Terms And Conditions
Software, Materials, Solutions, Services and other related information are collectively referred to as “Content.”
“You” or “you”
“You” means you individually, any person, including any employer that you are acting on behalf of.
” Learning Brothers”
Trademark “Learning Brothers” is used by learningbrothers.com, pursuant to license. All references to Learning Brothers refer to learningbrothers.com.
” Learning Brothers Certified expert(s)”
“Learning Brothers Certified expert(s) means” experts and specialists certified by Learning Brothers to perform the Services under this Agreement.
“Subscription Based Plans”
“Subscription Based Plans” or “Subscription(s)” are tenured Subscription plans offered by Learning Brothers that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
“Services” AND ” Learning Brothers Portal”
“Materials” means any webcasts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Learning Brothers Portal are the proprietary and copyrighted work of Learning Brothers and/or its suppliers. The definition of “Materials” doesn’t include the design or layout of the learningbrothers.com web site or any other Learning Brothers owned, operated, licensed or controlled website.
“Software” means a computer program of any kind, whether owned by Learning Brothers or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Learning Brothers Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the Learning Brothers Portal or by calling Learning Brothers. Once Learning Brothers accepts the Plan Order submitted by you, then you will receive an email from Learning Brothers at the email address that you provide or have provided to Learning Brothers as part of the Registration Process for the Services. Learning Brothers is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Learning Brothers of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Learning Brothers will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Learning Brothers will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances. You understand that there will be no liability for Learning Brothers. All undertakings under Service Plans are subject to Learning Brothers’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Learning Brothers has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You understand that certain Service Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the order. For payments under the Recurring Payment Plan, apart from the monthly instalments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation / Setup Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan may be for a term of one, two, or three years (“Term Plan”). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Learning Brothers services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the Learning Brothers services you were required to purchase to receive the special rate as notified to Learning Brothers; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing.
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Learning Brothers to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Learning Brothers and/or any other company who bills products or services, or acts as billing agent for Learning Brothers to continue, to attempt, to charge, and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Learning Brothers with updated credit card information upon Learning Brothers’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Learning Brothers nor any Learning Brothers affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Learning Brothers’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You (“Auto Renewal”). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan. Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with Learning Brothers. If you would like to opt out of the Auto Renewal, please call us and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service.
For subscription based plans, a full refund will be issued if Learning Brothers hasn’t been able to meet a single requirement for you within the first 15 days of the subscription.
If there are one or more resolved requirements, the fees for the Subscription Service will not be refundable. Notwithstanding this Learning Brothers may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.
You will be eligible for refund when any of the following criteria are met:
1. You have all the prerequisites which were required to resolve the requirements and requirements was not resolved till the time account was active.
2. The requirement is out of scope for the particular plan.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Each Subscriber’s use of the services are subject to Learning Brothers “fair use” policy. Under this policy, if at any time, in Learning Brothers sole discretion, a user is found to be abusing the service by exceeding the level of use reasonably expected for use, than Learning Brothers reserves the right to suspend or terminate Subscriber’s Subscription / Services. In addition, Learning Brothers reserves the right to suspend or terminate any Subscription / Services of any Subscriber that Learning Brothers, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Learning Brothers; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the Learning Brothers Portal, nor any Materials or Software posted therein.
In connection with obtaining services, you agree that you will:
1. Cooperate with the Learning Brothers support executive: We’ll use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the support executive. Please listen carefully to the executive and follow the instructions. You must confirm that the following conditions are true:
1. The situation giving rise to the question is, reproducible;
2. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
3. The full system, including software and hardware, is available to you and accessible by you without limit during any discussions with Learning Brothers support executive.
2. Software/Data Backup: You understand and agree that Learning Brothers shall under no circumstance be responsible for any lost or corrupted software or data. Learning Brothers strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJOR CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Learning Brothers’s reasonable control (e.g., a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Learning Brothers’s ability to schedule a support session. You hereby release Learning Brothers from any and all liability and agree that Learning Brothers shan’t be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
Learning Brothers or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES”
“Services” shan’t include the following:
1. Any item or activity not covered by the terms of a Plan Order;
2. Service beyond the duration limitations identified in your Plan Order;
3. Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result from:
1. External causes such as accident, abuse, misuse, or problems with electrical power;
2. Usage that is not in accordance with product instructions provided by manufacture;
3. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
4. Problems caused by using accessories, parts, or components not compatible with the product.
5. Non Compliance with the Learning Brothers support instructions for resolving the query.
THIRD PARTY PRODUCTS
As part of the Services, Learning Brothers may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Learning Brothers assists you in the acquisition, installation, and/or use of Third Party Software. Learning Brothers has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
To the extent that we provide assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, Learning Brothers may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to support, portal, training, music, gaming and storage services that Learning Brothers may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Learning Brothers’s sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
Learning Brothers disclaims all warranties express or implied as to the services, the materials and the software whether in the nature of merchantability or fitness for a particular purpose, or otherwise. In the event that you’re not satisfied with the services, your sole remedy is to (a) allow Learning Brothers to re-perform the services subject to dispute, (b) redownload and reinstall the software.
Some of the Learning Brothers service plans come with a 7-day limited service warranty as provided in online documentation for those specific plans. This 7-day limited service warranty is subject to fulfillment of the terms for the specific service plan which is in addition to the terms and conditions in this document.
Learning Brothers and/or its respective suppliers make no representations about the suitability of the information contained in the services, materials or the software for any purpose whatsoever. All materials and software are provided “as is” without warranty of any kind whatsoever. Learning Brothers and/or its respective suppliers hereby disclaim all warranties of any kind whether express or implied with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
The materials could include inaccuracies or typographical errors. Changes are periodically added to the information herein. Learning Brothers and/or its respective suppliers may make improvements and/or changes in the materials and/or the software described herein at any time.
In no event shall Learning Brothers and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data revenue or profits, whether in an action of contract, negligence or other tortious action, incurred by you or any third party, whether arising out of or in connection with the use or performance of services, materials or software, failure to provide the same, or information available in the materials.
The Learning Brothers Portal is available internationally and may contain references to Learning Brothers products, services, and programs that are not available in a viewer’s country. These references do not imply that Learning Brothers intends to make such products, services, or programs available in such country.
Learning Brothers reserves the right to amend the Terms and Condition, and the Learning Brothers Portal at any time by (a) posting a revised version of the Terms and Conditions on the Learning Brothers Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Learning Brothers in connection with registration. You are responsible for regularly reviewing the Learning Brothers website to be notified of any amendments to the Terms and Conditions. Your use of the Learning Brothers Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.