monday.com Certification Program Terms of Service
We are pleased to welcome you to the certification training programs provided by monday.com or by any third party on its behalf (the “Certification Program(s)“). Our Certification Program include training services for our Services, including via in-person and/or online courses, workshops (either in person or online) etc. .
These monday.com Certification Program Terms of Service (“Terms”) are entered between monday.com Ltd. (“monday.com”, “us”, “we” or “our”) and you, either individually as applicable, or on behalf of your employer or any other entity which you represent (“you” or “your”), and together with our monday.com Terms of Service, Privacy Policy, and other applicable terms, govern your participation and use of the Certification Program, including any subsequent order of a specific or general Certification Program you make, online registration, purchase confirmation and all information on or submitted through it. Capitalized terms not otherwise defined herein, shall have the meaning ascribed to them in the monday.com Terms of Service. In case you represent your employer or another entity, you hereby represent that (a) you have full legal authority to bind your employer or such entity (as applicable) as set forth herein; and (b) you read and understood these Terms, and accept them on behalf of your employer or the respective entity, as applicable; (c) Persons under 18 years of age are not authorized to use, purchase or participate in the Certification Program.
IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR IF YOU DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), DON’T ACCEPT THESE TERMS, PURCHASE, USE OR PARTICIPATE IN THE CERTIFICATION PROGRAM
1. Certification Programs
monday.com’s Certification Programs are in-person or online training programs provided to you by monday.com or by third parties on its behalf. Certification Programs may contain a variety of information, including (without limitation) information, data, text, software, presentations, photographs, graphics, video, messages or other materials (collectively, “Content”). Also, you may upload, post or otherwise provide Content in connection with a Certification Program (“Your Content”). Content of the Certification Program is not available for download, such content includes, but is not limited to, monday.com’s Intellectual Property, course materials or works of other that we are not permitted to distribute. YOU MAY NOT SELL AND/OR DISTRIBUTE THE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE OR WITHOUT. YOU WILL NOT USE OR DISCLOSE IT TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
2. Registration and Creating Profiles etc.;
In order to participate in an online Certification Program and use of some areas of the Certification Program website, you may have to complete a registration process or create a profile. In case that the completion of the process involves the creation of an account with a username and password or other identifier, you agree to guard them as confidential information. If you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or monday.com has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, monday.com may suspend or terminate your access, or participation in a Certification Program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide with Certification Programs, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
You are solely responsible for internet connectivity, software and/or hardware that may be required in order to participate in a Certification Program. If you purchase a Course, you hereby represent and warrant that you freely and voluntarily make this purchase.
3. Fees and Payment
In consideration for the provision of the Certification Program, you shall pay us the applicable fees per the purchased Certification Program, as set forth in any applicable order form, e.g. sales order, purchase document or any other instrument as determined by us, which shall be completed and placed either online, in-product, offline or in any other form designated by us. our information page or (the “Fees”). Unless indicated otherwise, Fees are stated in $USD. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. We reserve the right to change the Fees at any time. In the event of failure to collect the Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your participation in any or all Certification Programs without notice.
The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Service hereunder (the “Taxes”), except for Taxes imposed on our income. If you are located in a jurisdiction which requires you to deduct or withhold Taxes or other amounts from any amounts due to us, please notify us, in writing, promptly and we shall join efforts to avoid any such Tax withholding, provided, however, that in any case, you will bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Fees, payable by you.
4. User Generated Content
4.1. When you provide content to any Certification Program, such as by uploading information, comments, posts, etc., you warrant that any content you submitted to any Certification Program does not and shall not (a) infringe or violate any patents, copyrights, trademarks or other Intellectual Property Rights (as defined under the monday.com Terms of Service), proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable data protection or privacy legislation; (c) be offensive, unlawful, violates export control laws, threatening, pornographic, harassing, hateful, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is in any way inappropriate; (d) promotes illegal activities or violates export control laws; or (e) is otherwise malicious or fraudulent.
4.2. We reserve the right to review any content submission, reject, remove or make any edits or adjustment as we deem fit, at our sole discretion. Please be advised that we are not obligated to review any content. We will not assume any responsibility or liability for your content, including, but not limited to, any data contained therein, and you shall be solely responsible for such content and the consequences of publishing, using, disclosing, storing or transmitting Spaces.
4.3 You acknowledge and agree that we may keep your content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that your content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of monday.com, its users and the public.
5. Acceptable Use; Code of Conduct
You acknowledge and agree that your use and participation in any Certification Program shall be at all times in accordance with monday.com Acceptable Use Policy and Event Code of Conduct.
6. Recording.
You authorize us to record your participation in Certification Program workshops (“Recordings”). You understand that we are the owners of all rights, including copyrights and derivative rights in the Recordings. We may use the Recordings or any part thereof, at its discretion, on monday.com’s marketing channels in any media, including its website, social media channels, presentations, and advertisements.
7. Certification Program Cancellation; Postponement
We reserve the right to cancel, postpone or deny access to any Certification Program for any reason at any time and without notice, including, but not limited to due breach of these Terms. In no event will any cancellation, access denial and/or postponement will relieve you from your obligation to pay any Fees payable to us.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Miscellaneous”) and you will still be liable for obligations incurred before these Terms or access ended.
In the event of a cancellation or postponement of any Certification Program workshop (i.e. an in-person Certification Program), including, but not limited to due to a Force Majeure Event, our sole liability to you and your exclusive remedy will be either, at monday.com sole discretion (a) a refund of the Fees paid prior to such cancellation or postponement; or (b) Participation in an alternate Certification Program to be held in later date. In such case, your Fees shall be transferred and used for the delayed Certification Program. It is hereby clarified that monday.com shall not be held liable in connection to any costs (including, but not limited to, travel costs), liabilities, either direct or indirect or consequential damages (including without limitation, loss of profits, loss of business opportunity, or loss of data) arising from or in connection with any cancellation and/or postpone of any Certification Program. “Force Majeure Event” shall mean, acts of God, actions of any governmental body (de jure or de facto) (including rule, order, regulation, or direction of a government or local governance body or of any department, agency or commission thereof, whether foreign or domestic, or a competent international organization) or acts of public enemy, war (whether declared or not), sensitive security situation, riots, strikes, embargoes, epidemic, pandemic, COVID-19, quarantine, export or import restrictions or quotas, boycotts, sanctions, strikes, fire, earthquake or other natural disasters.
8. Indemnification
You agree to indemnify, defend and hold harmless monday.com and any Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of any Certification Program, including, but not limited, whether online or physical, Content, use of the Certification Programs website, any assistance, consultation or services provided by us or Third Parties in relation to the Certification Programs, any alleged unauthorized use or participation in a Certification Program, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record.
9. DISCLAIMER OF WARRANTIES
CERTIFICATION PROGRAMS, ALL CONTENT (REGARDLESS OF WHO GENERATES IT), WEBSITE FUNCTIONALITY, OFFERRING, ASSISTANCE, CONSULTATION, ACTIVITIES, AND CERTIFICATION PROGRAMS PROVIDED BY monday.com OR BY ANY THIRD PARTY (collectively, “COMPLETE CERTIFICATION PROGRAM”) ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE CERTIFICATION PROGRAM IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE CERTIFICATION PROGRAMS. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER monday.com NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR LOST OPPORTUNITY OR LOST BUSINESS, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE CERTIFICATION PROGRAMS OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
11. EXCLUSIVE REMEDY; DAMAGE LIMITATION
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE TO YOU (OR OTHERS RELATED TO YOU) BY monday.com OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE CERTIFICATION PROGRAM, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT, COURSE OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) ONE-HUNDRED USD (US $100). THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED IN SECTIONS 9 AND 10 AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Amendments
You agree that from time to time we may alter these Terms, including but not limited to the Privacy Policy, and including adding or eliminating all or parts of provisions (“Amendments”). You also understand that monday.com may, at any time, initiate programs or courses on terms that may differ from those contained in these Terms. Amended versions of these Terms will take effect on the date specified for the amended version (“Effective Date”) and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Site, and each time you visit you will be subject to the version of the Terms in effect on your visit. Those terms will change from time to time and the changes will be effective when they appear in a replacement version of these Terms.
Each time you return to the Certification Program site, you are responsible for checking the effective date of the then posted version of these Terms – if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT, ANY SERVICES OR ASSISTANCE.
13. Governing Law and Exclusive Jurisdiction
These Terms are governed by the laws of the State of Israel, without regard to its choice of law provisions. You hereby consent to exclusive jurisdiction of the competent courts of Tel-Aviv-Jaffa, Israel.
14. Miscellaneous
These Terms, including monday.com Terms of Service and Privacy Policy, amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Certification Program or any Content, service or other activity; constitute the entire agreement between you and monday.com regarding your use or participation in Certification Programs or the subject matter constitute your engagement with monday.com with respect to such Certification Programs. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. The terms of this Section 14, 1, 2, 4, 6 and 8 through 11, and our rights under monday.com Terms of Service Privacy Policy will survive termination or cancellation of these Terms. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.