TOS

User Terms

Welcome to Sensibl Learning.
  1. Hi, we welcome you to Sensibl Learning , we provide articulate storyline based elearning templates. This agreement explains the rules that apply to buying or providing services using the Sensibl products (‘user terms’).
  2. When we refer to the ‘site’we’re talking about the Sensibl Learning platform at sensiblearning.com. When we say ‘we’‘us’ or ‘Sensibl’ it’s because that’s who we are and we own and run the site.
  3. Our user terms apply to any use of the site whether or not you’re a member of the site. The user terms are between you and Sensibl. You’re making a legal commitment to us to stick to our user terms when you visit our site so please read and understand them. If you don’t accept them then you will need to leave the site because any use, other than in agreement with these user terms, is unauthorised.
Finding and buying services
  1. Anyone can browse the site but if you want to buy or need services, or use other site features, you need to become a member. Membership is free. We call a member who buys services/product/subscription a ‘buyer’. When we refer to ‘you’ in these user terms we mean any users of the site.
Before you buy
  1. Buyers are responsible for choosing the right services to meet their needs and making sure that all aspects of the services, including their scope, the number of revisions available and turnaround time meet their needs. Buyers need to give Sensibl Learning a complete brief for each job. It is the buyer’s responsibility to make sure that the brief is comprehensive and clear.
Agreeing to buy
  1. Sensibl Learning agrees to provide services by entering into a separate agreement directly with the buyer. This is called the services agreement’. It is your responsibility to make sure you understand the terms of the services agreement. In these user terms we use the word ‘job’ to talk about the services that Sensibl Learning agrees to provide a buyer under a services agreement.
  2. As a buyer, it is very important that you understand the services agreement. It is a contract you are entering into every time you engage in a job.
Payment, pricing and taxes
  1. The prices advertised on the site for services are set by the Sensibl Learning. We are responsible for deciding what prices are to be charged. We may change the prices (or change or remove their products) without notice. The price will not change for service/product/subscription once the  job is already started.
  2. All prices are stated and charged in US dollars (USD$). You are responsible for any costs associated with currency conversion or bank charges.
  3. Buyers pay for services using one of the methods offered on the site (‘payment method’). We will give you a job ID and issue a receipt for payment. Payment for subscription will be done upfront and there would be no refunds. For our other elearning services the payment and pricing will be based on the Services agreement and the payment will be done outside this site after the project is completed successfully or based on the payment terms mentioned in the Services agreement.
  4. Each of the following things need to happen to ‘start’ a job:
    1. DIY Individuals:
      1. the user needs to subscribe for our DIY Individuals package.
      2. Post the successful transaction access will be granted to one individual based on the email ID provided during the subscription
      3. Buyer will be able to download any template for a period of 1 year.
      4. The access will be closed after the completion of one year.
    2. DIY Business:
      1. the corporate user needs to subscribe for our DIY Business package.
      2. Post the successful transaction, access will be granted to one corporate user immediately. An email will be sent within 24hrs providing the credentials for the other 4 corporate users.
      3. Buyer(5 corporate users) will be able to download any template for a period of 1 year.
      4. The access will be closed after the completion of one year for all the 5 corporate users
    3. COLLAB:
      1. the user needs to subscribe for either DIY Individuals OR DIY Business package.
      2. Post the successful transaction, access will be granted to one corporate user immediately. An email will be sent within 24hrs asking how Sensibl and assist the user in completing their training.
      3. The project will be carried on offline using the existing Sensibl templates available on our site.
      4. The support on Collab, the pricing, the scope will be defined offline in a separate services agreement. The closure of the project will mark closure to the collab services agreement.
      5. We can enter into more than one collab services as long as the user is a subscriber to our packages. Once the subscription is expired and the user may choose to buy the product (DIY – Individuals/Business) packages or services packages (UNIQUE)
      6. Buyer will be able to download any template for a period of 1 year.
      7. The access will be closed after the completion of one year for all the users
    4. UNIQUE:
      1. The user needs to take our UNIQUE service packages online.
      2. They will not have to pay online. This service triggers the UNIQUE package with Sensibl and the users get an email will be sent within 24hrs asking how Sensibl and assist the user in completing their training.
      3. The project will be carried on offline using completely customized templates based on the project needs.
      4. Once the scope of work, timeline and the pricing is defined the project will be managed offline. A separate services agreement will be signed within both the parties.
      5. The payment terms and conditions will be mentioned in the services agreement.
      6. The UNIQUE user will not have access to any of the templates in our website unless they subscribe for it online.
  1. The prices for services include all indirect taxes (like GST, VAT and sales taxes). Senbsibl provides tax invoices to buyers under their individual accounts. Services managed offline would also be provided with the tax invoices offline.
  2. There will be no trial period, once the individual purchases a subscription, there will be no refund. Hence please check the products and ensure that they meet your expectations, before purchasing the same.

It is important that you understand how the subscription process works on Sensibl learning. Please take the time to review this section carefully.

Subscription and online delivery process.
  1. What do you get when you subscribe or download an Item?
    1. License: When you download an Item as a Subscriber, you will be granted a license from us to use that Item for the purpose you nominate during the registration process.
    2. No ownership: By subscribing, downloading or registering an Item you’re not actually acquiring ownership of the Item itself, only the license to use that Item.
    3. Effect of ceasing subscription: As Sensiblearning is a subscription service, certain rights granted under an Item license are only applicable for as long as your Sensiblearning subscription is active.

All the files will be available for download once you avail the subscription. The delivery will be online only.

Members’ promises to other members and to Sensibl
  1. When you’re using the site you make some promises to us, as well as to the other members that you deal with. You promise that you:
    1. are who you say you are;
    2. are over 18;
    3. will keep your membership details confidential (including your password);
    4. will be responsible for any access and activity on the site made as a result of using your membership details;
    5. will only make representations on or via the site that are accurate and not misleading or untrue;
    6. will be reasonable and polite in your dealings with us and other members;
    7. will not breach any of the terms of the user terms, any services agreements;
What we own (our intellectual property)
  1. We own all the content that we have put on our site (unless otherwise stated). This includes the design, compilation and look and feel of the site, all copyright, trademarks, designs and other intellectual property on the site. We claim ownership of all the trademarks, logos, service marks and trade names that we display on the site (unless otherwise stated).
  2. You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these user terms (or otherwise allowed at law).
  3. The images used in the templates are not for sell. The templates will not come with the images you see in the thumbnails. The image will be replaced with placeholders that can be replaced easily.
What you own (your intellectual property)
  1. You promise that you own, or have the appropriate rights to use, everything that you submit on or via the site. This includes everything that you post on the site and send to, or make available to, other members and to us including all files, assets, communications and materials (‘your content’). You promise that the use of your content on or via our site won’t infringe anyone else’s rights and that no further permissions from others are required regarding your content.
  2. You give us a license to publish, copy, and communicate your content on or via the site, for the purposes of operating the site and providing the platform facilities to you. Your content will only be made publicly available if you post it on public parts of the site. Communications and other content sent between buyers and service providers are not viewable by other users.
  3. Sensibl will retain rights in their pre-existing materials provided to buyers, but grant buyers a broad license to these materials. We will assign to buyers all materials created specifically under the agreed brief. This is set out in the services agreement.
  4. You confirm that we may publish and copy any reviews and public comments you make on any websites run by Sensibl for the purpose of cross-promoting the site.
Things you can’t do
  1. You agree that you will not:
    1. use a false email address, impersonate others, or misrepresent your affiliation with others;
    2. attempt to gain unauthorised access to computer systems or content through the site;
    3. attempt to contact other members through the site or use any information gained from the site with the intention to make a private arrangement that would otherwise be made using the site;
    4. make your contact details public on the site or in any communications via the site. Contact details include your email address, street address, Skype name and phone number (but not social network handles);
    5. enter any arrangements that are not consistent with these user terms or the services agreement;
    6. engage in automatic gathering of information from or through the site (such as “database scraping” or harvesting of e-mail addresses);
    7. attempt to interrupt or alter the site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);
    8. use the site or any of its content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
    9. disclose information about any other member that you obtain via the site that is reasonably regarded as confidential or marked as confidential; or
    10. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the site other than in accordance with the rights provided to you under these user terms or a services agreement.
Privacy
  1. Our use of your personal information is governed by our privacy policy. You agree not to use personal information of other members outside of the site. We are not responsible for any misuse of personal information given by one member to another.
Availability
  1. The site will usually be available 24 hours a day, seven days a week. Sometimes we’ll need to interrupt or suspend your access to the site or the provision of the site’s platform facilities for maintenance, technical or other reasons. We’ll always try to give you notice if possible and try to keep such interruptions to a minimum. We do not have control over the availability of services or service providers.
Indemnity
  1. Our indemnity to you.

We provide the site, services and products. We are liable and solely responsible for:

  1. our use of the site;
  2. the services, message, content, software or other information we send through the site;
  3. our breach of any intellectual property rights belonging to others;
  4. our breach of these user terms;
  5. our breach of the service provider additional terms; and
  6. our breach of any industry code, regulation or law that applies.

You have no responsibility to us for, and we agree to indemnify you from, all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause.

  1. Your indemnity to us.

You are liable and solely responsible for:

  1. your use of the site;
  2. any services you buy or provide through the site;
  3. the services, message, content, information, software or other materials you send through the site;
  4. your breach of any intellectual property rights belonging to others;
  5. your breach of these user terms;
  6. your breach of a services agreement;
  7. your breach of the service provider additional terms; and
  8. your breach of any industry code, regulation or law that applies.

We have no responsibility to you or to any another person for all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause (‘claims’) and you agree to indemnify us, our directors, officers, employees and agents from all claims.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

This means that you protect us from costs and claims that happen because of your actions on the site.

Liability
  1. You should carefully assess whether the site is suitable for your needs. Everything on the site provided by us is given on an ‘as is’ basis and without warranties, either express or implied. We do not promise that the content or your access to the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or content are free of viruses or any other harmful components. We make no promises regarding your access to the site, or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

This means we can’t promise that the site will operate perfectly at all times!

Warranties and refunds
  1. In some jurisdictions there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’).  We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.
  2. Except as provided in a non-excludable law, we are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result or arise from your using or accessing the site, or any inability to use or access the site. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited to supplying our site’s services again.
  3. Once a subscription is purchased it can be refunded only on the following basis after deducting $20:
    1. has changed their mind about the services;
    2. bought the services by mistake;
    3. does not have sufficient expertise to use the materials (unless the services did not meet the requirements of the brief); or
    4. asks for goodwill.
    5. All the above holds true only is if the user has not downloaded a single template from our site

There would be no refund other than the issues mentioned above. Hence it is important that the buyer has a clear understanding on the requirements and the products we are selling on our site. Once the buyer purchases our subscription they agree that the products are inline with their requirements.

Right to change, investigate or terminate
  1. Although we can change any of our Sensibl terms at any time we will take reasonable steps to let you know when we do so.
  2. We can look at or remove any of your content for any reason in our discretion. Reasons might include quality assurance, dispute resolution, if we think that the use of your content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the site might result in liability to us or any member.
  3. We can suspend or terminate your membership at any time for any reason, including if you breach the user terms
  4. We find our templates being re-sold to third party as is. We can suspend or terminate your membership at any time for any reason, including if you breach the user terms
When dispute resolution does not apply
  1. Although we can’t force you to accept the decisions we make, and you retain all your legal rights, we reserve the right to suspend or cancel membership of members that do not use this process fairly in our view.
Law
  1. We control and operate Sensibl from our office in India. The laws of India govern these user terms, and you submit to the jurisdiction of the courts there. Any notice you provide to us must be  emailed to us support@qquench.com.
  2. These user terms will apply at all times that you access the site; they will end when you are no longer a member of the site and no longer access the site.
  3. Clauses 24, 26, 37, 38, 30, 31, 32, 36, 37 and 38 continue to be in effect when these user terms end because they contain our continuing promises or obligations.
  4. We do not provide any legal advice on this site. Please consider for yourself the suitability of these user terms, the services agreement between buyers and service providers and, if you are a service provider, the service provider additional terms.