Terms of Use

Your purchase, access and use of the Courses (as defined below) offered by us shall be governed by these Terms of Use (hereinafter the “Terms”) which shall be in addition to the Terms of Use made available to you at www.samaaudit.com (hereinafter the “Website”) and all other applicable terms and conditions. The Courses offered on the Website, platform www.samalearningcentre.com also known as Learning Management System (hereinafter the “LMS”), are owned and offered by Sama Audit Systems & Softwares Pvt. Ltd. (hereinafter referred to as “Sama, we, our, us” etc.).

For the purposes of these Terms the terms ‘you’, and ‘your’ shall mean any person who has registered for a Course on the Website or a person who has identified themselves by providing details requested on the Website or a representative of a legal person registered for a course.

By accepting these Terms, or by accessing, viewing or using the Courses offered on the Website, you agree to be bound by these Terms and these constitute binding legal obligations owed you to us and us to you. We may modify these Terms at any time by posting the revised Terms on the Website and /or LMS and you agree that it shall be your responsibility to ascertain the changes to these Terms by visiting the respective pages from time to time. Any modified terms and conditions, except for change in pricing, shall be applicable to your use or access of the Course without need for any further consent.  If you do not agree to these Terms, you should not register, view or otherwise seek to obtain access to the Courses offered on this Website.

By accepting these Terms, you have also implied acceptance of the Website Terms & Conditions, our Privacy Policy and all other related user or information security guidelines we issue on the Website from time to time. Except as otherwise stated herein, any change to these Terms is effective immediately. Any use of the Website after changes have been made to the Terms shall be deemed acceptance of those changed terms and/or conditions.

1. Courses

A Course under these Terms mean the courses categorized as free, beginners, advanced, domain, upcoming, short video courses etc. together with any and all associated materials made available by us on our Website to our registered users.

Course materials include written and orally presented materials associated with a particular Course and which is provided by us in the course of the delivery of such Course. Course materials may be (i) downloaded from the Website or (ii) accessed and viewed on the Website; or (iii) additional study materials; or (iv) a combination of (i) and (ii) and (iii)). The Course materials provided may have URL links to other sources. These links are provided solely for your reference. The materials at these links are not our materials and we are not responsible for such materials. We do not endorse the contents nor in any manner represent the accuracy or correctness of information on such third-party websites or links.

We are not liable to provide you with any additional materials or tuition which in excess of the material set out in (A) the Course description on the Website; and (B) any additional documentation provided by us which relates to the Course and is not marketing materials.

Your access to the Course shall commence once you receive a confirmatory email from us following the payment of the applicable Course fees (“Fees”). This notification shall include the details of the duration for which you will have access to the Course.

Please note that it is your responsibility to check that the computer, mobile or any such device you plan to use to access your Course materials and the Course is compatible with the minimum specification requirement that relates to the Course you are ordering. You may view the minimum specification for each course on our Website. You acknowledge and accept that we cannot be held responsible for any technical problems you may encounter following the purchase of a Course. You may incur charges to your internet service provider while you are attending the Course or accessing and/or downloading the Course materials. Charges may also be payable to third parties for use of the software necessary to access and / or download the Course materials. You are responsible for the payment of all such charges.

2. Permitted Use

1. You agree that you will use and access the Courses offered only to educate and train yourself on the subject matter contained therein, always acting strictly in accordance with these Terms and all other applicable agreements that you have entered into with us.
2. You will use and access the available Courses only in accordance with all applicable laws and regulations.

3. Prohibited Use

Your use and access of the Courses its content and features is subject to you agreeing, undertaking and covenanting not to:

1. upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
2. upload, transmit or publish any viruses, malware or other software whose primary purpose is to corrupt, interrupt, limit, destroy or otherwise adversely impact the provision and use of the Courses, our computer systems, or the computer systems of other users or third-party systems;
3. upload transmit or publish anything to which you do not have the rights or any material which infringes the intellectual property rights (in whatever form) of any third party;
4. use, access or permit access to any Course in any manner which is not permitted under these Terms or in any manner which is illegal or unethical;
5. access the Course in any unauthorized manner, including by hacking or using log in credentials of any other user;
6. use the Course for any unauthorized marketing purposes or for sending any unsolicited materials;
   
   

Save as expressly set out in these Terms, you shall not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Course Materials.

You shall not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Course Materials or create derivative works based on the whole of or any part, or which incorporate, the Course Materials into any software program or training materials.

The receipt of a Course is personal to you and you are strictly prohibited from transferring your rights to access or learn from the Course or provide access to the Course to any other person. Please ensure that you keep your login-in credentials to the Website and the Course(s) confidential and not share such information with any third party whatsoever.

Use of the Course Materials that is not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of our rights over the same. If any of your actions are flagged as inappropriate, we reserve the right to review such actions or content to determine, in our sole and absolute discretion, whether it violates these Terms. We may at any time suspend your access to the Course and our computing systems if we reasonably apprehend that you are violating the terms of this and other applicable agreements that you have entered into with us. If we remove or disable your account and/or access to the Course, you may assume that such removal or disablement was purposeful on our part. We may additionally refuse to let you re-register on and/or use the features and functionalities of the Course at our sole option. You will not be entitled to any refund whatsoever of fees paid if your use of the Course is terminated as stated herein.

4. Intellectual Property Rights

You understand, acknowledge and agree that:

1. the contents of the Course including but not limited to the course material, information, logos, designs, pictures, icons, is our sole property or that of our licensors. All intellectual property in and to the Courses and its contents and functionalities shall vest solely with us or our licensors.
2. Save for the limited right to access and use the Course in accordance with these Terms and other applicable agreements, on a non-exclusive and non-transferable basis, no other rights whatsoever are granted to you in the Course or in any of its contents and functionalities or in any of the underlying combination of software and hardware that is used to deliver the Course.
3. You have no right to and shall not make any copies of the whole or part of the Courses offered or any of the contents therein.
4. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Course or the Website.
5. You may not create a link to this Website from another website or document without our prior written consent.
   
   

If you are found to be in violation of this clause we reserve the right to terminate your access to the Course immediately.

5. Payment of Fees

The Course fee for any Course at any given time will be displayed on the Website and/or will be notified to you by our customer services representative. Course fees are quoted in Indian Rupees and/or US Dollars as applicable and may include fees for the Course materials, technical and faculty support as well as all taxes as may be mentioned in the Website.

If you purchase a Course from our Website:

• The Course fee including taxes, if applicable, will be shown prior to completion of the online transaction;
• The Course fee shall be debited from your credit card or debit card on or after the day you place an order for a Course. Credit or debit card details are collected over a secure link through EBS and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Course fee in cleared funds by us and will be subject to acceptance of your offer to purchase a Course by us.
  
  

An email confirmation, along with a payment receipt will be sent to you on your registered email address once your payment has been received.

The provision of the Course is contingent upon us having received cleared funds from you in respect of the fee for the relevant Course. Without prejudice to our rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Course fee yourself or within one (1) month from the date of the invoice if you are the representative of a legal person which is nominating employees to attend the Course, we reserve the right to suspend your access to and use of (or your employees access to and use of) of the relevant Course in our sole and absolute discretion.

We reserve the right from time to time to change the Course fees. In the unlikely event that due to an error, the Course fee displayed on the Website or in a brochure is incorrect, or the Course fee has been changed on the Website and not on the brochure, we will notify you as soon as we reasonably can. If the correct amount of the Course fee is higher than the amount displayed on the Website and/or in the brochure, then we will contact you to notify you of the correct Course fee and give you the opportunity to decide whether or not you wish to continue with your order of the Course at such increased fee. If you decide you want to cancel your order, we will give you a full refund in respect of any amount you have already paid. If the correct Course fee is lower, we will only refund you the difference between the amount which you have paid and the correct fee payable.

6. Privacy

You understand that by using the Website and accessing the Courses offered by us, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with these Terms and the Website Terms & Conditions. You further consent and agree that we may collect, use, transmit, process and maintain information related to your registered account for the purposes of providing you with access to the Course, and any features therein, to you. Information collected by us may also include technical, statistical, or diagnostic information related to or resulting from your use that may be used by us to support, improve and enhance our Courses and services.

Personal Information Corrections
You can contact us if you notice that the information we are holding is incorrect or incomplete. Please send us an email at elearningsales@samaaudit.com

7. Technical Support

We will provide technical and content support to you if you have purchased a Course as set out below:

1. If you report a fault to us, we will use reasonable endeavors to provide a solution but we do not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from us then we will not assume responsibility for any problem if you do not ensure that such advice is strictly followed.
2. We are not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website but we may elect to offer technical support at our sole discretion.
3. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
4. We will use reasonable endeavors to ensure that the Course shall be made available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.
5. We reserve the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
6. Compatibility: For LMS access on desktop or laptops, we recommend the current and first previous major releases of the following browsers. Moodle LMS is compatible with any standard compliant web browser. It supports
   • Chrome
   • Firefox
   • Safari
   • Edge
     
     

Moodle LMS does not support Internet Explorer.

For mobile-  MobileSafari, Google Chrome are the best. For the best experience, we recommend that you keep browser up to date.

8. Disclaimers

1. You agree and understand that the contents and Courses on the Website are available on an “as is”
   1. The operation of the internet and the World Wide Web, including but not limited to viruses;
   2. Any firewall restrictions that have been placed on your network or the computer you are using to access the Course;
   3. Failures of telecommunications links and equipment; or updated browser issues.

2. The online Courses offered on the Website are for training and instructional purposes only. We do not accept any responsibility to any party for the use of the Course Materials for any purpose other than for training or instructional purposes, including but not limited to the application, by you, of any knowledge you gain by attending the Course or the giving of advice by you to any third party based wholly or partly on the knowledge gained by you while attending the Course.
3. We reserve the right to change, modify or replace the Course material at any time without providing any notice to you unless you are enrolled in and undergoing instruction in a Course contemporaneously with our change, in which case you will be provided with access to the revised materials to the extent necessary for you to properly complete the Course.
   4. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Courses and materials found or offered on this Website for any particular purpose. We shall make every reasonable attempt to ensure that Course materials and instruction are accurate but you acknowledge that the Courses and materials may contain inaccuracies or errors. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
   5. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
   6. We do not represent in any manner that the Course will be available at all times and will operate error free or that there will be uninterrupted access and service.
   7. You also accept and acknowledge that we cannot be held responsible for any delay or disruptions to your access of the Course as a result of such suspension or on account of Force Majeure or activation of the Termination procedures.

9. Limitation of Liability

Our aggregate liability to you, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms, your access and use of the Courses and its contents and functionalities shall not in any circumstances exceed the fee you have paid for the Course.  In no event shall we be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not we have been advised of the possibility of such damages.

10. Indemnities

You agree to indemnify and hold harmless, us, our officers, employees and agents, against any claims, losses, damages or costs arising from (i) your use and access of the Course and its contents; or (ii) your breach of these Terms; or (iii) any acts or omission of yours in relation to the Course and its use thereof.

11. Term and Termination

These Terms shall come into effect on the day you enrol for the Course and shall continue for the duration of the Course.

We reserve the right to terminate your access to the Course at any time, in its sole discretion for a breach of these Terms and in case of inappropriate conduct. You acknowledge that we have a zero tolerance policy in relation to the inappropriate behavior of students. In particular abusive or violent behavior directed at our staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. We may, at our reasonable discretion and without liability or an obligation to refund the fees paid, refuse to supply any Course to any student found guilty of such behavior.  You acknowledge our right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

12. Miscellaneous

Force Majeure: in no event shall we be liable for any acts beyond our control or for any acts of god.

Access: We do not make any claim that the Website and the Courses may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with laws applicable to you.

Waiver: No waiver of any provision of these Terms shall be binding unless executed and notified by us in writing to you.  No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.

Entire Agreement: These Terms together with the Website Terms and Conditions and Privacy Policy constitute the entire agreement between us and you for the use of the Website and the Courses provided by us.

Severability: If any provision of these Terms is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms, which shall remain in full force and effect.

Governing Law: these Terms are governed by the laws of India. The competent courts at Mumbai, India shall have exclusive jurisdiction over any claims or matters arising out of these Terms or in relation to any matter related to operation of the Website or the Courses offered.