TrainerCentral - Terms
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You”, “Your” OR "TRAINERS") AND ZOHO CORPORATION (hereinafter “Zoho”) SETTING FORTH THE TERMS AND CONDITIONS ("TERMS") GOVERNING YOUR USE OF TRAINERCENTRAL, A SERVICE THAT ALLOWS YOU TO CREATE AND SELL ONLINE COURSES (the "SERVICE").
Description of the Service
TrainerCentral is an online course creation platform that enables Trainers to create, publish, sell and administer online courses to the end users ("Learners"). By offering the Service, Zoho : (i) neither assumes the role of an educational institution nor the role of a course provider; and (ii) merely provides you the technological means through which you can make your courses available to your Learners.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Service.If you do not agree to the Terms do not use the Service.
Subscription to Beta Service
We may offer the Service as closed or open beta service ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Service. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Service as commercial service. You will be under no obligation to acquire a subscription to use the paid Service as a result of your subscription to the Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, the Beta Service with or without notice to you. You agree that Zoho will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Beta Service for any reason.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Service. If you represent an organization and wish to use the Service for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zoho has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zoho may terminate your user account and refuse current or future use of the Service.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Service based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Zoho is not responsible for account administration and internal management of the Service for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to Zoho. In the absence of any specified administrator account recovery process, Zoho may provide control of an administrator account to an individual providing proof satisfactory to Zoho demonstrating authorization to act on behalf of the organization. You agree not to hold Zoho liable for the consequences of any action taken by Zoho in good faith in this regard.
Personal Information and Privacy
Communications from Zoho
The Service may include certain communications from Zoho, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Service, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Zoho in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Zoho to the complainant.
Fees and Payments
The Service is available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Zoho to charge the subscription fee to the Credit Card last used by you. Please click here to know about our Refund Policy.
From time to time, we may change the price of the Service or charge for use of Service that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- use the Service in violation of the Terms;
- transfer the Service or otherwise make it available to any third party;
- provide any service based on the Service without prior written permission;
- use the Service to transmit or publish any content that you know to be false, misleading, untruthful or inaccurate;
- use the Service to post links to third party sites or use their logo, company name, etc. without their prior written permission;
- use the Service to transmit or publish any personal or confidential information belonging to any person or entity without obtaining authorization from such person or entity;
- use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Zoho;
- use the Service to publish or transmit any material that contains viruses or malicious codes that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of the Service;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code of the Service;
- use the Service in violation of any applicable local, state, national or international law;
- use the Service for the transmission of material that is unlawful, defamatory, fraudulent, harassing, liebelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable;
- use the Service to transmit or publish any content that constitutes unauthorized or unsolicited advertising, "junk mail," "spam", "chain letters", or “phishing”;
- use the Service to transmit or publish any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- use the Service to publish or transmit any content that offends religious sentiments or promotes racism; and
- use the Service to impersonate any individual or entity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Service does not grant Zoho the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Zoho’s commercial, marketing or any similar purpose. But you grant Zoho permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Service to you.
User Generated Content
You may transmit or publish content created by you using the Service. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on the Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Zoho will have the right to block access to or remove such content made available by you if Zoho receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Zoho for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Service, click here.
If you wish to protest any blocking or removal of content by Zoho, you may do so in the manner provided here.
Sample files and Applications
Zoho may provide sample files and applications for the purpose of demonstrating the possibility of using the Service effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Zoho makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
TrainerCentral, Zoho and Zoho logo are trademarks of ZOHO Corporation. You agree not to display or use, in any manner, the Zoho trademarks, without Zoho’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOHO MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT ZOHO SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by Zoho.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Zoho may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of the Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Zoho breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Service, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
MODIFICATION OF TERMS
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Service by providing Zoho notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.