 Acceptance of this Agreement
By clicking on the ‘SIGNUP’ option, the participant (“You” or “Your”) agrees to the
Terms and Conditions, obligations, representations, warranties, and agreements
contained herein (the “Agreement”). In the event, You are not willing to accept the
Agreement, You shall not be authorized or allowed to proceed further to view or use
in any manner any content, information, courseware, products and services
(“Services”) published,available or provided on www.irtekaz.com (the “Website”),
which is owned, maintained and monitored by Smart Irtekaz (“Us”, “We” or “Our”).
Content and Courseware
As a part of our Services offered through our Website, We shall grant you access to
our content, courseware, practice tests, and other information, documents, and data
which may be in audio, video, written, graphic, recorded, photographic, or any
machine-readable format in relation to the specific certification training course You
have registered for (“Content and Courseware”).
We reserve the right to amend, revise or update the Content and Courseware
offered to You. In the event such an amendment, revision or updation occurs, We
may require you pay an additional fee to access such amended, revised, or updated
Content and Courseware.
Free Access
The selected courses of free access (hereinafter the “Courses”) are brought to you
by Smart Irtekaz. (“IRTEKAZ”). Your access to the said Courses is limited to the
extent of self-learning videos and course resources only. Nothing herein shall at any
time be construed to mean unhindered or unconditional access to all the features of
the said Courses, as may be available upon purchase of the respective Courses.
Your free access to these courses shall be limited to such respective number of
days, as may be notified against each Course on the date of your enrolment, and
shall be revoked at the instance of expiry of the respective number of days.
However, Smart Irtekaz at its sole option reserves the right to revoke or extend your
free access to all contents made available to you at any early instance under the free
access without any notice or liability.
Upon your enrolment to these free courses, no license is deemed to be granted to
you for further sale or to utilize the materials for any reuse, reproduction, republication for commercial/non-commercial purposes.
All materials provided to you under the free access are copyright products of Smart I
or its partners. Any violation of laws herein, or otherwise, shall make you liable to the
maximum extent available under law.
All regular features of the Courses, including exam vouchers and certifications, but
not limited to them, shall be available upon a full value complete purchase of the
respective Courses only. Upon such full value complete purchase of any of these
Courses, your balance of the free access days shall be added onto the number of
days that may be generally applicable to the respective Courses.
The above terms shall be read along with Smart Irtekaz’s Terms of Use and in the
event of any conflicts, the ones stated here shall prevail, but to the extent of the said
free access Courses only.
Please also read our Privacy Policy carefully.
Smart Irtekaz reserves all other rights, ‘ingress’ & ‘egress’ with respect to the free
access, and may extend or forfeit the tenure of this offer at any time.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable
license to use the Website, the Services, and the Content and Courseware offered
through the Website till the time the completion of the certification training course
that You have enrolled for or the termination of this Agreement according to the
Terms and Conditions set forth herein, whichever is earlier. The Services and the
Content and Courseware are provided solely for Your personal and non-commercial
use to assist you in completing the certification training course You have registered
for (“Restricted Purpose”).
You are permitted online access to the Website, the Services, and the Content and
Courseware and may download, save, or print the Content and Courseware solely
for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast,
disseminate, or prepare derivative works of the Content and Courseware, or any part
thereof, in any manner or through any communication channels or means, for any
purpose other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the
Services, and the Content and Courseware for the Restricted Purpose as set forth in
this Agreement, You acknowledge and agree that We are the sole and exclusive
owner of the Website, the Services and the Content and Courseware and as such
are vested with all Intellectual Property Rights and other proprietary rights in the
Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use
the Website, the Services, and the Content and Courseware for the Restricted
Purpose does not convey to You in any manner or form any right, title or interest of a
proprietary, or any other nature in the Website, the Services, and the Content and
Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other
promotional material used by Us. Further, We may use Your personal information to
inform You about other certification training courses offered by Us. However, We
shall not distribute or share Your personal information with any third party marketing
database or disclose Your personal information to any third party except on a caseto-case basis after proper verification of such third party or if required under any
applicable law.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and
Courseware are at Your sole risk. We do not warrant that the Website or the
Services or access to the Content and Courseware will be uninterrupted or error
free; nor is there any warranty as to the results that may be obtained from the use of
the Website, the Services or the Content and Courseware or as to the accuracy or
reliability of any information provided through the Website, the Services, or the
Content and Courseware. In no event will We or any person or entity involved in
creating, producing, or distributing the Website, the Services, or the Content and
Courseware be liable for any direct, indirect, incidental, special, or consequential
damages arising out of the use of or inability to use the Website, the Services, or the
Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or
injury caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of, or use of records
or any other material, whether for breach of contract, negligence, or under any other
cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory,
offensive, wrongful, or illegal conduct of third parties, or other users of the Website,
the Services or the Content and Courseware and that the risk of damage or injury
from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates, directors, officers,
employees, agents, and licensors, if any, arising out of any kind of legal claim
(whether in contract, tort or otherwise) in any way connected with the Services or the
Content and Courseware shall not exceed the fee you paid to Us for the particular
certification training course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this
Agreement by Your clicking on the “I ACCEPT” button and, subject to the terms and
conditions of this Agreement, will remain in effect till You maintain a current, fully
paid up online Participant Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the
Content and Courseware with immediate effect by sending a written notice through
email to You to this effect (“Immediate Termination Date”), if such termination is
made as a result of Your misrepresentation, default, misconduct, or breach of Your
obligations related to or under this Agreement (“Event of Default”). On the
occurrence of any Event of Default, We shall be authorized to exercise all the rights
and remedies under this Agreement or applicable Law or available in equity to seek
indemnification for any Loss or Claim resulting from any such Event of Default.
Indemnity
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers,
employees, and agents, harmless from and against any and all claims, losses,
damages, liabilities, and expenses including attorneys’ fees, arising out of Your
unauthorized use of the Website, the Services, and the Content and Courseware or
any violation or breach of this Agreement or any provisions hereof.
Waiver
Neither failure nor delay on the part of any party to exercise any right, remedy,
power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of
any other right, remedy, power, or privilege. No term of this Agreement shall be
deemed waived, and no breach consented to, unless such waiver or consent shall
be in writing and signed by the party claimed to have waived or consented. No
waiver of any rights or consent to any breaches shall constitute a waiver of any other
rights or consent to any other breach.
Severability
In the event any provision of this Agreement is held invalid or unenforceable under
the applicable laws of United States Of America, Kingdom Of Saudi Arabia, United
Arab Emirates and Pakistan, the remaining provisions shall continue in full force and
effect, and the Agreement shall be deemed to be reformed by replacing such
invalidated or unenforceable provision with a valid and enforceable provision that
gives effect as closely as possible to the intentions of the parties as expressed by
the invalidated or unenforceable provision.
Governing Law and Jurisdiction
For Participants who are a resident of the U.S.A., this Agreement shall be governed
by and construed in accordance with the Laws of New York and the courts in New
York shall have the exclusive jurisdiction over any matter relating to, in connection
with, or arising out of, this Agreement.
For Participants who are not a resident of the U.S.A., this Agreement shall be
governed by and construed in accordance with the Laws of KSA, UAE and Pakistan,
Dubai shall have the exclusive jurisdiction over any matter relating to, in connection
with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving
any prior notification to You. We shall however publish the revised agreement on the
Website so that You are aware of the revisions, modifications and amendments
made by Us to this Agreement. You acknowledge and agree that it is Your
responsibility to check the Website periodically for any revisions, modifications, and
amendments. Your continued use of or access to the Website, the Services, and the
Content and Courseware following the posting of any changes to this Agreement
shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations
mentioned in this Agreement to any third party and You only shall be held liable for
any breach of this Agreement or any terms and conditions hereof.
Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy, Rescheduling Policy,
Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the
Website constitutes the entire agreement governing Your use of our Website and
supersedes any prior agreements, if any, relating to any matter dealt within this
Agreement.
In case you have any concerns or queries, please reach out to us, Our Officer shall
undertake all reasonable efforts to address you in the shortest possible time. You
may contact us at:
o 216 Delaware Avenue, Jersey City, New Jersey, USA
o Contact details,
o USA +1 551 200 7815
o KSA +966 55 803 4755
o UAE +971 52 879 6696
o PAK +923 22 420 0303