This agreement applies as between you, the User of this Website and Services, and Surfshark B.V., the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Services": means the services available to you through this Website, specifically use of the Surfshark B.V. proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at Kabelweg 57, 1014BA Amsterdam, the Netherlands;
"System": means any online communications infrastructure that Surfshark B.V. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and / or Services;
"Website": means the website that you are currently using (https://learning.surfshark.com/) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Surfshark B.V., a company incorporated in the Netherlands with Company registration Number 81967985, located at Kabelweg 57, 1014BA Amsterdam, the Netherlands.
Website and Services are not intended for Users under the age of 18. Such Users are expressly prohibited from submitting any of their information to us, and from using portions of the Website and our Services for which registration is required. If any information is submitted by such Users, it will not be collected or retained.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable law of the Netherlands and International intellectual property and other laws.
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4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Certain materials used in the Website and Services may include third-party intellectual property, which is used solely for illustrative and educational purposes. We do not claim ownership or affiliation with the exemplary companies indicated in Website and / or Services.
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5.2 The Content provided in the Services are for educational purposes only. They are simulated scenarios designed to enhance understanding of potential cyber threats. None of the examples depicted in the Services have occurred in reality. All simulations and situations provided are fictional. Any resemblance to real-world incidents, individuals or companies is purely coincidental.
The Website and Services may contain links to other sites. Unless expressly stated, these sites are not under Our control or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://learning.surfshark.com/ without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us via our online support service at https://support.surfshark.com/hc/en-us.
- 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 8.1.1 You must not use obscene or vulgar language;
- 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 You must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 You must not impersonate other people, particularly Our employees and representatives or Our affiliates; and
- 8.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 8.2 You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
- 8.3 You acknowledge that We may may retain copies of any and all communications made to Us or using Our System.
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit Payment Information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
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10.1 Either Us or you may terminate your Account at any time. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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10.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 10.3 In the event of termination, whether initiated by you or Us, please note that no refunds will be issued for any unused portion of the Services or any outstanding orders or payments on your Account. This policy applies without exception.
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11.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Us correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
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11.2 Where appropriate, you may be required to select the required Plan of Services.
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11.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the Website.
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11.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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11.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
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12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Us and you.
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12.2 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded.
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12.3 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased as indicated in the order confirmation you received.
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12.4 We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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12.5 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake.
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12.6 We provide technical support via our online support service and make every effort possible to respond in a timely manner but we do not guarantee a particular response time.
Use of the Website and Services is also governed by Our Privacy Policy (https://learning.surfshark.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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14.1 We make no warranty or representation that the Website and / or Services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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14.2 No part of this Website and / or Services is intended to constitute advice and the Content of Website and / or Services should not be relied upon when making any decisions or taking any action of any kind.
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14.3 No part of Website and Services is intended to constitute a contractual offer capable of acceptance.
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14.4 Whilst We use reasonable endeavours to ensure that Website and / or Services are secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website and / or Services, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website and Services following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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16.1 The Website and the Services are provided “as is” and on an “as available” basis. We use industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website and / or Services will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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16.2 We accept no liability for any disruption or non-availability of the Website and / or Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 17.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 17.2 Nothing in these Terms and Conditions excludes or restricts Our liability for death or personal injury resulting from any negligence or fraud on Our part.
- 17.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Us.
These Terms and Conditions and the relationship between you and Us shall be governed by and construed in accordance with the laws of the Netherlands, and you agree to submit to the exclusive jurisdiction to the courts of the Netherlands.
