Terms of Use

 

 

Last updated August, 2020.

 

 

CRAMbridge (us, we) is a leading provider of eLearning and computer-based training for pharmaceutical and biotechnology professionals and enterprises. CRAMbridge products and services include online “eLearning modules” which may be accessed by learners, or by instructors or administrators who are interested in administering training for their teams (“customers”). These Terms of Use (“Terms”) have been created to keep our customers’ information safe, and to give them a pleasant learning experience. These terms apply to all manners in which CRAMbridge products and services are accessed by customers – i.e.: through our website, mobile app, affiliated learning management systems (LMS), and other related services (“products”, modules”, “platform”, “LMS”, “Services”) etc.

 

 

Please also go through our Privacy Policy for details on how we handle customers’ personal data. In addition, for our enterprise customers, specific Terms and Conditions and Privacy policies for businesses may separately be executed outside the scope of these terms.

 

 

If you live in India, by agreeing to these Terms, you agree to resolve disputes with CRAMbridge through binding arbitration (with very limited exceptions, not in court).

 

 

 

1. Accounts

 

 

 

You need to create an account to access eLearning modules and LMS on CRAMbridge. You must have reached the age of consent for online services in your country to use CRAMbridge.

 

 

When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including 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 we need to prove you are the owner of that account. In the unfortunate 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 CRAMbridge will not intervene in disputes involving shared account login credentials. 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) using the contact information provided on our website. We may request some information from you to confirm that you are indeed the owner of your account.

 

 

If you decide to close your account and purge all your personal information maintained with us, you may contact us to do so.

 

 

 

 

2. Course Enrollment and Access

 

 

 

When you acquire an eLearning module (free or paid), you are getting a license from CRAMbridge to view the course exclusively on our Learning Management System (LMS). CRAMbridge is the sole owner of the module content and licensor of record. Modules are licensed, and not sold, to you. This license does not give you any right to resell the content in the module in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on the internet or social media groups).

 

 

In other words, CRAMbridge grants you a limited, non-exclusive, non-transferable license to access and view the content in the modules for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms. Specific eLearning modules or other Services may have special restrictions which you agree to abide by. All uses (other than personal, non-commercial use) 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 module and associated content.

 

 

Access to eLearning modules that you purchase on CRAMbridge is provided for a limited time as noted at the time of purchase. Additionally, we reserve the right to revoke any license to access and use eLearning modules and associated content at any point in time. In case your access is disabled before its expiration, we will duly inform you about the change, associated reasoning, and refund policy (if any).

 

3. Payments, Credits, and Refunds

3.1 Pricing

 

 

We regularly run promotions and sales for our courses and certain eLearning modules are only available at discounted prices only for a set period of time. The price applicable to a course will be the price at the time you complete your purchase (at checkout). Any price offered for a particular module may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

 

 

If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We may not enable users to see pricing in other currencies.

 

 

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

 

 

3.2 Payments

 

 

You agree to pay for your purchases, and you authorize us to process the payment through the means of payment you choose. CRAMbridge works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

 

 

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the eLearning module you are purchasing, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.

 

 

3.3 Refunds

 

 

CRAMbridge does not issue refunds. Think carefully about the eLearning module you are purchasing, and go through all associated information available on our website before you make a purchase. All purchases are final and irreversible.

 

 

3.4 Gift and Promotional Codes

 

 

CRAMbridge or our partners may offer gift and promotional codes to customers. These codes, as well as any promotional value linked to them, may expire if not used within the specified time period. Gift and promotional codes offered by a partner are subject to that partner’s refund policies

 

 

 

4. Content and Behavior Rules, and CRAMbridge rights

 

 

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

 

 

You may not access our Services if you are from a territory where Indian businesses are prohibited from engaging in business.

 

 

CRAMbridge has complete discretion in enforcing these terms. We may terminate or suspend your permission to use our products and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. You agree that we will have no liability to you or any third party for termination of your account or blocking of your access to our eLearning modules and services.

 

 

All right, title, and interest in and to the CRAMbridge products and Services, including our eLearning modules, website, our existing or future applications, databases, and the content that our employees or partners submit or provide through our Services, are and will remain the exclusive property of CRAMbridge and its licensors. Our products and services are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing gives you the right to use the CRAMbridge name, logo, or any associated intellectual property. Any feedback, comments, or suggestions you may provide regarding CRAMbridge or the Services is 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:

 

 

• access, tamper with, or use non-public areas of CRAMbridge website (including content storage) and computer systems.

• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.

• in any way use the Services to send altered, deceptive, or false source-identifying information, 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.

 

 

 

5. Miscellaneous Legal Terms

 

 

5.1 Binding Agreement

 

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You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with CRAMbridge. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

 

 

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

 

 

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

 

 

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

 

 

The following sections shall survive the expiration or termination of these Terms: 1) Course Enrollment and Access, 2) CRAMbridge Rights to Content You Post, 3) Using CRAMbridge at Your Own Risk, 4) CRAMbridge Rights, 5) (Miscellaneous Legal Terms, and 6) Dispute Resolution.

 

 

5.2 Disclaimers

 

 

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 (expressed 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 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 CRAMbridge 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, pandemic, internet, or telecommunication outage; or government restrictions.

 

 

5.3 Limitation of Liability

 

 

There are risks inherent to using our Services, for example, your payment information submitted with our payment processing partner may get hacked and stolen. You fully accept these risks and you agree that you will have no recourse to seek damages against CRAMbridge 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 greater of one thousand Indian rupees (Rs.1000) or the amount you have paid us in the twelve (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.

 

 

5.4 Governing Law and Jurisdiction

 

 

These Terms are governed by the laws of the State of Kerala, India without reference to its choice or conflicts of law principles.

 

 

5.5 Legal Actions and Notices

 

 

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

 

 

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 info@crambridge.in).

 

 

5.6 Relationship Between Us

 

 

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

 

 

5.7 No Assignment

 

 

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

 

 

 

6. Dispute Resolution

 

 

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 a consumer court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

 

 

6.1 Going to Arbitration

 

 

If we can’t resolve our dispute amicably, you and CRAMbridge agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

 

 

6.2 The Arbitration Process

 

 

Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties.

 

 

6.3 No Class Actions

 

 

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

 

 

6.4 Changes

 

 

Notwithstanding the “Updating these Terms” section below, if CRAMbridge changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing us written notice of such rejection by email from the email address associated with your Account to info@crambridge.in, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any disputes in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.

 

 

 

7. Updating These Terms

 

 

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). We reserve the right at our 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. 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.

 

 

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8. How to Contact Us

 

 

Use our email address: info@crambridge.com to get in touch with us.