The Licensee provides express consent and enters into this agreement or is bound by or is a party being the subject matter of this End User License Agreement hereby referred to as "EULA", with Whizlabs, either upon clicking the "I accept" or "I agree" or by using Services provided by Whizlabs
For the purpose of this EULA:
This EULA with Whizlabs helps in governing all the uses of Services provided by Whizlabs hereinafter referred to as "Services", by the User. The User accepts this EULA as a binding agreement by accessing or using the Services that you have registered or enrolled for. The User accepts the following by using the Services:
The User shall not use the Services if the User does not agree with the EULA or if not covered under the definition of "User"
1.1. Whizlabs has all rights associated with the ownership or license of this website and the associated applications, services, content, and technology (referred to as "Services").
1.2. Whizlabs may deliver Services through the Internet on mobile or web app or browser and may include enrolment (hereinafter referred to as "Enrolment") in one or multiple online courses (referred to as "Course(s)"), offered through the Services for individual use or their use with respect to classes and programs provided by the User's organization or employer (referred to as "Institution").
1.3. User may continue using the User Account (covered in the "Authorized User of Services" sections below) for access to Services for an unlimited period of time and enrol in their desired Courses during such time. However, the access of User to particular Courses offered through the Services follows a subscription-model focused on a limited time period/ unlimited, as the case may be (with each referred hereby as "Subscription").
1.4. The Services may be offered directly by Whizlabs or the User may access the Services through third-party integration with accounts under management of User's Institution or integrated third-party service provider (hereinafter referred to as "Third-Party Service").
1.5. The Services could have link to or offer options to access third-party applications or websites.
2.1. Authorized User in this EULA refers to individuals such as administrators, students, and Institution representatives, with reasonably lawful access to Services directly on Whizlabs website(s) or the Third-Party Service or the Institution and includes User who has subscribed to one or more Courses of Whizlabs.
2.2. Every User must create a User account (referred hereby as "User Account") by registration and providing details such as first name, last name and valid email address (with requirement of Institution and Course name or applicable voucher/ redemption code for Enrolments) and assigning a secret/ unique username and password (referred hereby as "Account Credentials"), alongside providing any additional information required by the User's Institution, in order to start accessing the Services.
2.3. Additional terms or specifications for account access are applicable in situations when an Institution sets up the User Account or when accessed directly from Integrated Third-Party Service, including enterprise resource planning systems and learning management system, as applicable.
2.4. Whizlabs always has the right of authenticating the User's Account Credentials for account verification before offering access to Services and without limitation, every time the User accesses the Services.
2.5. User shall have only one particular active User Account at any specific instance, including access from one or more devices.
2.6. User expressly agrees to ensure accuracy and truth in the information provided for creating User Account and ensuring prompt updates regarding changes in the information contained therein.
2.7. User should be at least above the age of 18 for accessing or registering for the Services. User under the age of majority in their respective jurisdiction cannot register for or use the Services without prior permission of their parent or guardian.
2.8. User understands and acknowledge that the administrators in their Institution and/ or Third-Party Service have access rights to their User Account. User also understands and acknowledges that the administrators associated with their User Account, if any could carry out actions including but not limited to suspension, termination, and modification of their User Account and/or their access to the Services for any reason at any given time.
3.1. The User Account is mandated to operate for non-commercial use only. User does not allow the right to permit other users or use the Services through their User Account, unless Whizlabs offers a standard mechanism for a similar application. User shall be responsible for all the use of Services related to their User Account, irrespective of the use and mode of access including without limitation, through an Institution or Third-Party Service.
3.2. User shall not use the User Account for any commercial purposes including direct or indirect applications, which may or may not result in reducing potential fees for Whizlabs or other related considerations involved. In the event of unauthorized commercial use pertaining to the User Account, Whizlabs reserves the right to undertake suitable measures that include immediate suspension of User Account and/ or legal suits/ claims for infringement or damages, among others.
3.3. Permissible uses of Services by Authorized User of a User Account through Institutions (as outlined in the Section 2 of this EULA) do not tantamount to a violation of Section 3.2 above.
3.4. User shall safeguard the confidentiality of the User Account Credentials by specifically agreeing to refrain from using any other User Account Credentials other than theirs or disclosing such User Account Credentials to a third party or service, other than the authorized Third-Party Service, in order to protect the security of their Account Credentials and Services.
3.5. User agrees to take reasonable steps for safeguarding the secrecy of the Account Credentials alongside providing immediate notifications to Whizlabs on [email protected], pertaining to any disclosure, known or suspected loss or theft of their Account Credentials, and/or unauthorised access codes that User is in receipt of, in relation to the Services.
4.1. Whizlabs Software Private Limited and/or Whizlabs Education Inc, wherever applicable, along with its affiliates and/ or licensors shall have exclusive ownership of the website, Course materials and associated content offered through the Services (collectively referred to as "Materials") as well as supporting software, systems, and applications (collectively referred to as "Applications"). The Materials and Applications are under the safeguards of international copyright laws and various intellectual property laws in US, India, and many other countries. Whizlabs also reserves the rights that are not expressly granted herein.
4.2. Any action of reproducing, modifying, adapting, redistributing, or publishing the Materials or Applications, either completely or in parts, without the express consent of Whizlabs and/ or its registered licensors in written form, unless otherwise specified in this EULA, is strictly prohibited. The Services may allow User to copy or download specific Materials which qualify as and are to be used for ‘permitted education uses’ in the scope of relevant intellectual property right laws, while also complying with the applicable restrictions therein.
4.3. Whizlabs or its licensors have exclusive ownership of the trademarks, trade names and service marks (referred hereby as "Marks"). Any marks appearing in the Services without the ownership of Whizlabs are considered as property of respective owners. Marks belonging to third parties are not owned by Whizlabs.
4.4. User expressly agrees to refrain from misusing or damaging the Marks related to the Services or using the Marks, or somewhat similar marks, for misrepresenting ownership of the Marks or confusing the public regarding the origin or source of any products or Services of Whizlabs
4.5. User shall avoid the use of any Marks without the express written consent of respective owner of the Marks, through proper notice alongside attributing the trademark rights of the owners, or the use of Marks according to the suitable usage guidelines offered by the respective owner of a Mark. Any such permitted use of the Marks by the User shall be to the benefit of the respective Mark owner(s).
5.2. User shall be the responsible to procure/ maintain necessary hardware, internet browser, operating system with such technical specifications required for proper use and access to the Services.
5.3. Whizlabs reserves all the rights that are not granted herein.
5.4. User acknowledges and understands that the license provided in accordance with this EULA does not offer title or ownership of the Services or Materials included herein. On the contrary, User acknowledges that there is merely a right of limited use, pursuant to the terms and conditions of this EULA.
In the cases where the User may seek to display, use, reproduce, reformat, print or download Materials for educational purposes being with non-commercial in nature, if so provided in the Services under the categories of "fair use", "fair dealing" or related equivalents under the applicable copyright and intellectual property laws, the User shall intimate Whizlabs for such uses of the Materials.
7.1. Actions including using, modifying, adapting, reformatting, downloading, uploading, posting, reproducing, broadcasting, publishing, displaying, performing, transferring, recording, sharing, taking screenshots or redistributing any Materials in any type of format, media or form or through any other means without the prior express written consent of Whizlabs and/or the related licensors is strictly prohibited, except in the cases where the User has an express permission to do so in accordance with this EULA.
7.2. User acknowledges that dissemination of any type of assessment questions or answers in the Materials or Course(s) may impose materially negative effects on the value of Services and is hereby strictly forbidden. Without any changes in this restriction, User also acknowledges that adoption of "Prohibited Uses" as follows, does not qualify as "fair use" and are hereby expressly forbidden in accordance with the terms of this EULA in the event of lack of written permission. User further acknowledges that either of the following "Prohibited Uses" qualifies as a material breach of the terms outlined in this EULA, liable to action by Whizlabs:
8.1. User is expressly restricted from any conduct that could result in,
8.2. User represents and agrees to refrain from using the Services in violation of this EULA, applicable local, state, national or international legal laws, regulations, rules precedents and/or the organisational/ academic rules and policies of the User's Institution.
8.3. User agrees to refrain from using Services in a way that could threaten security, integrity or stability of Services or networks associated with the Services (referred hereby as "Service Network").
8.4. Without limiting the foregoing, User acknowledges and agrees that User shall not take any action in relation to the following:
8.5. Whizlabs has complete discretion and reserves the right of suspension or termination of access to and the use of Services with respect to any User that Whizlabs believes to have participated in or undertaken the aforementioned activities, in violation of the terms in this EULA, or any User whose actions have or are probably capable of causing harm to Whizlabs, Services, Service Network, any other User or any other reason, at the sole and absolute discretion of Whizlabs. In addition, Whizlabs may also suspend or terminate the access of any User at any specific time on the request of the User’s Institution.
9.1. The Services may offer functionalities to Authorized User for creating, uploading, or posting questions, data, responses, ideas, articles, chat conversations, multimedia content, activities, information, messages, text and other submissions or materials including the activities carried out in simulated laboratory environments for concerned Courses (referred hereby as "User Content").
9.2. User bears the sole responsibility for User Content that they post on the Services and expressly agree to avoid creation, posting, uploading, or linking to any Prohibited User Content (defined in the sections below).
9.3. Whizlabs does not undertake any pre-screening of User Content and assumes no responsibility for the User Content. Any views or opinions expressed in the User Content do not necessarily reflect those of Whizlabs and/ or its licensors. Whizlabs reserves the right, without any obligation, for monitoring, refusing to post or distribution or removal of any User Content for any specific reason at its sole discretion. Whizlabs also reserves the right of termination of User access to Services in order to restrict further posting or distribution of the Prohibited User Content.
9.4. User should report any Prohibited User Content discovered immediately to Whizlabs for taking necessary action.
10.1. User hereby grants a perpetual, global, royalty-free license and right to Whizlabs to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (like the ones emerging from changes made for better functionality of User Content with Services) with respect to the Services.
10.2. Whizlabs shall not bear any responsibility or liability for the deletion, destruction, damage, loss, or failure to store any User Content.
10.3. User represents that they have received the right to post any User content owned by third parties, to the same extent as the Materials provided with the Services.
10.4. User expressly agrees to offer suitable copyright notices in relation to any User Content that involves the User or a third party asserting any right of copyright.
10.5. The User interface on the Services available for posting or uploading User Content may present additional terms and options, which shall supplement and have the same force and effect as per the terms of this EULA.
User agrees to maintain compliance with all the relevant federal, local, foreign, and state laws for using the Services. User also agrees that it shall not, by any means (directly or through others) contribute, create, upload, post, link to, or otherwise cause the distribution of any content ('Prohibited User Content') or use the Services in any manner that:
11.1. is considered to be unlawful, threatening, indecent, abusive, libellous, offensive, harmful, hateful, harassing, vulgar, tortuous, obscene, defamatory, hateful, invading another person’s privacy or having racial, ethnic, or other objections or in violation of the Institution’s rules and policies.
11.2. Results in Infringement of patents, trademarks, copyrights, trade secrets or proprietary rights of any Party or those which the User does not have right to transmit under any law or by virtue of a fiduciary or contractual relationship (such as in the disclosure of proprietary and confidential information and inside information in accordance to nondisclosure agreements or employment relationships).
11.3. attempts to jeopardize the security, integrity, and availability of Services or cause harm for any User or their property by using malicious code or contaminating or destructive devices.
11.4. results in transmission of advertisement materials and/ or any unauthorized or unsolicited promotional materials, chain letters, junk mail, SPAM or other forms of solicitation that violate the applicable rules, laws and regulations or otherwise engaging in interference with proper working of the Services and Service Network.
11.5. otherwise violate the terms of this EULA.
12.1. Whizlabs is always open to suggestions and feedback about the Services. User may submit their suggested additions, improvements, or other comments ("User Suggestions") to Whizlabs through the Services, either online, verbally, offline or in writing.
12.2. User expressly agrees that all the rights, titles and interests and other intellectual property rights associated with User Suggestions would become the exclusive property of Whizlabs alongside achieving eligibility for use in business purposes at the sole and absolute discretion of Whizlabs, without any payment or accountability to the User, irrespective of the manner of submission of the User Suggestions.
12.3. This policy targets the restriction of possibilities for potential misunderstandings in the future when any products or services of Whizlabs may be perceived as similar to the User’s comments or submissions.
13.1. Whizlabs does not bear any responsibility for the third-party content ("Third-Party Content"), applications or services that are subject to access through embedment in the sites under ownership and control of Whizlabs or through the links on Services or redirection to sites under hosting by third parties, external to the control of Whizlabs (referred hereby as "Third-Party Sites").
13.2. Whizlabs does not endorse or guarantee the accuracy, quality and integrity of the Third-Party Sites or Third-Party Content and hereby disclaims all and any liabilities related to z errors, violations, omissions of third-party rights, or any illegal conduct that emerges from similar sites or content. Inclusion of a link to the Third-Party Site in the Service does not imply sponsorship or endorsement of owners of Third-Party Sites for the Services.
13.3. Whizlabs does not take any responsibility for the unavailability of any Third-Party Sites that are otherwise made to be accessible through links to the Services.
13.4. User may report non-functional links to a Third-Party Site immediately to Whizlabs. In addition, User shall report any links that directs them to Prohibited User Content or inappropriate content.
14.1. The scope and availability of the Services may vary and are subject to (a) Additional terms highlighted during the time of purchase or registration, (b) Registration for or enrolment in a specific Course or Service and (c) Licensing terms between Whizlabs and the User’s Institution.
14.2. Whizlabs does not bear any responsibility for access restrictions due to Third-Party Service or due to specific account settings set up by the User’s Institution.
14.3. User is solely responsible to obtain Internet access for using the Services.
14.4. User may access a specific Course available through the Services only for the duration of the eligible Subscription, irrespective of the usage or non-usage of the Services, and subject to the rights of Whizlabs for termination of User access under this EULA. User understands that access through the Institution may however be provided for a different time period.
14.5. Whizlabs employs reasonable efforts to ensure the availability of Services to Authorized User having active Subscriptions. However, the Services may have issues be unavailable for restricted periods of time owing to emergency maintenance, routine maintenance or factors that are not in control of Whizlabs, like Internet service disruption or unprecedented threats for security or integrity of Services or any other force majeure events (as may be defined under the applicable laws).
14.6. Whizlabs may impose restrictions on the User’s use and accessibility of Services at any time, with or without prior notice and/or discontinue any specific portion, content or feature of Services.
14.7. Whizlabs would employ the reasonable efforts for offering active Subscriptions notice about notable changes to the Services to Authorized User in cases where reasonably possible alongside providing alternative services or materials in event of unavailability of major portions of the Services.
15.1. Services may be made available to the User on a case-by-case basis for a trial review period (referred hereby as "Review Period") in the sole discretion of Whizlabs. In such case, the User would receive access to the Services without any charges during the Review Period. Upon completion of the Review Period, access to Services offered during the trial review shall face termination in event of failure to make payment before the Review Period ends. Termination of Service does not result in an automatic termination of the User Account.
15.2. User expressly acknowledges and agrees to the fact that Whizlabs, at its sole discretion, may immediately terminate or restrict access to a Service during the Review Period, if Whizlabs is of the view that the User is utilizing the Review Period as a substitute/ proxy/ replacement for the paid subscription to Services.
15.3. In the case of suspension or termination of access to a similar Service, User expressly acknowledges and agrees that, (a) The Service and its related functionality, materials, activities and any associated results create by the User’s use could be unavailable for User and other persons and, (b) Neither the User nor any other individual is authorized to access or use any results created by the use of suspended or terminated Course, related functionality, Materials or activities, irrespective of the availability of such results in the Course or the Services.
15.4. In event of termination of access to a Course on the grounds of non-purchase of Course Subscription followed by subsequent reinstatement of access to the Course by Whizlabs upon subsequent receipt of payment, the reinstated access would come under the scope of terms in this EULA.
16.1. User may terminate its User Account at any time with a notification to Whizlabs about the same decision or due to restrictions on User Account by their Institution or Third-Party Service that enables access to the Services.
16.2. Whizlabs considers the satisfaction of the User of Services very important. In the event of any concerns or complaints regarding the Services, User may contact Whizlabs immediately at Whizlabs Support.
16.3. User may access the Terms and Conditions on the Refund Policy hosted at https://www.whizlabs.com/refund-policy/ and the same shall be applicable in so far as the any refund claims are applicable pursuant to the termination of any Services
Whizlabs may suspend the User’s access to all or a specific part of Services, in its sole discretion and even with or without any advance notice, or undertake termination of User rights for using Services for any use or conduct (whether by the User or any other individual with access to Services in the scope of the User Account), upon believing reasonably that it violates the terms of this EULA
18.1. Sections 12, 14, 17 to 22, 25 and 26 of this EULA shall survive the termination of this EULA, irrespective of whether the termination is initiated by the User, their institution or Whizlabs.
18.2. Any type of User Account information, specifications, data or settings or customizations for a Service or Subscription, whether initiated by the User, Whizlabs or the Institution shall be lost upon termination.
18.3. User Content and any other user information associated with the use of Services may have accessibility by the User’s Institution or to the extent to which it has been posted on a public forum or to other users of Services for which similar information was published, even after termination.
The liability of Whizlabs towards the User and the sole and exclusive remedy of the User, with respect to the use of Services shall be (a) Restoring access to the Services for which User has subscribed (b) Refund of fees paid directly by User to Whizlabs for a specific Service or Subscription, in accordance with the Refund Policy; at the sole discretion of Whizlabs. In addition to the aforesaid, Whizlabs shall not have any liability towards any warranties, representations, claims or damages to the User.
20.1. User expressly acknowledges and agrees that (a) The Services are offered on an "As Available" or "As Is" basis and the use of Services is at the own risk of the User (b) User has not relied on any statement, advice or information from representatives or resellers of Whizlabs, which could be create warranty obligations for Whizlabs in relation to the use of Services or create the basis for any liability of Whizlabs and, (c) Whizlabs, its Licensors and Contractors expressly disclaim any and all warranties or conditions including those created over the course of dealing, use of trade, course of performance or even including the implied warranties of merchantability and fitness for a particular purpose and non-infringement, to the fullest extent permissible under applicable laws.
20.2. Whizlabs or its licensors do not provide any representation or warranty that (a) the Services or the User’s use of the Services will be error-free or uninterrupted, (b) Results obtained from the use of Services would be accurate or reliable (c) Services would meet the User’s requirements.
21.1. Whizlabs or its employees, agents, licensors, officers, and contractors are not liable for any type of incidental, compensatory, consequential, special, and indirect or punitive damages of any type, in any case. The limitation of liability of Whizlabs is also applicable to claims or the damages on the grounds of use or inability to use the Services, or any third-party sites or applications accessible through the services, damage to property, loss of profits, data and goodwill and third-party claims or other intangible losses and losses caused by depending on any content or information delivered through the Services, and any other losses of any type emerging from the use of the Services.
21.2. The maximum aggregate liability of Whizlabs with respect to the Services shall never exceed the total fees/ consideration paid by the User for the specific Services resulting in a loss to the User. The limitations outlined in this Section would be applicable whether or not any liability is asserted either on the basis of tort or contract, even in cases where Whizlabs has been earlier advised about the potential for any similar loss or damages or in event of failure of the limited remedies in this EULA for their essential purpose.
21.3. User may not bring any claim under this EULA after a period of one year from the date when the verification of facts supporting the cause of action are known or should have reasonably become known to the User. Nothing contained in this EULA is aimed at excluding or restricting any condition, right, liability or warranty that could not be subject to lawful exclusion or limitation in accordance with the applicable laws. Accordingly, only the limitations that are lawful in the User’s jurisdiction is eligible for claims and in such cases, the liability of Whizlabs is restricted to the maximum permissible extent as mentioned above.
22.1. User expressly warrants and represents to Whizlabs that the User is an Authorized User under this EULA and commits to avoid using the Services for any unlawful purpose or a purpose that is restricted in accordance with this EULA, as a pre-condition for using the Services.
22.2. User also expressly agrees to defend, indemnify and hold harmless Whizlabs, its employees, licensors, contractors, officers and agents from any expenses, claims, liabilities or damages resulting from or related in any way to the unauthorized use of Services or violation of this EULA by the User.
23.1. All the actions, controversies, and disputes with respect to the User’s use of Services (referred individually as "Claim") and this EULA, come under the scope of terms in this Section.
23.2. User expressly submits to the individual and exclusive jurisdiction and location of the courts in the State of Karnataka or the State of New Delhi in the Republic of India, for any Claim.
23.3. User expressly agrees that any Claim would be governed and construed in accordance with the laws of the Republic of India.
24.1. The User’s use of Services, Applications and associated technology are under the subject to US or international control or export laws and regulations (referred as “Export Laws”).
24.2. Without limitation, User expressly agrees to ensure strict compliance with all related Export Laws and also acknowledge the responsibility for obtaining authorization for the exporting, re-exporting, or importing of Application and related technology, according to requirements. User also represents and warrants that (a.) The User is not located in countries that are subject to US Government embargo or classified by the US Government as a ‘terrorist supporting’ country and (b.) The User is not listed on any of the entries in the US Government’s list of restricted or prohibited parties.
24.3. User agrees to refrain from direct or indirect transfer of Services through electronic platforms to any country, representative, agent or foreign national of countries, for which the US Government and associated agencies require an export license, or otherwise restrict such exports.
24.4. User shall indemnify and hold Whizlabs harmless and free from any type of claims, fines, losses, expenses, liabilities, penalties, damages, and costs as well as attorney’s fees among others, that arise from or relate to any form of breach of obligations of the User in this section.
25.1. This EULA is personal to the User and the User cannot assign, transfer, or delegate their User Account or their rights or obligations under this EULA to any other person, except to the extent permitted for access through Third-Party Service or the Institution.
25.2. Whizlabs may assign or delegate its rights and obligations in accordance with this EULA, either completely or partly, subject to the terms of this EULA and agreements with the User’s Institution or Third-Party Service.
25.3. Where any provision of this EULA is deemed invalid or unenforceable by a court of competent jurisdiction on the basis of any reason, the rest of this EULA shall remain valid and enforceable according to the applicable provisions.
25.4. This EULA is the complete and entire agreement between Whizlabs and the User in relation to the Services and overrides any and all agreements or terms agreed therein, to the extent not inconsistent therein. Any modifications to this EULA are not effective without a signed written agreement.
25.5. Section headings and summaries presented in this EULA are for the purpose of convenience only without any legal meaning or effect therein.
25.6. Any form of failure or Waiver to enforce any terms or conditions of this EULA, on one or multiple occasions, either through conduct or otherwise, does not restrict the ability of Whizlabs to enforce any terms or conditions in this EULA at any other given time.
26.1. Whizlabs may cause changes/ modifications to this EULA for various reasons, including for conforming to current practices or compliance with varying regulatory specifications or associated purposes.
26.2. In case of any Modifications to the EULA resulting in substantial changes of terms or scope of Services available to the User, Whizlabs shall make reasonable efforts to provide notifications or contact the User through email or otherwise to alert the User about the changes to EULA.
26.3. The User’s continued use of Services after receipt of reasonable notification on the aforementioned changes to EULA, shall qualify as consent to the modified EULA terms, which shall be applicable to any use of the Services following reasonable notice.
This EULA binds the User for the use of Services.
For any concerns regarding this End User License Agreement (EULA), you may feel free to reach us at [email protected]