These Terms of Service (“Terms”) govern the contractual relationship between the school(hereinafter referred to as the “KodeKloud”, “us”, “we”, or “our”) and each client, student, individual, entity, user or visitor (hereinafter referred to as “you” or “your”) (i) accessing the website located at www.kodekloud.com (hereinafter referred to as the “Website”), and/or (ii) using the Services (as defined under Section 2.1 of these Terms).
You and KodeKloud shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Website and Services. Your access to the Website and your use of the Services (defined below) are conditioned upon your acceptance of and compliance with these Terms.
1. Acceptance and Modification of Terms
By accessing the Website and by using the Services (as defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (defined below), and (ii) refrain from accessing/using the Website and Services.
Your continued use of the Website and Services shall be deemed to constitute your acceptance of these Terms.
KodeKloud reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically so as to stay abreast of any changes to the Terms. Your continued access to the Website and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
2.1 KodeKloud provides you, through the Website, with:
(i) an online learning proprietary platform (“E-Learning Platform”) which hosts a variety of self-paced and on-demand courses within the fields of Development Operations (DevOps) and Information Technology Administration (collectively the “Online Course(s)”);
(ii) access to and remote attendance/use of both free and paid Online Courses available on the E-Learning Platform; and
(iii) access to our online community in order for you to connect with other registered users so as to discuss your advancement and development on the Online Course(s),(collectively the “Services”).
2.2 You acknowledge and agree that depending on the Online Course you select and register for on the E-Learning Platform, the Online Course may include one or more of the following: (i) a selection of video lectures of various durations, (ii) interactive labs for the practical experience; (iii) mock exams and/or quizzes to test the skills you have learned; and/or (iv) a selection of text-based courses.
2.3 You acknowledge, understand, and agree that the Online Courses provided by KodeKloud on the E-Learning Platform do not include any live courses led by an instructor/teacher/educator.
2.4 KodeKloud does not offer any guarantees with regards to the Online Courses available on the E-Learning Platform. Therefore, you hereby acknowledge and agree that:
(i) the Online Courses are self-taught courses;
(ii) you shall be solely and exclusively responsible for the choices you make with regards to the Online Courses;
(iii) you shall be solely and exclusively responsible for any and all decisions, actions, or inactions you may choose to take whilst accessing, using, and remotely attending the Online Courses;
(iv) KodeKloud shall not be liable for any result or non-result or any consequences which may occur due to your access to and remote attendance/use of the Online Courses; and
(v) the interactive labs are for educational purposes only. As such, the interactive labs will be made available to you by KodeKloud for a limited duration of one (1) to two (2) hours maximum. Thereafter, your session in the interactive lab shall expire. Any and all information captured during your interactive lab session will not be saved/stored and will consequently be destroyed by KodeKloud. You further acknowledge and agree to not use, save or store any personal/company data during your interactive lab sessions.
2.5 Grant of License. KodeKloud grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to:
(i) access, use and remotely attend the Online Courses on the E-Learning Platform, and
(ii) view the Online Course and any associated content,
for which you have paid all required Subscription Plan (as defined below) fees and solely for your internal business or personal use, non-commercial, and educational purposes.
All and any other uses of the Online Courses are strictly prohibited. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Online Course available on the E-Learning Platform unless KodeKloud grants you with express written permission to do so.
2.6 For the avoidance of doubt, you shall not (i) be granted any right to commercialise or otherwise sublicense, transfer, assign, and/or convey the Services, and (ii) permit any third party to use or copy the Services, in whole or in part, or any improvements thereto.
2.7 You acknowledge and agree that any and all subscription payments, you make to obtain access to the Services on the Website and E-Learning Platform, are for your internal business or personal use only. As such you shall not be permitted or authorized to share such Services, for which payment has been received by KodeKloud from you, with any unauthorized third party. Should KodeKloud reasonably suspect you, in its sole discretion, of partaking in any irregular activity/abuse to access the Online Courses, we may block your use of the Services and terminate your access to the Website and E-Learning Platform in accordance with Section 15 (Suspension, Termination and Cancellation of Subscription Plan) of these Terms.
2.8 Promotions. KodeKloud may, in its sole discretion, launch certain limited promotions for the subscription to selected Services at discounted rates. You acknowledge and understand that such promotions shall (i) be for a limited duration; (ii) not apply to any Services subscribed to prior to the commencement of the promotion period; and (iii) include additional terms and conditions.
2.9 You acknowledge that KodeKloud may, in its sole discretion at any time without notice and for any or no reason, add, change, suspend, remove or discontinue any or all part(s) of the Services and/or Website.
2.10 You agree to use the Website and access the Services for lawful purposes only. Therefore, you agree to not:
(i) use any material or information, including images or photographs, which are made available by KodeKloud through the Services in any manner that infringes KodeKloud’s or any third party’s copyright, trademark, patent, trade secret, or other proprietary right;
(ii) download, copy, record, distribute, reproduce, perform, display, sell or give away the Online Courses provided by KodeKloud on the E-Learning Platform to any third party, as any such actions or practices are not only illegal but also strictly forbidden by Kodekloud;
(iii) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website and Services made available to you;
(iv) use, download or otherwise copy, or provide (whether or not for a fee) to an individual or entity any directory of users of the Services, any information and/or any portion thereof;
(v) access multiple interactive lab environments at the same time;
(vi) violate any applicable laws or regulations; and/or
(vii) use the Services and Website for any unauthorized commercial purposes.
2.11 Support Services. From Monday to Friday between the hours of 10:00 a.m. to 10:00 p.m. India Standard Time, KodeKloud shall provide you with support services via email in order to address any queries and concerns you may have pertaining to the Services as well as to any payment/account issue.
3. User Registration, Login Credentials and Security
3.1 In order to use the Services, you must first register with KodeKloud through our online registration process, by providing all required information which shall include but not be limited to your full name and email address. An account shall thereafter be opened by KodeKloud, in its sole discretion, for you on the Website (“User Account”).
3.2 Each User Account is personal, non-transferable, and may only be registered and used by one (1) single individual/entity. You may not access any third party’s account or authorize any third party to access your User Account and use the Services on your behalf. You acknowledge and agree that KodeKloud may, in its sole discretion, deny you access to its Website and/or Services for any reason or no reason at all.
3.3 Where a registered user is a legal entity, the natural person (you) registering the User Account on behalf of such legal entity warrants that you have the legal capacity and power to (i) act on behalf of and represent such legal entity, (ii) proceed with the registration of the legal entity and creation of its User Account on the Website, (iii) accept these Terms on its behalf, and (iv) make payment of the Online Course for and on behalf of such legal entity.
3.4 You agree to (i) provide true, accurate, current and complete information about yourself as prompted by KodeKloud’s registration process on the Website, and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times. If you provide any information to KodeKloud that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and deny you the ability to access and use the Services. You agree to hold KodeKloud harmless and bear full responsibility for all damages accrued by KodeKloud in the event of any violation of the obligations provided under this Section 3.4.
3.5 You may indicate, during the registration process, to KodeKloud your User Account’s username (which shall be your registered email address) and your choice of password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify KodeKloud immediately of any unauthorized use of your User Account or any other breach of security. KodeKloud shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by KodeKloud due to any third-party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (i) use the User Account of another user registered on the Website, and further acknowledge that User Accounts are for use by one user only, and (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website and when using the Services on the Website.
3.6 Deletion of User Account. Should you wish to delete your User Account, you may email KodeKloud at firstname.lastname@example.org with your request to delete your User Account. Following such request, KodeKloud will permanently delete your User Account, as well as any data contained in the User Account, within 30 calendar days from the submission of your deletion request. You acknowledge and agree that by submitting a request to delete your User Account, you will no longer be able to access the Online Courses. KodeKloud shall not be liable for any damages caused from such deletion of your User Account. The provisions of Section 15 (Suspension, Termination and Cancellation of Subscription Plan) shall also apply in case of the deletion of your User Account.
3.7 You acknowledge that your User account is for your personal or internal business use. As such, you agree to receiving certain marketing and promotional communications from KodeKloud, as it pertains to the Services we provide on the Website.
3.8 You shall not use your User Account to (i) resell any of the Services, and/or (ii) post any content on the E-Learning Platform which could be construed as an advertisement.
4. Subscription Plans, Fees, Payment Method and Taxes
4.1 Subscription Plan. KodeKloud offers you two (2) subscription plans on the Website that enables you to use the Services (“Subscription Plan(s)”). The Subscription Plans include restrictions and requirements that outline the features of the Subscription Plans that you will have access to as well as the applicable fee. The features of the Subscription Plans are further detailed on the Website.
4.2 Your use of the Services shall be billed on a recurring and periodic basis (“Billing Cycle”). Billing Cycles may be set on a monthly or yearly basis.
4.3 At the end of each Billing Cycle, your Subscription Plan will automatically renew, even if you do not use the Services, under the exact same conditions unless (i) you cancel the Subscription Plan from your User Account’s settings, or (ii) KodeKloud cancels the Subscription Plan, in accordance with these Terms.
4.4 You acknowledge that (i) monthly Subscription Plans will automatically renew each month on the same day as the commencement date of your selected Subscription Plan; and (ii) yearly Subscription Plans will automatically renew each year on the same day as the commencement date of your selected Subscription Plan. KodeKloud shall not be under any obligation to notify you of the renewal date(s) of your selected Subscription Plan.
4.5 Fees. A valid payment method, including credit card, debit card or PayPal account is required to process the payment for your selected paid Subscription Plan. KodeKloud will process your payment via one of KodeKloud’s third-party payment processors, namely Stripe, PayPal or PayTM. When you subscribe to a paid Subscription Plan, you shall provide KodeKloud with your full name, business name, address, contact information, and credit or debit card details. By submitting such payment information, you automatically authorize KodeKloud and our third-party payment processors to charge all Subscription Plan fees to your credit card, debit card or PayPal account on a recurring monthly/annual basis, until cancellation of the Subscription Plan or until termination/suspension of these Terms as further provided herein under Section 15 (Suspension, Termination and Cancellation of Subscription Plan), for (i) the applicable Subscription Plan fee, (ii) any other charges as agreed between the Parties, and (iii) any and all applicable taxes.
4.6 You shall be responsible for providing us with true, current, complete and accurate billing and contact information and for notifying us of any changes to such information.
4.7 You warrant that you are authorized to use your chosen credit card, debit card or PayPal account as a payment method.
4.8 You acknowledge and agree that the fees for your selected paid Subscription Plan shall be (i) quoted and payable in U.S. Dollars (USD); and (ii) payable on time.
4.9 If KodeKloud does not receive payment from your verified payment method on the due date, you shall immediately pay all amounts due to KodeKloud upon request. Should KodeKloud be unable to collect all such outstanding amounts, KodeKloud may in its sole discretion close and cancel your User Account and access to the Services without any notice to you.
4.10 KodeKloud may in its sole discretion and at any time, modify the Subscription Plan fees. However, KodeKloud maintains a locked pricing policy. As such, any modifications to the Subscription Plan fee (i) will not affect the fee you agreed to pay, on the commencement date of your selected Subscription Plan, to KodeKloud for the Services, and therefore (ii) shall remain unchanged for the duration of your Subscription Plan.
4.11 You agree to notify KodeKloud of any billing queries and errors within thirty (30) days after receipt of your invoice. Should you not notify KodeKloud of any billing queries and/or errors, such absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors at a later date.
4.12 KodeKloud does not guarantee that the Subscription Plans and Services offered on the Website will be offered indefinitely and reserves the right to change the Subscription Plan fees and Services, and to alter the features and options associated with any particular Subscription Plan or Services.
4.13 You acknowledge and agree that KodeKloud may, from time to time, add additional features or functionalities to the Services; as such your access to and use of any additional features and functionalities to the Services may require the payment of additional fees by you.
4.14 Taxes. Unless stated otherwise on the Website or under these Terms, all fees due for your use of and access to the Website, shall be exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, whether disputed or not, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction (“Taxes”). You shall be responsible for the payment of any and all Taxes (except for those based on KodeKloud’s income) associated with the subscribed Services on the Website. You hereby indemnify and hold KodeKloud harmless from the payment of any Taxes and costs associated with the collection or withholding thereof, including penalties and interest. If KodeKloud is under a legal obligation to pay or collect Taxes for which you are responsible under this Section 4.13, the applicable amount shall be invoiced to and paid by you unless you provide KodeKloud with a valid tax exemption certificate from the applicable taxing authority.
5. Refund Policy
KodeKloud may, in its sole discretion, provide you with a thirty (30) calendar day refund for the Services subscribed by you on the Website, provided that such refund request is made by you to KodeKloud within the first month of the commencement of your selected initial Subscription Plan. To request a refund, you must send an email to email@example.com. For the avoidance of doubt, if you are outside the thirty (30) calendar days refund window, you shall not be eligible for a refund under any circumstances.
You acknowledge and understand that your cancellation of your Subscription Plan shall not automatically guarantee a refund.
6. Acceptable Use of the Website and E-Learning Platform
6.1 You may not use the Website and E-Learning Platform to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon KodeKloud’s Intellectual Property Rights (as defined below) or upon any third-party’s intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to content (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) soliciting personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
6.2 When accessing the Website and E-Learning Platform, you shall be prohibited from:
(i) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website and E-Learning Platform;
(ii) taking any action that imposes an unreasonable or disproportionately large data load on the Website’s and E-Learning Platform’s infrastructure;
(iii) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website and/or E-Learning Platform without KodeKloud prior written consent;
(iv) accessing, tampering with, or use non-public areas of the Website and/or E-Learning Platform of KodeKloud’s computer systems and/or of its third-party providers’ technical delivery systems;
(v) probing, scanning, or testing the vulnerability of any of KodeKloud’s system or network or breach or circumvent any of KodeKloud’s security or authentication measures;
(vi) accessing, searching or attempting to access or search the Website and/or E-Learning Platform (by any means other than through KodeKloud’s currently available, published interfaces that are provided by KodeKloud, unless You has been specifically allowed to do so in a separate agreement with KodeKloud;
(vii) reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website and/or E-Learning Platform or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(viii) attempting to access any area of the Website and/or E-Learning Platform to which access is not authorized;
(ix) using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website and/or E-Learning Platform;
(x) conducting any systematic or automated data collection activities on or in relation to the Website and/or E-Learning Platform, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without KodeKloud’s prior written consent;
(xi) using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website and/or E-Learning Platform;
(xii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
(xiii) disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website and/or E-Learning Platform;
(xiv) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
(xv) intentionally or unintentionally violating any local, state, federal, national or international law, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;
(xvi) impersonating any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and/or
(xvii) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
7. No Provision of Professional Advice
7.1 The Services and any opinions, advice, statements or other information available on the Website, are provided for informational and educational purposes only. KodeKloud shall not be responsible and/or liable for (i) the accuracy, usefulness or availability of any information transmitted via the Website, E-Learning Platform and/or Services, and (ii) any business or personal decisions made by you which are based on any information made available to you on the Website, E-Learning Platform and/or Services.
7.2 KodeKloud is not a business consultant or advisor and as such has no intention of providing you with any legal, tax, financial, trading, business or investment advice. Your personal and business situation is unique, and as such, any information and advice obtained through the Services may not be appropriate or suitable for your specific situation. Accordingly, before making any decisions or implementing any business strategy, it is recommended that you consider obtaining additional information and advice from a professional business advisor who shall be privy to the details of your individual/specific business situation.
8. Monitoring of the Website, E-Learning Website and Services
You acknowledge and agree that KodeKloud may:
(ii) report your actions to law enforcement authorities and/or take legal action against any user who/which violates these Terms; or
(iii) manage the Website and E-Learning Platform in a manner which (a) protects our rights, (b) protects third parties’ rights and property, or (c) facilitates the proper functioning of the Website, E-Learning Platform and Services.
9. Intellectual Property
9.1 All content, the Online Courses, videos, trademarks, third-party logos and names, data, software, or information contained in any materials, or documents used by KodeKloud in relation to the Website, E-Learning Platform and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, quizzes, lab content, mock exams, blogs, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements (“Materials”), are the sole and exclusive property of or are licensed to KodeKloud and as such all updates and modifications to the Website, E-Learning Platform and Services will vest in us or our licensors. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without our prior written permission.
9.2 Any and all intellectual property rights in the Materials, Website, E-Learning Platform and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“KodeKloud’sIntellectual Property Right(s)”), vests solely and exclusively in KodeKloud, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by KodeKloud to you are reserved by KodeKloud. Save as expressly set out herein, you shall not acquire any right, title or interest in KodeKloud’s Intellectual Property Rights.
10. Disclaimer of Warranties
10.1 Unless otherwise provided under these Terms, the Services shall be provided by KodeKloud to you “as is,” and “as available” with all faults, defects, bugs, and errors.
10.2 KODEKLOUD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE AND E-LEARNING PLATFORM, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
10.3 KODEKLOUD AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, E-LEARNING PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, E-LEARNING PLATFORM AND SERVICES FOR ANY PURPOSE. KODEKLOUD AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, E-LEARNING PLATFORM AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10.4 YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, E-LEARNING PLATFORM AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
10.5 NEITHER KODEKLOUD NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, E-LEARNING PLATFORM AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
10.6 KODEKLOUD PROVIDES YOU WITH THE SERVICES ON THE WEBSITE AND E-LEARNING PLATFORM IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE, E-LEARNING PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) ANY DEFECTS ON THE WEBSITE, E-LEARNING PLATFORM AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10.7 THE INFORMATION FOUND ON THE WEBSITE, E-LEARNING PLATFORM AND WITHIN THE ONLINE COURSES ARE FOR INFORMATIONAL PURPOSES ONLY. KODEKLOUD WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE, E-LEARNING PLATFORM AND ONLINE COURSE IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD OR POSTED ANYWHERE ONLINE OR IN PRINT. KODEKLOUD RESERVES THE RIGHT TO TAKE THE NECESSARY LEGAL ACTION TO PREVENT YOU FROM (RE)-PUBLISHING, COPYING, SELLING, POSTING OR PRINTING ANY COPYRIGHTED INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE, E-LEARNING PLATFORM AND ONLINE COURSE.
10.8 KODEKLOUD DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE, E-LEARNING PLATFORM AND SERVICES. AS SUCH, KODEKLOUD WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE, E-LEARNING PLATFORM AND SERVICES.
11.1 You agree to indemnify and hold KodeKloud harmless from and against any liability, demand, damages, cost, or expense arising from any third-party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Services; (iii) your access and participation in the Services; and/or (iv) your infringement of any third party’s intellectual property rights. KodeKloud shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim against you and based on any Negligence of KodeKloud. “Negligence” shall mean gross negligence or intentional misconduct.
11.2 In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
12. Limitation of Liability
12.1 KODEKLOUD, ITS GROUP AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD-PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, E-LEARNING PLATFORM AND/OR FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF KODEKLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 WHILE KODEKLOUD TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, KODEKLOUD AND ITS GROUP AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE, E-LEARNING PLATFORM AND/OR THROUGH YOUR USE OF THE SERVICES.
12.3 YOU ACKNOWLEDGE THAT THE WEBSITE AND E-LEARNING PLATFORM IS FOR EDUCATIONAL PURPOSES ONLY, AND ANY MATERIAL OR INFORMATION CONTAINED IN THE SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSED ONLY.
12.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, KODEKLOUD (INCLUDING ITS GROUP AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE TOTAL AMOUNTS PAID BY YOU TO KODEKLOUD FOR THE SERVICES IN THE PREVIOUS THREE (3) MONTHS PRIOR TO THE DATE OF THE CLAIM.
13. Third-Party Links and Resources
The Website, E-Learning Platform and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that KodeKloud shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by KodeKloud of such websites or resources or the content, products, or services available from such websites or resources.
Your communications, interactions or business transactions/dealings with any third party found on or through the Website, E-Learning Platform and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that KodeKloud shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party found through (i) the Website, (ii) the E-Learning Platform, and/or (iii) your use of the Services.
15. Suspension, Termination and Cancellation of Subscription Plan
15.1 KodeKloud may suspend or temporarily disable access to all or part of the Website, E-Learning Platform, User Account, or Services if (i) KodeKloud suspects you of partaking in any illegal activity; (ii) KodeKloud reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested KodeKloud to suspend or temporarily disable your access to the Website, E-Learning Platform and/or Services.
15.2 If KodeKloud breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, KodeKloud may (i) block your access to all of the Website and E-Learning Platform, (ii) block your use of the Services, and (iii) disable your User Account, and (iv) delete all of your data in your User Account, including but not limited to your full name, address, contact information, email address and password.
15.3 Cancellation of Subscription Plan. Except as otherwise specified under these Terms, you may cancel your chosen Subscription Plan at any time prior to the end of the relevant Subscription Plan term under the account settings tab in your User Account. If your Subscription Plan is cancelled prior to the end of the current Billing Cycle, you acknowledge and agree that the prorated Subscription Plan fee for the remainder of the Billing Cycle, will not be refunded by KodeKloud to you. However, you will continue to have access to the Website, E-Learning Platform and Services for the remainder of your cancelled Subscription Plan’s Billing Cycle.
16. Governing Law and Jurisdiction
In the event of any disagreement between the Parties with respect to the interpretation and implementation of any aspect of these Terms, the Parties agree to discuss in good faith to reach an amicable resolution prior to starting any litigation/legal proceedings against each other.
These Terms shall be construed, governed and enforced in accordance with the laws of Singapore.
The Courts located within Singapore shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms. Both Parties hereby submit to the exclusive jurisdiction of said Courts for purposes of any such suit or proceeding and waive any claim that any such forum is an inconvenient forum.
17. General Provisions
17.1 Non-Exclusivity. These Terms do not create an exclusive relationship between the Parties. KodeKloud is free to engage with other clients and to provide the same or similar Services as provided by KodeKloud to you under these Terms. You shall be entitled to solicit and engage with other third-party entities/companies in order to obtain and access same or similar services and/or products.
17.2 Severability. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the remaining provisions of these Terms unenforceable or invalid, and, in such event, such remaining provisions shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s).
17.3 No Waiver. Save for Section 4.10 of these Terms, Each Party agrees that any delay or omission on the part of the other Party to exercise any right, power or remedy under these Terms will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and signed by the waiving Party. Further the waiver or the single or partial exercise of any right, power or remedy by either Party hereunder on one occasion will not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion.
17.4 No Assignment. Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, whether voluntarily or by operation of law, without the prior written consent of KodeKloud. Subject to the foregoing, these Terms will be binding upon and will insure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing shall be null and void.
17.5 Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to firstname.lastname@example.org.
17.6 Entire Agreement. These Terms represent the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
18. Contact Information
Should you have any questions concerning these Terms and/or any issues or concerns about the Website and/or Services you may contact KodeKloud at email@example.com.
KodeKloud provides an online learning proprietary platform called KodeKloud and located at https://kodekloud.com (“E-Learning Platform” or “Service”). The E-Learning Platform hosts a variety of self-paced and on-demand courses within the fields of Development Operations (DevOps) and Information Technology Administration for Learners (“Learners”).
1. Information we collect
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes your full name, addresses and date of birth,
Contact Data includes you and your company’s name, addresses and telephone numbers,
Transaction Data includes details about payments to and from you and other details of services you have purchased from us,
Technical Data includes internet protocol address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website,
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses,
Usage Data includes information about how you use our website and services,
Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences
When you sign-in via a third party (Google, Facebook, Linkedin), we do not store any of your passwords.
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you.
2. How we collect information
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your personal data by using our live chat, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our services;
create an account on our website;
subscribe to our service or publications;
request marketing to be sent to you; or
give us feedback or contact us.
Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
Third parties. We will receive personal data about you from various third parties as set out below:
Technical Data from analytics providers and search information providers.
Contact and Transaction Data from providers of technical, payment and delivery services.
3. How we use information
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for the following purposes:
Using our Learning Platform
We use account-related data provided by Learners in connection with the sign-up, use, or support of the Learner account (such as usernames, email address and billing information) to provide you with access to the Service, contact you regarding your use of the Service, or to notify you of important changes to the Service. Such use is necessary for the performance of the contract between you and us.
Provide Information; Respond to Requests
When you ask for information about the Service (for example, when you request a demo or ask us to send you offers or price information), we will use your contact information to respond to your request.
Sending Marketing Communications
Where required by applicable law (for example, if you are an EU data subject), we will only send you marketing information by email, or contact you by phone, if you consent to us doing so at the time you provide us with your Personal Data.
When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you. In addition, if at any time you do not wish to receive future marketing communications or wish to have your name deleted from our mailing or calling lists, please contact us at firstname.lastname@example.org.
Please note that if you opt-out from marketing communications, we may still contact you regarding issues related to our Service and to respond to your requests.
For our Legitimate Business Interests
We use data relating to your use of and interaction with the Service for certain legitimate business interests, which are the following:
to personalize and improve your access to and use of the Service (including to increase our Service’s functionality, product features, and user-friendliness);
to conduct analytics and report on industry trends on content usage and performance;
to meet our corporate and social responsibility objectives;
for internal business/technical operations, including troubleshooting, data analysis, testing, to prevent fraud or criminal activity, misuses of our products or services and ensure the security of our IT systems, architecture, and networks.
This use of your Personal Data is necessary for our legitimate interests in understanding how our services are being used by you and to improve your experience on it.
4. How we disclose information
We do not disclose or sell your information to third parties or other websites, except to those necessary to deliver services for us. These third parties are and their functions are listed below.
A. Employees, Service Providers, Business Partners, and Others
We will disclose your Personal Data to our employees as necessary to deliver the Service, and we may use certain third party companies and individuals to help us provide, support, analyse, and improve the Service (such as providers of data storage services, maintenance services, payment processing, database management, digital business services, providers of analytics services who help us understand how you use and interact with the Service, providers of digital advertising services, providers of CRM, marketing, and sales software solutions. These third parties may have access to your Personal Data for the purpose of performing these tasks on our behalf and pursuant to our instructions.
B. Compliance with Laws and Law Enforcement Requests
We may disclose to parties outside the data stored in your KodeKloud account and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation, or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of KodeKloud or its Learners; or (d) to protect KodeKloud’s property rights.
C. Business Transfers
5. How we delete your information
If you are a registered Learner, you may review, update or correct the Personal Data in your account. If you would like to delete your account, please contact us as indicated below. If your Personal Data has been shared outside of our Service by other Learners or any third parties and not directly by us, we cannot change or delete this Personal Data out of our control.
6. Section applicable to EU Data Subjects
This section applies solely to EU data subjects. For these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland.
KodeKloud is the data controller for processing of your Personal Data, but we act as a data processor for Personal Data that we process on behalf of our Learners.
Subject to applicable EU law, you have the following rights in relation to your Personal Data:
Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing or
If we are processing your Personal Data for direct marketing.
Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing of your data before we received notice that you wished to withdraw your consent.
Right to lodge a complaint with the data protection authority: You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
You may exercise your rights by contacting us as indicated under “Contacting Us” section below.
The security of your information is important to us. We follow generally accepted standards to protect the Personal Data submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.
7. Your California privacy rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information, contact us specifying that you want a “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.
Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.