Terms and Condition
Acceptance of this Agreement
By clicking on the 'SIGNUP' option, the participant ("You" or
"Your") agrees to the Terms and Conditions, obligations,
representations, warranties, and agreements contained herein (the
"Agreement"). In the event, You are not willing to accept the
Agreement, You shall not be authorized or allowed to proceed further to view or
use in any manner any content, information, courseware, products, and services
("Services") published, available, or provided on the following:
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your user ID
and password ("Participant Account") are for Your exclusive use only.
Use or sharing of Your Participant Account with another user is not permitted
and is cause for the immediate blocking of Your access to the Website, the Services, and the Content, the Courseware including but not limited to video courseware and termination of this Agreement. You agree that You are solely responsible for
maintaining the confidentiality of Your Participant Account and for all
activities that occur under it. You agree to immediately notify our Help and
Support Team if You become aware of or have reason to believe that there is any
unauthorized use of Your Participant Account. You also agree to take all
reasonable steps to stop such unauthorized use and to cooperate with Us in any
investigation of such unauthorized uses. We shall not under any circumstances
be held liable for any claims related to the use or misuse of Your Participant
Account due to the activities of any third party outside of our control or due
to Your failure to maintain the confidentiality and security of Your
Participant Account.
Content and Courseware
As a part of our Services offered through our Website, We shall grant you
access to our content, courseware, practice tests, and other information,
documents, and data which may be in audio, video, written, graphic, recorded,
photographic, or any machine-readable format in relation to the specific
certification training course You have registered for ("Content and
Courseware"). We reserve the right to amend, revise or update the Content
and Courseware offered to You. However, you don’t have the right to change our
logo or any other aspect of the Content that will remove Us from the Content.
In the event such an amendment, revision, or updation occurs, We may require you to pay an additional fee to access such amended, revised, or updated Content and
Courseware.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and
revocable license to use the Website, the Services, and the Content and
Courseware offered through the Website till the time the completion of the
certification training course that You have enrolled for or the termination of
this Agreement according to the Terms and Conditions set forth herein,
whichever is earlier. The Services and the Content and Courseware are provided
solely for Your personal and non-commercial use to assist you in completing the
certification training course You have registered for ("Restricted
Purpose"). You are permitted online access to the Website, the Services,
and the Content and Courseware and may download, save, or print the Content and
Courseware solely for the Restricted Purpose. You are not permitted to
reproduce, transmit, distribute, sub-license, broadcast, disseminate, or
prepare derivative works of the Content and Courseware, or any part thereof, in
any manner or through any communication channels or means, for any purpose
other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the
Services, and the Content and Courseware for the Restricted Purpose as set
forth in this Agreement, You acknowledge and agree that We are the sole and
exclusive owner of the Website, the Services, and the Content and Courseware and
as such are vested with all Intellectual Property Rights and other proprietary
rights in the Website, the Services, and the Content and Courseware. You
acknowledge and agree that this Agreement other than permitting You to use the
Website, the Services, and the Content and Courseware for the Restricted
Purpose does not convey to You in any manner or form any right, title, or
interest of proprietary, or any other nature in the Website, the Services,
and the Content and Courseware. Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other
promotional material used by Us. Further, We may use Your personal information
to inform You about other certification training courses offered by Us.
However, We shall not distribute or share Your personal information with any third-party marketing database or disclose Your personal information to any third
party except on a case-to-case basis after proper verification of such third
party or if required under any applicable law.
Limitation of Liability
You expressly agree that the use of the Website, the Services, and the Content and
Courseware are at Your sole risk. We do not warrant that the Website or the
Services or access to the Content and Courseware will be uninterrupted or error-free; nor is there any warranty as to the results that may be obtained from the
use of the Website, the Services, or the Content and Courseware or as to the
accuracy or reliability of any information provided through the Website, the
Services, or the Content and Courseware. In no event will We or any person or
entity involved in creating, producing, or distributing the Website, the
Services, or the Content and Courseware be liable for any direct, indirect,
incidental, special, or consequential damages arising out of the use of or
inability to use the Website, the Services, or the Content and Courseware. The
disclaimer of liability contained in this clause applies to any and all damages
or injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft, or destruction or unauthorized access to,
alteration of, or use of records or any other material, whether for breach of
contract, negligence or under any other cause of action. You hereby specifically
acknowledge that We are not liable for any defamatory, offensive, wrongful, or
illegal conduct of third parties, or other users of the Website, the Services, or the Content and Courseware and that the risk of damage or injury from the
foregoing rests entirely with each user. You agree that Our liability or the
liability of Our affiliates, directors, officers, employees, agents, and
licensors if any, arising out of any kind of legal claim (whether in contract,
tort, or otherwise) in any way connected with the Services or the Content and
Courseware shall not exceed the fee you paid to Us for the particular
certification training course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this
Agreement by Your clicking on the "I ACCEPT" button or by signing up
on our website and, subject to the terms and conditions of this Agreement, will
remain in effect till You maintain a current, fully paid up online Participant
Account, or until terminated by Us, whichever is earlier. We reserve the right
to terminate this Agreement and block Your access to the Content and Courseware
with immediate effect by sending a written notice through email to You to this
effect ("Immediate Termination Date") if such termination is made as
a result of Your misrepresentation, default, misconduct, or breach of Your
obligations related to or under this Agreement ("Event of Default").
On the occurrence of any Event of Default, We shall be authorized to exercise
all the rights and remedies under this Agreement or applicable Law or available
in equity to seek indemnification for any Loss or Claim to result from any such
Event of Default. The provisions of clause 4.3, clause 7.2, clause 8, and clause
11 of this Agreement shall survive the termination of this Agreement.
Indemnity
You agree to indemnify and hold Us, Our contractors, licensors, directors,
officers, employees, and agents, harmless from and against any and all claims,
losses, damages, liabilities, and expenses including attorneys' fees, arising
out of Your unauthorized use of the Website, the Services, and the Content and
Courseware or any violation or breach of this Agreement or any provisions
hereof.
Waiver
Neither failure nor delay on the part of any party to exercise any right,
remedy, power, or privilege hereunder shall operate as a waiver thereof, or of
the exercise of any other right, remedy, power, or privilege. No term of this
Agreement shall be deemed waived, and no breach consented to unless such
waiver or consent shall be in writing and signed by the party claimed to have
waived or consented. No waiver of any rights or consent to any breaches shall
constitute a waiver of any other rights or consent to any other breach.
Severability
In the event any provision of this Agreement is held invalid or unenforceable
under the applicable laws of India, the remaining provisions shall continue in
full force and effect, and the Agreement shall be deemed to be reformed by
replacing such invalidated or unenforceable provision with a valid and
enforceable provision that gives the effect as closely as possible to the
intentions of the parties as expressed by the invalidated or unenforceable
provision.
Governing Law and Jurisdiction
For Participants who are a resident of the U.S.A., this Agreement shall be
governed by and construed in accordance with the Laws of New York, and the
courts in New York shall have exclusive jurisdiction over any matter
relating to, in connection with, or arising out of, this Agreement. For
Participants who are not a resident of the U.S.A., this Agreement shall be
governed by and construed in accordance with the Laws of India, and the courts
in Chennai, India shall have the exclusive jurisdiction over any matter
relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without
giving any prior notification to You. We shall however publish the revised
agreement on the Website so that you are aware of the revisions, modifications, and amendments made by us to this Agreement. You acknowledge and agree that it
is your responsibility to check the Website periodically for any revisions,
modifications, and amendments. Your continued use of or access to the Website,
the Services, and the Content and Courseware following the posting of any
changes to this Agreement shall constitute acceptance of those changes. You are
not permitted to assign this Agreement or the rights and obligations mentioned
in this Agreement to any third party and You only shall be held liable for any
breach of this Agreement or any terms and conditions hereof.
Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy, Rescheduling
Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers
posted on the Website constitutes the entire agreement governing Your use of
our Website and supersedes any prior agreements, if any, relating to any matter
dealt within this Agreement.
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