Service or any hyperlinked website, and we are not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us. While using the Service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law.
6.3 Limitation of Liability Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall any software and to stop using the Service. You agree that we have no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to us, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications. In no event will us, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Service, devices, third-party applications, or third-party application content; or (3) aggregate liability for all claims relating to the Service, third-party applications, or third-party application content. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.For clarification, these terms do not limit our liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.
6.4 Third Party Rights You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and us, and in no event shall these Terms create any third-party beneficiary rights.
6.5 Indemnification You agree to indemnify and hold us harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by us arising out of or related to: (1) your breach of any of these Terms (including any additional terms and conditions incorporated herein); (2) any Subscriber Content you post or otherwise contribute; (3) any activity in which you engage on or through the Service; and (4) your violation of any law or the rights of a third party. 6.6 Governing Law, Mandatory Arbitration and Venue
6.6.1 Governing Law / Jurisdiction Unless otherwise required by mandatory laws in your country of residence, terms and conditions herein stated (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the United Kingdom, without regard to choice or conflicts of law principles.
6.6.2 Dispute resolution You and us agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with us as a Subscriber of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by the laws of the United Kingdom. All claims arising out of or relating to these terms or the Service will be litigated exclusively in the court of the United Kingdom.
6.6.3 Exceptions Not withstanding anything to the contrary, you and us both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
7. About these Terms
Under applicable law, you may have certain rights that can’t be limited by a contract. These terms are in no way intended to restrict those rights.
7.1 Changes We may make changes to these Terms (including any additional terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised terms on the applicable Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other applicable terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
7.2 Entire Terms Other than as stated in this section or as explicitly agreed upon in writing between you and us, these Terms constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
7.3 Severability and Waiver Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by us or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive our or the applicable third-party beneficiary’s right to do so.
7.4 Assignment We may assign any or all these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party. Terms and conditions stipulated herein constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”) and Sharper Minds Academy Ltd, its holding company, subsidiaries and/or any affiliate company (collectively, the “Company”), concerning your access to and use of this website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”), you unconditionally: -(a) acknowledge that you have read and fully understood these terms and conditions and agree to be bound by these terms and conditions; (b) consent to Company using and processing your personal information and data in accordance with Company’s Privacy Policy. Any person that you allow to access the service using your account shall also be bound by these terms and conditions. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the Platform and you must discontinue use immediately.
1st June 2024