Terms and Conditions - Ekya Konnect Limited

TERMS AND CONDITIONS

Version number: 1.0

Effective date: 06/09/2024

1. Who we are

  1. We are Ekya Konnect Limited. Our company information is at the end of this document.

2. What this is all about

  1. These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We've tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren't a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.
  2. Where you communicate with us on behalf of an organisation, you promise that you have authority to do so.

3. Some definitions

  • "Content" - all information of whatever kind such as course packs (excluding PMI's student kit for PMP), practice/mock tests, course recordings, PDFs, posts, comments, articles, blogs, chat, images, photos, audio, video, advertisements, messages, that are displayed, stored or sent on or in connection with our Service.
  • "LMS" - the Project Management Pathways/Learn Security Management learning management systems.
  • "PMI's student kit for PMP" - the official Project Management Institute pack that we make available to you via a PMI Authorised Training Partner, if applicable.
  • "Service" - the services we offer by means of our LMS, any related services and our website (including subdomains).
  • "User" or "Learner" - people or organisations using our Service (whether or not registered with us).

4. IMPORTANT WARNING

  1. We do not guarantee that you will achieve any particular objective or outcome as a result of using the Services. For example, we do not promise that you will achieve any particular grade in any exam.
  2. Our Service/Content is intended for educational use only. We do not provide legal/regulatory/technical/commercial advice and any use of our Service/Content for such purposes is entirely at your own risk.

5. How you enter a legal contract with us

  1. You first enter a legal contract with us to use our Service by registering on our Service.
  2. By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

6. Changing these terms and conditions

  1. We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.
  2. If you don't agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract on the day before the new terms take effect.

7. Your right to use our Service

  1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
  2. You agree to comply with any applicable third party terms when using our Service.
  3. You must not use, or attempt to register on, our Service if you are below 18 years of age.

8. Standard of Service

  1. Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

9. Behaviour when using our Service

  1. You agree not to do any of the following in connection with our Service:
    • break the law or infringe anyone else's rights;
    • send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
    • victimise or harass other people;
    • use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
    • deceive or mislead anyone;
    • reveal sensitive personal information or anything that allows you to be contacted except through the Service or identified (e.g., your last name, postal/email address or phone number);
    • send, store, display or link to any Content that includes someone else's personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally allowed to do so (e.g., as parent/guardian);
    • impersonate anyone;
    • use our Service to help you compete with us or to infringe our rights;
    • disrupt our Service, e.g., spam, viruses or phishing;
    • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
    • intercept or modify communications;
    • impose an unreasonable load on our Service; or
    • attempt, encourage or assist any of the above.
  2. You agree to:
    • comply with the guidance/requirements on our Service; and
    • provide prompt and reasonable cooperation in relation to our Service.
  3. You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.

10. Your Content

  1. You are responsible for your Content.
  2. You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
  3. Provided we comply with data protection law, we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or companies who provide relevant services to us.
  4. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
  5. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
  6. It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn't affect our duties under data protection laws).
  7. We are entitled to delete your Content if your account has been inactive for at least twelve months or any alternative period we decide.

11. Dealing with other Users

  1. We don't endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible for the accuracy of, or otherwise in relation to, any User Content or for any dealings between Users. Where appropriate, you are responsible for investigating other Users before dealing with them. Don't assume that any Content from another User is accurate and be aware that people may not be who they claim to be.
  2. If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) leave any course and stop any communication with the other person and (2) tell us. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).

12. Other peoples' services / advertising / websites

  1. We may display other peoples' services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

13. If you create an account on our Service

  1. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account except to grant access to authorised Users in accordance with our Service. You agree to ensure that authorised Users comply with the applicable behaviour and other obligations in this agreement and that you are responsible for their acts/omissions (even if they are outside your organisation).
  2. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).

14. Courses

Cancelling or changing courses

  1. You can cancel a booking at any time by emailing us. If so, any refunds are subject to the Course Cancellation/Refund Policy on our website as at the date of your cancellation request.
  2. You are only allowed to switch to another course if we agree in writing.
  3. We are entitled to rearrange any course if there are exceptional circumstances, e.g., presenter illness. If so, we will give you as much notice as possible.

Behaviour

  1. You agree to behave in a reasonable and civilised manner and not engage in any dangerous, disruptive, unlawful, abusive, aggressive, threatening, drunken, antisocial or other inappropriate behaviour.
  2. We reserve the right to immediately end your attendance at any course if in our discretion you have breached these terms and conditions. No refunds will be given in such case.

Recording course sessions

  1. You agree not to make any audio/video recordings or screenshots of course sessions without our prior written consent.
  2. We are allowed (but not obliged) to make audio/video recordings of course sessions and, if so, you agree to being recorded without compensation. We own the intellectual property rights in any such recordings. We may make the recording available to all participants in that course but do not guarantee to do so.

General

  1. You are responsible for ensuring that you have appropriate connectivity and for complying with any other technical requirements needed to access the course.
  2. Any training or support outside course sessions is provided only in our discretion. We may require an additional fee in order to provide such services.
  3. You agree that the PMI and not us are responsible for access to/content of the PMI's student kit for PMP. You also agree to comply with any PMI terms and conditions applicable to use of the PMI's student kit for PMP.

15. Access to our Content/tools

  1. Certain of our Content/tools is only available for restricted periods. Unless we say otherwise on our Service, the periods are as follows:
    • Access to tools such as Miro.com or any other tools used for education and collaboration between instructor and Learner -- until the relevant course ends.
    • Practice and mock tests (Project Management Pathways) -- up to three months after the end of the course.
    • Practice and mock tests (Learn Security Management) -- three months after we first provide you with access to the test.
    • Course recordings and course packs (not the PMI Pack) -- 12 months after the end of the course.
  2. You are only allowed to access the mock test relating to a particular course if you attend all of the course sessions. (For clarification - this does not apply to stand-alone purchased tests.)
  3. To be clear -- there is no right to a refund after you order a purchased test or other paid Content.
  4. See below under "Intellectual property rights" for additional restrictions on your right to use our Content.

16. Paying us

  1. Payment for chargeable parts of our Service is in advance. Prices and payment methods are as explained on our Service.
  2. If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
  3. You must contact us immediately with full details if you dispute any payment.
  4. You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren't responsible for what they do or don't do.
  5. If any amount due to us is unpaid, without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.

17. Promotions

  1. In this section, "Promotion" refers to any discounts, coupons, special offers, or other incentives we may offer from time to time.
  2. You can only use Promotions to make purchases through the account for which the Promotion was offered and registered.
  3. Unless we say otherwise: Promotions can only be used once for future new orders placed online and you can only use one discount Promotion per transaction.
  4. We may suspend or cancel Promotions and/or cancel any relevant purchase and/or close any relevant account if we think that the Promotions have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed.
  5. Promotions are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount Promotions at any time without prior notice.

18. Ending or suspending this contract

  1. You are entitled to end this contract at any time by emailing us to the address shown below. (This doesn't entitle you to a refund.)
  2. We are entitled to end this contract at any time or suspend part or all of our Service or impose restrictions on our Service if:
    • you break this contract;
    • any fees payable by you are unpaid or charged back;
    • acting reasonably, we think that it is necessary to protect you, us or others;
    • we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
    • you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.
  3. We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
  4. If this contract ends:
    • Your right to use our Service and all licences are terminated.
    • We are allowed to delete your Content without telling you.
    • Existing rights and liabilities are unaffected.
    • All terms in this contract that are stated or intended to continue after termination will continue to apply.

19. If our Service doesn't work properly

  1. We do not guarantee that the Service will be uninterrupted or error-free or that any Content generated, stored, transmitted or used via or in connection with the Service will be complete, accurate, secure, up to date, received or delivered correctly or at all.
  2. We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. For any planned maintenance we will try to provide reasonable notice.

20. Restrictions on our legal responsibility -- very important

  1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.
  2. To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  3. Subject to the first paragraph in this section ("Nothing in this agreement..."), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise , for any:
    • loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
    • indirect, consequential or special losses.
  4. Subject to the first paragraph in this section ("Nothing in this agreement..."), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
  5. You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
  6. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.

21. Intellectual property rights (IP)

IP in your Content (e.g., forum posts)

  1. You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and for so long as this contract lasts (or forever in the case of your reviews/posts), to use and adapt all or part of such material however we wish on our Service as well as on other channels including social media, including to enhance, redistribute and/or promote our Service. You waive your "moral rights" in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.

IP in our Content (including tests, course packs, recordings etc.)

  1. We and/or our partners own the IP in all Content that we use on or in connection with our Service.
  2. You may view our Content on your device for your private personal use for educational purposes only. If we supply Content specifically for download (e.g., PDFs), you may download the Content to your own personal device only. You must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
  3. To be clear - only Users who are signed up and authorised to receive Content are entitled to access and use that Content and those Users must not share the Content, or access to it, with anyone else.
  4. You must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

Third-party trade marks

  1. All third-party trade marks are the property of their respective owners. The use of third-party trademarks does not indicate endorsement, sponsorship, or affiliation.

22. Your personal information

  1. You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

23. Things we can't control

  1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

24. Transferring this contract to someone else

  1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

25. English law and courts

  1. This contract is under English law and any disputes will be decided only by the courts of England and Wales.

26. General

  1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can't enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

27. Complaints

  1. If you have any complaints, please contact us via the contact details shown below.

28. Information about us

  1. Company name: Ekya Konnect Ltd
  2. Trading names: "Project Management Pathways"/"Learn Security Management"
  3. Country of incorporation: England and Wales
  4. Registered number: 15769563
  5. Registered office and contact address: The Granary Hermitage Court, Hermitage Lane, Maidstone, United Kingdom, ME16 9NT
  6. Contact email address: contact@projectmanagementpathways.com / contact@learnsecuritymanagement.com (as applicable)
  7. Other contact information: See our website/contact page