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Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND Microtek Learning Inc or, as applicable, its local subsidiary ("We" or "Company" or "Microtek Learning"). BEFORE ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this "Agreement") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this "Microtek Learning Website").
'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 Microtek Learning website (the 'Site'), the educational services made available through the site and the content (the 'Products') are owned, operated and maintained, as applicable, by Microtek Learning ('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 the guidelines below:
Usage of the Website
Terms for Link and Hyperlinks
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, Microtek Learning will not be held responsible.
The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are microteklearning.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 Microtek Learning Inc, therefore you may not duplicate, modify, publish, or reproduce the content in any manner.
Microtek Learning does not take any responsibility for the content on other sites (except our partners and affiliates), that you may find when searching or accessing Microtek Learning products or services. The Privacy Policy and Terms of Use of the sites that you visit will administer that material.
Microtek Learning has all the rights to disable or prohibit access to users who do not respect and involve in the infringement of Microtek Learning intellectual property.
You are not allowed to use any of the digital images or logos from the website. In case of copyright issues, there must be a written consent from the trademark owner.
Third Party Products/Services
Microtek Learning, in its sole discretion, may post the advertisements of third parties on the Microtek Learning Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Microtek Learning’s members. Microtek Learning makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Microtek Learning Website are solely between you and such third party. Accordingly, Microtek Learning expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Microtek Learning Website, and you agree that Microtek Learning shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Microtek Learning Website.
User Name/Password Policy
Registration as an Authorized User for access to certain areas of the Microtek Learning Website may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Microtek Learning Website and to your account. Accordingly, by using the Microtek Learning Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User's user name and password. You will immediately notify Microtek Learning if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Microtek Learning cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Microtek Learning reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
Privacy Policy
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the Microtek Learning Website requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Microtek Learning Website, you acknowledge and agree that your use of the Microtek Learning Website will constitute acceptance of Microtek Learning’s personal identifying information collection and use practices. Please see Microtek Learning’s Privacy Policy for Microtek Learning’s personal identifying information collection and use practices.
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.
You agree 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 certification training course.
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 certification 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 updating occurs, we may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
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 certification 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.
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.
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 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.
Pricing Disclaimer
All prices, products, and offers of Microtek Learning website are subject to change without notice.
While we make sure to provide the 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.
Microtek Learning 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.
Feedback and Submission
Microtek Learning welcomes your feedback and suggestions about Microtek Learning’s products or services or the Microtek Learning Website. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Microtek Learning, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Microtek Learning and enable Microtek Learning to use such feedback. In addition, any feedback received through the Microtek Learning Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Microtek Learning to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Proprietary Rights
Microtek Learning 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. This Microtek Learning Website is copyrighted. Copyright Microtek Learning and/or its licensors. All rights reserved. Microtek Learning also owns a copyright in the contents of the Microtek Learning Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Microtek Learning Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Microtek Learning Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Microtek Learning. Microtek Learning, the Microtek Learning logo, and all other names, logos, and icons identifying Microtek Learning and its programs, products, and services are proprietary trademarks of Microtek Learning, and any use of such marks, including, without limitation, as domain names, without the express written permission of Microtek Learning is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
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. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. 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 mentioned in 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, Rescheduling Policy, Terms of Use, 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 with in this Agreement.
Other Terms and conditions
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a program, conference, training, or seminar, Authorized User registration with the Microtek Learning Website, and/or to other specific portions or features of the Microtek Learning Website, all of which are made a part of this Terms by this reference. This Terms, in and of itself, shall not entitle you to any of the Microtek Learning membership benefits until you execute, and Microtek Learning accepts Microtek Learning’s member services agreement with Microtek Learning. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this Terms of service and the terms posted for or applicable to a specific portion of the Microtek Learning Website, the latter terms shall control with respect to your use of that portion of the Microtek Learning Website. Microtek Learning’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Terms of Service should be construed to alter such terms, conditions, notices, and agreements.
Rescheduling Policy
In case Microtek Learning reschedules the training event:
Students would have the privilege of rescheduling and attending a class in future at his/her convenience, at any location, on any date of scheduled training.
Students, if they so wish, can send a replacement. However, this should be intimated to Microtek Learning at least 10 days prior to the event.
If the rescheduling request is received 7 days prior (or more), 10% of registration fee will be charged.
If the request of rescheduling is received within 7 days or less, no rescheduling will be allowed. However, the delegate can send a replacement instead.
Rescheduling is permitted at any time with 7 or more calendar days' notice. Enrollments must be rescheduled within six months of the cancel date or funds on account will be forfeited.
If you are unable to attend your scheduled training class, please call 800-961-0337. In order to receive a refund for prepayment, you must cancel or reschedule your registration 10 or more calendar days before the start date of your scheduled class. Failure to provide the required notification will result in full charge of the course. If a student does not attend a scheduled course without the required prior notification, the funds will be forfeited, and rescheduling will not be allowed. Within the required notification period, only student substitutions will be permitted.
Boot Camp Policy: The boot camp attendance policy is the same as listed above.
On-Demand Training: Online subscriptions cannot be canceled or refunded.
Please note that rescheduling will be subject to availability of seats.
Refund Policy
Microtek Learning believes in transparency, hence when you purchase a course with us you agree to our Privacy policy, Refund policy and to our terms and conditions.
For On-Demand Training – Online subscriptions cannot be canceled or refunded.
For Instructor-Led Live Online Training: Refund request raised within 10 days prior to the commencement of the class will be entertained. Refund is void if the participant has attended Online Classrooms/received recordings for more than 1 day.
Also, in case a user downloads the E-Book for the course the refund will be void.
If you raise a valid refund request after 7 days but within 30 days of purchasing the course, you will receive 50% of the total fees paid by you. However, no refund will be provided if you raise a request beyond 30 days of purchasing the course.
For Classroom Training
Microtek Learning reserves the right to postpone/cancel any class, or change the location of any class because of insufficient enrollments, instructor illness or force majeure events (like floods, earthquakes, political instability, etc.)
In case Microtek Learning cancels the class, 100% refund will be paid to the registered students or the class will be rescheduled for them.
If a cancellation is done by the student 7 days (or more) prior to the event, 10% of the total paid fee will be deducted and the remaining amount will be refunded to the student.
If a cancellation is done by the student within 7 days (or less) of the event, no refunds will be made.
In case Microtek Learning cancels any class, 100% of course fees will be refunded, or the class will be rescheduled. However, travel, logistics or any personal expense incurred by learners/participants will not be refunded.
For Duplicate payment
Refund of the duplicate payment made by the student will be processed via the same source (original method of payment) in 10 working days post intimation by the customer.
Note: All refunds will be processed within 10 working days after the refund request is approved by Microtek Learning. You can reach out via email or call us on our toll-free number for more details.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" microteklearning.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MICROTEK LEARNING SEMINARS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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