These Terms of Use (“Terms”) were last updated on July 1, 2024.
Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations. IF YOU LIVE IN INDIA, BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH Smart Online Trends IN SMALL CLAIMS COURT OR THROUGH BINDING INDIVIDUAL ARBITRATION ONLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CIVIL SUIT, AS EXPLAINED IN THE DISPUTE RESOLUTION SECTION.
Smart Online Trends’s mission is to improve lives through learning. We enable anyone anywhere to create and share educational content (instructors) and to access that educational content to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, and our student and instructor community. These Terms apply to all your activities on the Smart Online Trends website, the Smart Online Trends Youtube Channel, our APIs, and other related services (“Services”).
Our website and links cause communications about your browsing and website activities and website usage to be sent from you to third parties who provide services to Smart Online Trends. By using our Services, you consent to these communications.
You need an account to access your course on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in India, which is 18 years, or you must use this under the guidance of your parents. You need an account for most activities on our platform, including purchasing and accessing content. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address, contact number, and address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed. You may not share your account login credentials with anyone else. You are responsible for what happens with your account, and Smart Online Trends will not intervene in disputes between students who have shared account login credentials but will suspend that account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account, and after finding out that it was a genuine thing, we will decide to unfreeze your account or not. Students must be at least 18 years of age to create an account on Smart Online Trends and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create an Smart Online Trends account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Terms, you may be requested to verify your identity before you are authorized to submit content for publication on Smart Online Trends.
When you enroll in a course or other content, you get a license from us to view it via the Smart Online Trends Services and no other use. Don’t try to transfer or resell content in any way. We generally grant you a limited-time period access license, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Plans. Under our Terms, when instructors publish content on Smart Online Trends, they grant Smart Online Trends a license to offer a license to the content to students. This means that we have the right to sublicense the content to enrolled students. As a student, when you enroll in a course or other content, whether it’s free or paid content, you are getting a license from Smart Online Trends to view the content via the Smart Online Trends platform and Services, and Smart Online Trends is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it via WhatsApp, telegram, or any other means). In legal, more complete terms, Smart Online Trends grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by an Smart Online Trends authorized representative. This also applies to content you can access via any of our APIs. We generally give a limited-time period access license to our students when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Guidelines. Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, Smart Online Trends doesn’t offer any refund or credit for most content purchases.
The prices of content on Smart Online Trends are determined based on the terms of the Promotional Policy. We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content
If the content you purchased is not what you were expecting, you cannot request a refund just on that basis. Once a course is purchased, no refund will be issued. Refunds can be issued for only 6 months course in only one condition that is if you have completed the entire program or assignment for which you are seeking a refund. We believe in the value of our content and want to ensure that you have had the opportunity to fully engage with it. Refunds will be provided after the proof of completion, which includes certification of completion, submission records, or any other documents that demonstrate your participation and engagement with the program or assignment. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on the capabilities of our payment service providers, the platform from which you purchased your content, and other factors. No refund is due to you if you request it after the guaranteed 30 days’ time limit has passed for the refund. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. Smart Online Trends also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
If we decide to issue refund credits to your account, they will be automatically applied towards your next content purchase on our website. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms, you will not be eligible to receive a refund.
We own the Smart Online Trends platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization. All right, title, and interest in and to the Smart Online Trends platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of Smart Online Trends and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you the right to use the Smart Online Trends name or any of the Smart Online Trends trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Smart Online Trends or the Services are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Smart Online Trends platform and Services:
– Access, tamper with, or use non-public areas of the platform (including content storage), Smart Online Trends’s computer systems, or the technical delivery systems of Smart Online Trends’s service providers.
– Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Smart Online Trends platform or Services.
– Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
– In any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Smart Online Trends); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
This section covers additional terms that apply to your use of our subscription-based collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Note that the use of Smart Online Trends Business is not subject to these Terms but is instead governed by the agreement between Smart Online Trends and the subscribing organization.
During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. With the exception of the limited-time period access license grant, the terms included in the “Content Enrollment and Lifetime Access” section above apply to enrollments via Subscription Plans.
Your Subscription Plan may also include access to interactive environments, such as workspaces (“Interactive Sessions”). Interactive Sessions may be provided by a third party, subject to its own agreement or terms and conditions, and subject to usage limitations. You’re responsible for complying with the terms and conditions of any third party provider.
The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the “Content Enrollment and Lifetime Access” section.
You may cancel your subscription by following the steps outlined. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Smart Online Trends account.
The subscription fee will be listed at the time of your purchase. You can visit our website landing page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable, and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.
In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds”.
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Smart Online Trends or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
There are risks inherent to using our Services. You fully accept these risks, and you agree that you will have no recourse to seek damages against us even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the amount you have paid us in the 12 months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Smart Online Trends, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable lawyer fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
When these Terms mention “Smart Online Trends,” they’re referring to the Smart Online Trends entity that you’re contracting with. If you’re a student, your contracting entity and governing law will generally be determined based on your location. Except in some cases as listed below, if you’re a student located in India, you’re contracting with Smart Online Trends, and these Terms are governed by the laws of India, without reference to its choice or conflicts of law principles, and you consent to the exclusive jurisdiction and venue of the courts in Ahmedabad, India.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law. Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to simpexmedia@gmail.com).
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in India, your options are to go to court or bring a claim in binding individual arbitration; you may not bring that claim in another court or participate in a civil suit. This Dispute Resolution section (“Dispute Resolution Agreement”) applies only if you live in INDIA. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
Smart Online Trends is committed to using its best efforts to resolve disputes with its users, without the need for a formal legal claim to be filed. If an issue arises between us, you and Smart Online Trends agree to first work diligently and in good faith to reach a resolution that’s fair and equitable to both sides using the mandatory informal dispute resolution process described below. On occasion, a third party may be necessary to help resolve our dispute. This Dispute Resolution Agreement limits how these disputes can be resolved.
YOU AND Smart Online Trends AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF THEM, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH Smart Online Trends (COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED SOLELY IN COURT OR BY BINDING INDIVIDUAL ARBITRATION. YOU AND Smart Online Trends FURTHER AGREE TO BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR IN ARBITRATION. You and Smart Online Trends agree that this Dispute Resolution Agreement applies to each of us as well as all of our respective agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Smart Online Trends. This Dispute Resolution Agreement is binding on your and Smart Online Trends’s respective heirs, successors, and assigns and is governed by the Federal Arbitration Act.
Before filing a claim against each other, you and Smart Online Trends must first participate in the informal dispute resolution process described in this section:
The claiming party shall send to the other a short, written statement (“Claim Statement”) with their full name, mailing address, and email address explaining: (a) the nature and details of the Dispute; and (b) a proposal for resolving it (including any money being claimed and how that amount was calculated). Sending a Claim Statement tolls the running of any applicable statute of limitations for a 60-day period beginning on the date the Claim Statement is received. You should send your Claim Statement to Smart Online Trends by email to teamyashika@gmail.com, and you can also send it by certified mail to Smart Online Trends registered address. Smart Online Trends will send Claim Statements and respond to you at the email address associated with your Smart Online Trends account unless you request otherwise.
When either of us receives a Claim Statement, the parties will attempt in good faith to resolve it informally. If we’re unable to resolve it within 60 days from receipt, then we each have the right to initiate a formal claim against the other in court or individual arbitration, subject to the terms of this Dispute Resolution Agreement.
Failure to complete this process is a material breach of the Terms, and no court or arbitrator shall have jurisdiction to hear or resolve any Disputes between you and Smart Online Trends.
As the sole alternative to court, you and Smart Online Trends have the right to resolve Disputes through individual arbitration. While there’s no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must follow our agreement in the same way as a court. If one of us brings a Dispute to a court other than a court, the other party can ask a court to require us both to go to arbitration. Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. To the extent that any cause of action or claim for relief can’t be addressed in arbitration, you and Smart Online Trends agree that all court proceedings shall be paused pending the resolution in arbitration of all arbitrable causes of action and claims for relief. Nothing in this Dispute Resolution Agreement is intended to limit the individual relief available to either of us in arbitration or small claims court.
If you and Smart Online Trends disagree on whether a Dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute Resolution Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address all such disagreements, including but not limited to those concerning or related to the formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This provision doesn’t limit the procedure for challenging an improperly commenced arbitration.
Any court of competent jurisdiction will have the authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees for any arbitration or mediation not conducted under this Dispute Resolution Agreement.
You and Smart Online Trends agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award lawyer’s fees to the party defending against the claim just as a court could.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Smart Online Trends reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
The best way to get in touch with us is to contact our Support Team at Smart Online Trends. Our whatsapp support number is +91 8237244245
We’d love to hear your questions, concerns, and feedback about our Services. Thanks for learning with us!1