Terms

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING OR DOWNLOADING ANY MATERIALS FROM www.simianelearning.com

This website is owned and managed by Interscaff For Security Training LLC.

How to contact us: You can contact us by telephoning our customer service team at 00971 (0) 2 6588755 or by writing to us at help@simianelearning.com or Office M2, Suweidi & Yousef Building, Shaikh Rashid Bin Saeed Road, PO Box 114547, Abu Dhabi, UAE.

How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.

  1. Definitions

    • Account: Your account for using the Site consisting of a unique user-name and password.
    • Content: the contents of the Site and all elements of the Modules including but not limited to Module Materials.
    • Modules: the online training courses made available by Simian to You as set out in these terms and conditions.
    • Module Materials: any documentation, articles, web pages, exam papers, online modules or materials provided as part of a Module.
    • Customer / You: the person who uses the Site or whose Order is accepted by Simian.
    • Fee: the fee payable by the Customer for each Module as set out on the Site and in these terms and conditions.
    • Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
    • Order: an order placed by the Customer through the Site for the purchase of a Module.
    • Site: the web site www.simianelearning.com from which the Customer can access the Module.
    • Simian: Simian Skill FZ-LLC incorporated and registered in Dubai Technology and Media Free Zone Authority with commercial licence number 91503 whose registered office is at Executive Village No. 28, Floor 3, Block No. 18, Dubai Knowledge Village, Dubai, UAE.
  2. Orders

    1. By registering to create or by placing an Order, You shall be deemed to have read, understood and agreed to be bound by these terms and conditions and that Your use of the Site and access to Content will be on these terms and conditions alone.
    2. Simian is under no obligation to accept any Order. Acceptance of an Order shall take place only when Simian confirms acceptance by email, at which point a contract shall come into existence between You and Simian in relation to that Order, which is subject to these terms and conditions.
    3. Simian shall make the Content of a Module available to You upon acceptance of the Order for that Module.
    4. Your access to Module Content shall continue for the period set out in the acceptance of Your Order or as set out in clause 3.4 or clause 9.1. Simian may update or replace Modules in which case Simian will advise You in writing if Your access to Module Content may be extended or if You may instead access an updated or replacement Module.
  3. Payment and Refunds

    1. Payment of the Fee shall be made upon submission of an Order and Simian shall only grant access to a Module once payment has been made.
    2. The Consumer Contracts Regulations 2013 give You the right to change your mind within 14 days of online purchases and claim a refund. This right does not apply to a Fee paid for a Module where You have started to access, stream or download any Content for that Module during the 14 day period.
    3. You agree and acknowledge that Simian will start to deliver digital Content to You immediately upon accepting Your order.
    4. If You have not received or accessed any Content for the Module You purchased and wish to cancel Your Order and claim a refund for that Module then, within 14 days of the date after the day Simian emails You to confirm Your purchase of a Module, You must email Simian Customer Services at help@simianelearning.com with full details of Your Account and Order, and a statement that You wish to cancel Your Order and claim a refund.
    5. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
    6. The cardholder must retain a copy of transaction records and our policies and rules.
  4. Your legal rights

    1. The Consumer Rights Act 2015 says that digital content must be as described, fit for purpose and of satisfactory quality.
    2. If your digital content is faulty, You are entitled to repaired or replaced digital content.
    3. If the fault cannot be fixed, or has not been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back.
    4. If You can show the fault has damaged Your device and Simian has not used reasonable care and skill, You may be entitled to a repair or compensation.
    5. If You believe that the digital content is faulty please contact us by emailing pkaur@simian-skill.com or by calling 00971 4 369 5067
  5. Simian’s right to make changes

    1. Simian may update or require You to update the digital content of Modules and Module Materials from time to time.
    2. Simian may change and update Modules and Module Materials:
      1. to reflect changes in relevant laws and regulatory requirements;
      2. to implement technical adjustments and improvements; or
      3. as set out in clause 2.4.
    3. Simian may from time to time change these terms and conditions and will give You notice of any changes by email.
  6. Intellectual Property Rights

    1. You acknowledge that all Intellectual Property Rights in and in connection with the Content are owned by Simian, and You may not copy, distribute, download, upload, forward, publish, modify or use the Content except as set out in clause 6.2.
    2. Upon You paying a Fee for a Module, Simian shall provide to You a personal, non-exclusive, non-transferable licence to access the Content of that Module, for the purpose of You undertaking the Module. That licence will automatically terminate if Your access to a Module expires as set out in clause 2.4, or if the contract between You and Simian is cancelled as set out in clause 3.4 or terminated under clause 9.1.
  7. Access and Content

    1. Simian cannot guarantee that access to Content will be uninterrupted. Simian will use reasonable endeavours to ensure that access to Content is uninterrupted and available at all times except for:
      1. planned downtime and maintenance, of which Simian will inform You as soon as possible; or
      2. any unavailability caused by circumstances beyond Simian’s reasonable control.
      3. Simian does not warrant that the Content will meet any standards or requirements other than those expressly referred to in the description of each Module.
  8. Your use of the Site

    1. You may only use the Site for lawful purposes. You may not use the Site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of the Content; and
      2. not to access without authority, interfere with, damage or disrupt any part of the Content, or any equipment or network on which the Content is used.
    3. Simian may from time to time provide interactive services on the Site, including, without limitation, chat rooms and bulletin boards (interactive services).
    4. Simian will use reasonable endeavours to assess any possible risks for users of interactive services, but is under no obligation to oversee, monitor or moderate any interactive service, and expressly excludes liability for any loss or damage arising from the use of any interactive services.
    5. The use of interactive services by a minor is subject to the consent of their parent or guardian.
    6. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
  9. Termination

    1. Simian may by written notice to You withdraw Your access to a Module and suspend Your Account if it has reasonable belief that You have materially breached these terms and conditions or in the case of any breach of clauses 6.1, 8.1 or 8.2.
    2. If You cannot access the Content because Your device does not meet the system requirements stated on the Site then Simian will only process a refund in the case of cancellation within 14 days as set out in clause 3.4.
  10. Limitation of Liability

    1. Save for any limitation of liabilities that may not be excluded by law, Simian shall have no liability to You, whether in contract, tort, for breach of statutory duty or otherwise arising under or in connection with these terms and conditions or Your use of Content for loss of profits, loss of damage to goodwill, loss of use or corruption of software, data or information or any indirect or consequential loss.
    2. Simian’s total liability arising from any claim by You, of whatsoever nature, shall be limited to the equivalent of the Fees paid by You in the 12 months preceding any such claim.
  11. How Simian will use Your personal information

    1. Simian will use the personal information You provide:
      1. to supply the Module and Module Materials to You;
      2. to process Your payment of the Fee; and
      3. if You agreed to this during the order process, to give You information about other Modules and products made available by Simian and/or any third parties, but You may stop receiving this at any time by contacting Simian by email to pkaur@simian-skill.com or by calling 00971 4 369 5067.
    2. The personal data Simian collects from You will be transferred to, and stored at, a destination outside the European Economic Area (EEA). It will also be processed by staff operating outside the EEA. These staff may be engaged in the fulfilment of Orders, processing of payment details and the provision of support services. By submitting personal data, You agree to this transfer, storing and/or processing. Simian will take all steps reasonably necessary to ensure that personal data is treated securely and in accordance with this clause 11.
  12. Notices

    1. Any notice given under these terms and conditions shall be in writing and shall be deemed to have been received (a) if delivered by hand on the date of delivery; (b) if sent by pre-paid airmail providing proof of postage or other next working day delivery service at 9.00 a.m. on the fifth working day after posting or at the time recorded by the delivery service; or (c) if sent by email, at 9.00 a.m. on the next day after transmission.
  13. Governing law and jurisdiction

    1. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
    2. United Arab of Emirates is our country of domicile.
  14. Payments / Refunds

    • We accept payments online using Visa and MasterCard credit/debit card in USD
    • www.simianelearning.com does not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
    • Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.
    • Refunds will be done only through the Original Mode of Payment.

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