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Terms and Conditions

Terms and Conditions
The following are the Terms and Conditions (Terms) for use of the NetSoft IT Academy website described herein (the “Service”) between the NetSoft IT Academy website and you (either an individual or a legal entity that you represent as an authorized employee or agent). Please read them carefully. The Services are offered to each user subject to such user’s acceptance of all of the stated Terms and all other applicable terms and conditions, operating rules, policies, and procedures that are communicated from time to time on or through the platform by the eLearning Industry.
A user should read the Terms carefully before browsing or accessing the platform or any content or using any Services. By browsing, accessing, or using any part of the platform, including the registration by a registered user to open an account (a “user account”), a user agrees to be bound by these Terms. If a user disagrees with or cannot follow these Terms (in part or in whole), then such user should not browse or access the platform, use any services, register to create a user account, or enter a contract for e-Learning courses (the Products).
Platform
We are Educational Systems Limited, trading as e-Learning, a company created as an informative, educational, and knowledge-sharing platform targeted mainly to professionals with the aim of providing Content and Services. We enable users to access an online platform where users can stay up to date with the latest technologies as well as have access to educational and informative material—including, for instance, the ability to read industry-related articles and eBooks, participate in webinars, and participate in other activities offered on the Platform.
Registration and Security
To register for the Service, you must complete the registration process by providing e-Learning Services with current, complete, and accurate information as prompted by the registration form, including your e-mail address (username) and password. We develop, distribute, and maintain the Product(s) and will provide you with login details. We will also manage your access to the Products and support you when necessary.
You shall not copy, modify, transmit, distribute, or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute, or in any way exploit the Product or any other copyrighted materials.
Grant of License
In consideration of your payment, we hereby grant you a licence to use the Products. This licence is limited, revocable, non-exclusive, non-sublicensable, and non-transferable, and is subject to the rights and obligations granted under these Terms. This licence is personal to you and cannot be shared or exchanged with others.
Access to Material
The starting date of your access to the Products is deemed to be the date of purchase.
We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages, and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance, and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification to ensure that they are up to date and accurate.
Pricing and Payment
We use third-party payment providers, depending on how you make payments: Stripe and PayPal. Payment for the Products must be made at the point of purchase.
You agree to provide payment for the Products in the stipulated currency, and you will be liable to pay any relevant conversion charges. Please note that we must receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products for a limited period of time appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.
We reserve our right to review and change the pricing of any of our Products. This will not affect the Products that have already been purchased.
Privacy
You will not (and will not allow any third-party to) attempt to copy, record, or reverse engineer any material supplied by NetSoft IT Academy.
Third-Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. We cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. The Service disclaims any responsibility or liability related to your access, use of, or inability to access and use of such third-party content.
Copyright and Trademark Policy
The Service respects the intellectual property rights of our users, Content Providers, and other third parties and expect our users to do the same when using our Services.
Modifying and Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements and suspend or stop part of our Services altogether. We may terminate your use of any Service for any reason. If your use of a paid Service or Product is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services or Products to certain regions or countries for various reasons, including applicable export control requirements or Internet access limitations and restrictions from governments. None of our Website, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall have any liability to you for any such action.
Cancellation Policy
Where Products are delivered to you immediately, you will not have the right to change your mind. If you do wish to cancel, please contact us via email. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment, and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Product(s)s is inhibited due to insufficient system requirements. We may restrict your access to the Products if you breach these terms, including without limitation:
1. A failure to make any payment due to us; or

2. Failure to provide accurate information that is necessary for us to provide the Products to you.

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.
Disclaimers
The Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. The e-Learning parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of a course of dealing or usage of trade. The e-Learning parties further disclaim any and all liability related to your access or use of the Services or any related content. You acknowledge and agree that accessing or using the Services or such content is at your own risk.
Limitation of Liability
To the maximum extent permitted by law, the e-Learning parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any party other than the applicable e-Learning parties, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information. In no event shall e-Learning aggregate liability for all claims related to the Services exceed twenty U.S. dollars ($20) or the total amount of fees received by e-Learning from you for the use of paid services during the past six months, whichever is greater. You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and the e-Learning parties and that these limitations are an essential basis for the ability to make the Services available to you on an economically feasible basis. You agree that any cause of action related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.
Indemnification
You agree to indemnify, defend, and hold harmless the e-Learning parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third-party related to (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third-party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by NetSoft IT Academy, located in Ontario, Canada. You agree that any dispute related to these Terms and Conditions will be governed by the laws of Canada, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in Canada’s federal and state courts as the legal forum for any such dispute.
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