Terms and Conditions
These Terms and Conditions govern the relationship between Zabbix and any Customer or Participant using this Website. By accessing or using this Website, the Customer and/or Participant agree to comply with and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you must immediately cease using the Website.
By accepting these Terms and Conditions, Customer (i) represents that Customer is fully capable and authorized to represent and bind itself or its company and (ii) Customer accepts that if Customer is agreeing to these Terms and Conditions not as an individual but on behalf of its company, then Customer is binding its company to these Terms and Conditions, furthermore (iii) Customer states that Customer purchases Training Services only for its business purposes and Customer accepts that Customer does not qualify as a “consumer”.
No part of this Website shall constitute a contractual offer capable of acceptance. Any Order placed by the Customer constitutes an offer to enter into a contract, which Zabbix may accept or reject at its sole discretion. A binding contract shall be formed only when Zabbix issues a confirmation email to the Customer indicating acceptance of the Order.
1. DEFINITIONS
1.1 “Account": means collectively the personal information, Payment Information and credentials used by Users to access Content and / or any communications System on the Website;
1.2 "Certificate of Participation" means an attendance certificate for attending the Training course. The Attendance Certificate does not certify a Participant’s skills or knowledge in operating the Software, only attendance, and there are no exam requirements necessary to earn the Attendance Certificate. Only Participants attending at least 80 (eighty) percent of the Training course will receive the Attendance Certificate;
1.3 "Certificate of Completion" means a certificate of completion of the Training course attesting the level of Participant’s skills and knowledge in operating the Software. Participants successfully passing the Exam will receive the Course Certificate;
1.4 "Customer" means either (i) a legal entity which uses the Software, and intends to purchase Training Services for its personnel, or (ii) an individual, which intends to purchase Training Services only for its business purposes and does not qualify as a “consumer”;
1.5 "Exam" means an exam forming an integral part of certain Training courses to test the Participants’ skills and knowledge in operating the Software acquired during the Training course.
1.6 "Invoice" means a commercial document issued by Zabbix to Customer, indicating the Training course to be provided, price, and payment terms;
1.7 "OFAC" means the U.S. Department of the Treasury’s Office of Foreign Assets Control.
1.8 “Order” means a request submitted by the Customer to purchase a Training course or Zabbix Academy subscription through the Website, which, upon submission, constitutes the Customer’s offer to enter into a contract with Zabbix for the provision of the selected Training course or Zabbix Academy subscription, subject to these Terms and Conditions;
1.9 "Participant" or "Participants" means either (i) Customer’s personnel using Training Services, or (ii) Customer using Training Services as an individual;
1.10 “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, address and registration number;
1.11 "Personal Data" means information provided by the Participant and Customer that may include the Participant’s name, employer/company, email address, phone number;
1.12 “Purchase Order” means the written order(s) submitted by Customer, or any third party to whom Customer has authorized to submit written order(s) on Customer’s behalf, to Zabbix which identifies the Training Services the Customer desires to obtain from Zabbix.
1.13 "Restricted Person" means (i) any country or territory which is or becomes prohibited under Sanctions; (ii) person or entity owned or controlled by or acting on behalf of the government which is or becomes prohibited under Sanctions; (iii) person designated under Sanctions or SDN List; or (iv) any entity that is 50% or more owned or controlled by any of the foregoing.
1.14 "Sanctions" means trade and economic restrictions that include the following: (i) restrictions imposed by the Republic of Latvia, the United Nations Organization, and the European Union; (ii) restrictions imposed by the Member States of North Atlantic Treaty Organization, including but not limited to the United States and the United Kingdom, and which are directly applicable in Latvia; (iii) other applicable export controls and trade and economic sanctions.
1.15 "SDN List" means the OFAC’s Specially Designated Nationals and Blocked Persons List.
1.16 "Software" means Zabbix Monitoring Solution software developed by Zabbix SIA. Software is released under the terms of the open source software license applicable to the relevant version of the Software. More detailed information about the open source software licenses applicable to relevant Software’s versions is available at https://www.zabbix.com/license;
1.17 “Subscription Plan” means an annual plan granting the Customer and/or Participant an access to Training courses and Training Materials during the subscription period.
1.18 "System" means any online communications infrastructure that Zabbix makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards and email links;
1.19 “Training course" means any of the self-paced courses provided by Zabbix and made available for purchase through the Website, as described in the (https://academy.zabbix.com);
1.20 “Training Materials” means Training course’s materials, which include the text, graphics, information, data, verbal/audio/video presentations and files, e-books, comments, drawings, Exam questions and Exam answers, and other training content, lab manuals and practical tasks, and Training courses themselves;
1.21 "Training Services" means self-paced training course or self-paced training subscription that is provided by Zabbix via Zabbix Academy to the Customer in a form of Training courses and Exams online to enhance and confirm the Participant’s knowledge and skills in operating the Software;
1.22 "Training Services Fee" means the price of the Training Services.
1.23 “Website” the website (https://academy.zabbix.com) and any sub-domains of this site expressly excluded by their own terms and conditions;
1.24 "Zabbix" means either (i) Zabbix SIA, a limited liability company registered in the Register of Enterprises of the Republic of Latvia with registration number 40003738045, or (ii) the affiliate of Zabbix SIA in the United States of America, Zabbix LLC with registered address at 211 E 43rd Street, Suite 7-100, New York, NY 10017, USA. The relevant Zabbix entity must be specifically identified in the document issued by Zabbix to Customer or executed between Zabbix and Customer.
2. CUSTOMER’S OBLIGATIONS
2.1. Customer must ensure the Participant’s familiarization with these Terms and Conditions and the Participant's compliance with them.
2.2. Customer must carefully read these Terms and Conditions under which Zabbix provides Training Services to the Customer and grants professional certification to Participants.
2.3. Customer, prior to enrolling into the selected Training course or Exam, must verify whether the Participant’s level of previous knowledge and certification corresponds to level required for the relevant Training course or Exam.
2.4. Customer must inform the Participants prior to enrolling into the selected Training course or Exam that Training courses and Exams are not adapted to Participants having any differences causing the Participant difficulty receiving information by hearing or sight, because the Participant is partially sighted, or deaf, or has partial hearing. Consequently, the Participant having such difficulties receiving information cannot successfully participate in the Training course or take the Exam.
3. TYPES OF CERTIFICATES AND CRITERIA FOR OBTAINING THEM
3.1. The Certificate of Participation does not certify a Participant’s skills or knowledge in operating the Software. It only confirms attendance, and there are no exam requirements necessary to earn the Certificate of Participation. The Certificate demonstrates that the Participant has completed the required self-paced course activities, but it does not verify or validate the Participant’s knowledge of the subject matter.
3.2. The Certificate of Participation will be issued only to Participants who (i) watch at least seventy percent (70%) of the video material, and (ii) complete all sections within each module of the Training course.
3.3. The Participant will receive the Certificate of Participation in an electronic format regardless of whether the Participant passes the Exam or not.
3.4. Participants who successfully pass the Exam, which forms an integral part of certain Training courses, will receive a Certificate of Completion. This Certificate of Completion attests to the Participant’s skills and knowledge in operating the Software, in contrast to the Certificate of Participation, which confirms only attendance.
3.5. To receive a Certificate of Completion, the Participant must (i) complete all course modules in order to unlock the Exam; (ii) achieve a score of at least seventy percent (70%) on the Exam.
3.6. The result of the Exam is calculated by the system automatically and is available right after the Exam. The Participant will receive the Certificate of Completion in an electronic format immediately after successfully passing the Exam.
3.7. Each Participant is entitled to one Exam attempt per Training course. In the event of an unsuccessful attempt, the Participant may purchase a reattempt by contacting sales@zabbix.com
3.8. Zabbix makes no warranty as to the Participant’s results to be attained by completing the self-paced Training course or use of Zabbix’s technical education materials.
4. USE, TERMINATION AND CANCELLATION OF ACCOUNT
4.1. To purchase Training Services on this Website and access certain features of the System, the Customer and/or Participant is required to create an Account. The Account will contain certain personal details and, where applicable, Payment Information. Zabbix may not require Payment Information until the Customer and/or Participant intends to make a purchase.
4.2. By continuing to use this Website and creating an Account, the Customer and/or Participant represents and warrants that all information submitted is accurate and truthful, that they have permission to submit any Payment Information where required, and that they will keep such information accurate and up-to-date.
4.3. The Customer and/or Participant must not share their Account details, including username and password, with any third party. Zabbix shall not be liable for any losses or damages resulting from the sharing of Account details by the Customer and/or Participant. If using a shared computer, it is recommended that Account details are not saved in the internet browser.
4.4. If the Customer and/or Participant has reason to believe that their Account details have been accessed by an unauthorized person, they must contact Zabbix immediately to suspend the Account and cancel any unauthorised orders or payments. Please note that orders or payments can only be cancelled prior to the commencement of the provision of Services. In the event that Services begin before Zabbix is notified of the unauthorised order or payment, the Customer and/or Participant shall be liable for charges from the commencement of the Services until the date of notification and may also be charged for one full billing cycle, if applicable.
4.5. Either Zabbix or the Customer and/or Participant may terminate the Account. If Zabbix terminates the Account, the Customer and/or Participant will normally be notified by email, and an explanation for the termination may be provided.
4.6. Zabbix reserves the right to terminate the Account without providing reasons. In the event of termination by Zabbix, any current or pending orders or payments associated with the Account will be cancelled, and the provision of Training Services will not commence.
5. TRAINING SERVICE AVAILABILITY
5.1. While every effort has been made to ensure that general descriptions of Training Services provided by Zabbix accurately reflect the Training Services to be delivered, Zabbix shall not be liable for any variations in these descriptions. The exact nature of the Training Services may vary depending on the Customer’s and/or Participant’s individual requirements and circumstances. This limitation does not exclude liability for mistakes resulting from Zabbix’s negligence and applies only to variations of the correct Training Services, not to the provision of entirely different Training Services.
5.2. Where applicable, the Customer and/or Participant may be required to select the relevant type of Training Services before proceeding with the purchase or access of such service.
5.3. Zabbix does not represent or warrant that the Training Services will be available at all times and cannot guarantee availability until an Order has been confirmed. Any indications of availability are not provided on the Website and shall not be relied upon as a representation or warranty.
6. PRICING, INVOICING & SUBSCRIPTION
6.1. All Trainings Services are provided for a Training Services Fee. Full payment of the Training Services Fee must be made prior to attending any Training course, or the Exam if the Customer purchases the Exam attempt only.
6.2. The Training Services Fee varies depending on the level, duration, and format of the respective Training course or Subscription Plan. Training Services Fee for each Training course or Subscription Plan is set out on Website. Training Services Fee set out on Zabbix website is exclusive of VAT.
6.3. The Training Services Fee shall be due and payable in the currency indicated on the Website or in the Invoice. The Invoice must be paid within 3 (three) weeks from its date of issue. Training shall commence only after full payment of the Invoice has been received. Zabbix reserves the right to cancel any registration which do not meet these payment terms.
6.4. If an individual Training course is purchased, the enrolment period shall be limited to 3 (three) months from the date of the Order confirmation. This enrolment period limitation does not apply to Customers who have purchased a Subscription Plan.
6.5. Zabbix accepts Purchase Orders, if any by issuing the Invoice. The provisions of these Terms and Conditions prevail over the terms and conditions of Purchase Orders. Consequently, the terms and conditions of Purchase Orders, which are new or conflicting with those set forth in these Terms and Conditions, will not apply.
6.6. No part of this Website constitutes a binding contractual offer. Any Order placed by Customer constitutes an offer to enter into a legal transaction, which Zabbix may, at its sole discretion, accept or reject. A legal transaction shall be formed only upon Zabbix sending Customer an Order confirmation email. Until such confirmation is issued, no legal transaction shall be deemed to exist between Zabbix and the Customer.
6.7. Order confirmations will be sent to the Customer before the Training Services begin and shall contain the following information:
6.7.1. Confirmation of the access to Training Services ordered including full details of the Training Services ;
6.7.2. the Training Services Fee for the Training Services ordered including, where appropriate, taxes, delivery and other additional charges;
6.7.3. Relevant times and dates for the provision of the Training course;
6.7.4. Customer/Participant credentials and relevant information for accessing Training course.
6.8. If Zabbix for any reason, do not accept the Order, no payment shall be taken under normal circumstances. In any event, any sums paid by Customer in relation to that Order will be refunded within fourteen (14) calendar days.
6.9. The Subscription Plan shall be valid for 1 (one) year. During the active subscription period, the Customer or Participant shall have access to the Training courses and related materials available in Website’s training library. Zabbix may, at its sole discretion, add new Training courses and Training Materials during the subscription period. Customers or Participants with an active Subscription Plan will automatically be granted access to such newly added Training courses and Training Materials.
6.10. If a Subscription Plan is purchased using a payment card, the renewal payment will be charged automatically upon renewal. If the Subscription Plan is purchased by Invoice, renewal must be requested by contacting sales@zabbix.com
6.11. The Training Service Fee shall be charged using the payment method selected by the Customer, immediately for any applicable setup fee corresponding to the purchased Training course, on the same day of each subsequent month (“billing cycle”) for charges accrued during the previous billing cycle, and/or as otherwise specified in the order confirmation received by the Customer.
6.12. Zabbix aim to fulfill your Order within 3 (three) working days or if not, within a reasonable period following the order, unless there are exceptional circumstances. If Zabbix cannot fulfill the order within a reasonable period, Customer will be informed at the time you place the order by a note on the relevant web page or by contacting Customer directly after Order is placed.
6.13. Zabbix will use reasonable efforts to fulfill the Customer’s Order within any agreed timescales; however, time shall not be of the essence, and Zabbix shall not be liable for any delay in fulfilling the order. If the Services are to commence within fourteen (14) calendar days of Zabbix’s acceptance of the order at the Customer’s express request, the Customer shall be required to expressly acknowledge that their statutory cancellation rights, as set out in Clause 7 below, will be affected.
6.14. All pricing information on the Website is correct at the time of going online. Zabbix reserve the right to change Training Services Fee and alter, add or remove any special offers from time to time and as necessary. If the Training Services Fee change between the time the Customer places an Order for the Training Services and the time Zabbix processes that Order and takes payment, the Training Services Fee applicable shall be the one in effect at the time the Order was placed.
6.15. The Training Services Fee is nonrefundable except as otherwise specifically permitted in these Terms and Conditions.
6.16. Zabbix provides support via our online support via email training@zabbix.com. Zabbix makes every effort possible to respond in a timely manner, but we do not guarantee a particular response time; however, the typical response time falls within 24 hours.
7. CANCELLATION OF ORDER AND TRAINING SERVICES
7.1. There are no refunds for partial completion of the Training course.
7.2. If the Customer and/or Participant is a consumer based within the European Union, they have a statutory right to a “cooling-off” period of fourteen (14) calendar days. This period begins once the Order is confirmed and the contract between Zabbix and the Customer and/or Participant is formed.
7.3. Notwithstanding the above, the cooling-off period does not apply to Training Materials which are delivered in a downloadable format or accessed online, and can be used immediately after download or once the Participant has been granted access. This applies if the Participant has expressly agreed to the commencement of the download or access before the end of the cooling-off period and has acknowledged that their statutory right of withdrawal will be lost as a result.
7.4. If Participant wishes to cancel any other order within the cooling-off period, please inform Zabbix immediately by email at: training@zabbix.com
7.5. If it is determined that the Exam result was obtained by way of irregularities or unfair advantage, then such Exam will be deemed to have been cancelled; and, therefore, no refund will be granted for such Exam.
7.6. If, the Participant fails to attend the Exam, then the Exam attempt will be lost and nonrefundable. The Participant’s right to take the Exam cannot be transferred to another person.
7.7. Zabbix’s liability for the unilateral cancellation will be limited to the refund of Training Services Fee paid for the cancelled Training course. Zabbix will not be liable for any other expenses incurred by the Customer and / or the Participant due to Zabbix’s unilateral cancellation of the Training course.
8. CODE OF CONDUCT FOR PARTICIPATION IN THE TRAINING COURSE AND EXAM
8.1. The Customer and/or Participant must comply with these Terms and Conditions regardless of the form of the Training Services. When using any System on the Website, the Customer and/or Participant must do so in accordance with these Terms and Conditions; failure to comply may result in the suspension or closure of their Account.
8.2. The Customer and/or Participant acknowledge that Zabbix reserves the right to monitor any communications made to Zabbix or through the System and may retain copies of such communications.
8.3. The Customer and/or Participant acknowledge that any information submitted to Zabbix through the System may be modified by Zabbix. By submitting such information, the Customer and/or Participant irrevocably waive any moral rights to be identified as the author. Any limitations or restrictions the Customer and/or Participant wish to impose on Zabbix’s use of such information must be communicated to Zabbix in advance, and Zabbix reserves the right to decline or reject any such limitations.
8.4. It is strictly prohibited to make video and/or audio recordings during the whole period of the Training course, including during the Exam, due to considerations of protection of Zabbix copyright (please see further Section 11 “Copyright Notice”).
8.5. All Exam materials are the copyright of Zabbix and may not be published, shared, reproduced or otherwise distributed without the express written consent of Zabbix. The Participant must maintain confidentiality of, and not distribute, share or disclose any Exam materials. The Participant agrees not to discuss the content of the Exam with anyone, and that the Participant will not record, copy, or disclose any Exam question or answers, in whole or in part, directly or indirectly, in any form or by any means whatsoever. Additionally, the Participant represents that the Participant has not received Exam questions or answers from others.
9. TECHNICAL REQUIREMENTS FOR PARTICIPATION IN THE TRAINING COURSE AND EXAM
9.1. Participants must have access to a personal computer, laptop, tablet, or mobile device with a stable internet connection, including audio capability, in order to participate in the Training course and Exam.
9.2. The Training course may include video lectures, which require appropriate hardware and software to view and access the content.
9.3. Where applicable, for the completion of practical tasks, Participants will be required to install the Software on a personal computer or laptop in accordance with the instructions provided by Zabbix in the “Get Ready” section of the relevant Training course.
9.4. It is the responsibility of the Participant to ensure that the necessary technical requirements are met. Zabbix shall not be liable for any inability to access or complete the Training course or Exam resulting from the Participant’s failure to meet these requirements.
10. PROVIDING FEEDBACK REGARDING THE TRAINING COURSE
10.1. The Participant’s satisfaction with the quality of the Training Services provided by Zabbix is very important to Zabbix. Thus, after participating in the Training course, as a prerequisite to be eligible for taking the Exam, each Participant will be asked to submit an evaluation of the Training course that the Participant has attended through an online form giving the Participant’s opinion on organization of the training, quality of materials and skills of the Trainer.
10.2. The Participant’s feedback will be used to measure and to improve the quality of Training Services. Zabbix at its own discretion may share this information in an anonymized and aggregated form.
11. COPYRIGHT NOTICE
11.1. All Training Materials are the copyright of Zabbix and may not be published, shared, reproduced, or otherwise distributed or disseminated without the express written consent of Zabbix.
11.2. The Participant must maintain the confidentiality of, and not distribute, share, or disclose any Training Materials.
11.3. The Training course is intended only for the officially enrolled Participant. The Participant is not allowed to share Participant’s credentials for attending the Training course, to allow others to join and take part, or otherwise make use of Training Materials.
11.4. All Training Materials made available to the Participant during the Training course may be used solely by the Participant enrolled in the relevant Training course for personal and educational purposes only; and, therefore, the Training Materials cannot be shared with anyone even for educational purposes, including co-workers of the Participant. Training Materials provided to the Participant should be treated as confidential information shared with the Participant only for the purpose of participation in the Training course.
11.5. The unauthorized use of the Training Materials is prohibited and constitutes a copyright infringement. Transfer of Training Materials to third parties (including in a corrected form), publication, any distribution of Training Materials in print, electronic or any other form, without the prior express written consent of Zabbix, is strictly prohibited.
11.6. No part of the Training Materials may be reproduced, transmitted, or published in any form or by any means, electronic or mechanical, including photocopying, audio/video recordings, and other ways of capturing (e.g., print screen) and storing by any information storage and retrieval system, without express written permission from Zabbix.
11.7. The unauthorized disclosure of the Training Materials by Customer or Participant may result in a lawsuit that may result in Customer paying monetary damages or in Customer being subject to criminal penalties, and revocation of Participant’s certifications.
11.8. The Training Materials are protected by watermarks and copyright statements. It is prohibited to remove any of the watermarks and copyright statements, or in any other way to amend or change the content or appearance of the Training Materials.
12. PERSONAL DATA PROCESSING
12.1. Zabbix is committed to protecting the privacy of Personal Data of the Participants under the EU General Data Protection Regulation 2016/679 (GDPR). For the purposes of GDPR, Zabbix will be the controller of Personal Data of the Participants.
12.2. Zabbix collects Personal Data that the Participant provides to Zabbix when the Participant completes registration and/or purchase forms.
12.3. Zabbix will use Personal Data:
12.3.1. for the purpose of general administration and arrangement of Training courses and Exams:
The legal basis for such Personal Data processing is to fulfil the contractual obligations of Zabbix.
12.3.2. to process Orders and payments and issue an Invoices:
-Zabbix will use the Participant’s Personal Data to provide an opportunity to register for the Training courses and Exams, process an Order for the Training course or Exam, and to process the payment.
-The legal basis for such Personal Data processing is to fulfil the contractual obligations of Zabbix.
12.3.3. to issue Certificate of Participation and Certificates of Completion.
-Zabbix will use the Participant’s Personal Data to assess the Participant’s attendance and Participant’s Exam’s performance and to issue a Certificate of Participation and Certificate of Completion.
-The legal basis for such Personal Data processing is to fulfil the contractual obligations of Zabbix.
12.3.4. for the purpose of direct marketing activities, that is, for providing with Zabbix marketing communications (including newsletters) and information about Zabbix services (training courses, technical support services), products (release of new Zabbix Monitoring Solution software versions), Zabbix events (annual Zabbix Summit, Zabbix Conferences, Zabbix Meetups Online), and latest offers in the context of a customer relationship.
-The legal basis for such Personal Data processing is Zabbix’s legitimate interest under point (f) of Article 6 (1) of GDPR.
-The Participant has the right to object at any time to such processing of Personal Data under Article 21 (2) of GDPR.
13. SANCTIONS
13.1. The Customer and Zabbix shall comply with all applicable Sanctions.
13.2. The Customer must not do anything which would cause Zabbix to be in breach of applicable Sanctions.
13.3. Zabbix will not provide Training courses to or make with Restricted Persons any transactions related to provision of Training courses.
13.4. The Customer represents that it, its beneficial owners, and directors are not and have not in the past been identified as a Restricted Person.
13.5. Should a Customer, or any of its beneficial owners or directors be identified as a Restricted Person, the Customer shall promptly notify Zabbix of it in writing. Upon receipt of such notice, Zabbix may and hereby reserves its rights to take steps necessary to comply with applicable laws related to Sanctions compliance.
13.6. If a Customer, or any of its beneficial owners or directors, is determined at any time to be an individual, entity, or organization with whom Zabbix is prohibited from dealing by Sanctions, including without limitation, names appearing on the SDN List, then the Customer will be deemed to be in material breach of this Section 13 and Zabbix may terminate provision of Training Services immediately, without an obligation to refund any amounts of the prepaid Training Services Fee for Training Services paid and not received by the Customer.
14. FORCE MAJEURE
Zabbix is not responsible for any delay or failure to perform any of its obligations under these Terms and Conditions due to any cause beyond its reasonable control including, without limitation, strikes, lockouts, fire, failure of the public electricity supply, acts of government or public authority, war, acts of terror, riot, acts of nature, or any acts or omissions of Participant and/or Customer, including but not limited to, the failure of the Customer to make payments when due.
15. GOVERNING LAW AND JURISDICTION
15.1. Any dispute that may arise out of or in connection with the Training Services must be settled exclusively in accordance with the substantive law of the Republic of Latvia, without giving effect to any of the conflicts of law principles which would result in the application of the substantive law of another jurisdiction.
15.2. The dispute will be settled by the Latvian courts with Riga City Vidzeme District Court as the court of first instance.
16. CHANGES
This version supersedes any previously existing version. Zabbix reserves the right to update these Terms and Conditions from time to time and/or to supplement them with additional terms or conditions specific to Training Services as it may deem appropriate. If Zabbix amends these Terms and Conditions in a manner that materially reduces the level or quality of Training Services, Zabbix will notify the Customer with at least thirty (30) days prior notice. Where the Customer raises no objections within the period specified above, it shall be assumed that the Customer has consented to the amendments.
17. LIMITATION OF LIABILITY
17.1. To the maximum extent permitted by law, Zabbix shall not be liable for any direct or indirect loss or damage, whether foreseeable or not, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. The Customer and/or Participant uses the Website and its Training Materials at their own risk.
17.2. Zabbix’s liability for any direct or indirect loss or damage arising from the incorrect provision of Training Services, or reliance on incorrect information included on the Website, is not excluded or limited.
17.3. Nothing in these Terms and Conditions is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.
18. WEBSITE USE, AVAILABILITY, AND EXTERNAL LINKS
18.1. The Website is provided “as is” and on an “as available” basis. Zabbix uses industry best practices, including a fault-tolerant cloud-based architecture, to ensure high uptime. However, Zabbix does not warrant that the Website or its Facilities will be free from defects or faults and provides no refund for any outages. Zabbix makes no warranties, whether express or implied, regarding fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.
18.2. Zabbix shall not be liable for any disruption or unavailability of the Website caused by external factors, including, but not limited to, ISP or host equipment failure, communications network failure, power outages, natural events, acts of war, legal restrictions, or censorship.
18.3. The Website may contain links to third-party websites. Unless expressly stated, such websites are not under the control of Zabbix or its affiliates, and Zabbix assumes no responsibility for their content. Zabbix disclaims any liability for any loss or damage arising from the use of such websites. The inclusion of a link to a third-party website does not imply endorsement of the website or its operators.
18.4. Links to this Website may only be made to the home page at academy.zabbix.com without prior permission. Any deep linking (i.e., linking to specific pages within the site) requires the express written consent of Zabbix. For inquiries regarding linking, please contact training@zabbix.com
18.5. Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is exclusively between the Customer and/or Participant and Zabbix.
19. DISCLAIMER
19.1. Zabbix makes no warranty or representation that the Website will meet the Customer’s and/or Participant’s requirements, that it will be of satisfactory quality, fit for a particular purpose, free from infringement of third-party rights, compatible with all systems, secure, or that all information provided will be accurate. Zabbix does not guarantee any specific results from the use of the Website or the Training Services.
19.2. Nothing on the Website constitutes advice, and the Content should not be relied upon when making decisions or taking any action. No part of the Website is intended to constitute a contractual offer capable of acceptance.
19.3. While Zabbix uses reasonable endeavours to ensure that the Website is secure and free from errors, viruses, and other malware, the Customer and/or Participant is responsible for maintaining their own internet security, as well as the security of their personal information and devices.
20. OTHER PROVISIONS
20.1. All notices or communications under these Terms and Conditions shall be sent by email to training@zabbix.com. Notices sent by email shall be deemed received on the day of sending if received in full on a business day, or on the next business day if sent on a weekend or public holiday.
20.2. Zabbix may, if the Customer and/or Participant has opted to receive them, send information regarding Zabbix SIA products and/or services. Customers and/or Participants may opt out at any time by clicking the ‘Unsubscribe’ link included in any marketing email.
20.3. In the event of any conflict between these Terms and Conditions and any prior versions, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
20.4. The failure of any party to exercise any right or remedy under these Terms and Conditions shall not be construed as a waiver of that right or remedy.
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