ACCEPTANCE OF THE AGREEMENT
By Clicking on the “Accept” option, the participant or user (“You” or “Your”) have agreed to the Terms and conditions, obligation, representation, 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 process further to view or use the content, information, course material, products or services in any manner.
AGREEMENT ENTRY
By creating an account, “You or Your” entering in the Agreement, you acknowledge and agree that your user ID and password (“Participant Account”) is for your individual use only. Use or sharing of your user ID & password with another is strictly prohibited and will lead to blocking of your account access to the website permanently with same account.
You agree that You are the only person who is eligible for participating in for the course account provided and all the activities that occur under it. You are authorized to notify our Help and Support Team if You come to know or find some unauthorized participants do use of your Account. You also agree to take all the necessary steps to stop such unauthorized use and cooperate with the investigation made.
COURSEWARE AND CONTENT
Certification Course material which are being offered at our website, the grant shall be provided to you to access the content, course material, mock test, information, documents and all other data which may help you in audio/video/written form or any graphic form or any readable format in order ascertain the specific certification training course you have registered for (“Content and Courseware”). Delicate learning reserves the right to change, revise, amend or update the course content offered to you. In such an event, you may require to pay an additional fee for the revised, changed, amended or updated course material of “Any Form”.
USAGE OF WEBSITE
You shall be provided a personal, restricted, non-transferable, non-exclusive and commutative license to use the website, service and course content offered to you through the website for a specific or till the time completion of your certification training course that you have registered for or the termination of agreement according to the Terms and Condition set for forth herein, which is comes earlier. The course material or content is provided for your sole use and non-commercial use to assist only you in order to complete the certification training course for which you have registered for “Restricted Purpose”. You are granted access to the course material/content/ courseware and may download the courseware solely for a restricted purpose.
Any data/information related to the certification/ courseware or any part of thereof, if any manner or through any communication channel 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 Sole Purpose as set forth in this Agreement, You acknowledge and agreed 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 a 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 trait 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. Though, 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 specific basis after proper verification of such third party.
INDIVIDUAL RESPONSIBILITY
You precisely agree that use of the website, the courses, the content and the courseware are at your sole risk. We do not sanction that the website or the Services or access to the Content and Courseware will be interminable 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 derogatory, abhorrent, 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 preceding 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, violation 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 & TERMINATION
The agreement will in effect upon your acceptance of the terms & conditions of this agreement by your clicking on the “I Accept” button and subject to the terms and conditions of the 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 you account access to the courseware content with immediate effect by sending a written notice through email to you to his effect (“Immediate Termination Date”), if such termination is made as a result of your misrepresentation default, misconduct, or breach of your obligation 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.
RESTITUTION
You agree to compensate 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 here of.
POSTPONEMENT
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 null and void 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 null and void provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the null and void provision.
JURISDICTION AND LAW
For Participants who are a resident of the U.S.A., this Agreement shall be governed by and interpreted in accordance with the Laws of New York and the courts in New York shall have the 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 interpreted in accordance with the Laws of India and the courts in Bangalore, 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 here of.
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 with in this Agreement.