TERMS AND CONDITIONSSeptember 20, 2021 2021-09-20 12:28
TERMS AND CONDITIONS
TERMS AND CONDITIONS
AGREEMENT TO TERMS
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
i) The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the Services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms “Company,” “We,” “Us,” “Acmegrade,” or “Our” shall mean the Website and/or the Company, as the context so requires.
e) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
f) The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You may access some areas of our site(s) without registering. However, in order to access certain features of the Site or to post content on the Site you must register to create an account (“Account”). You must complete the registration process by providing us with current, complete and accurate information. If you choose to register you will need to provide a username and password as well as other information that is part of our registration process. You must not transmit any worms or viruses or any code of a destructive nature. Breach or violation of any of the Terms will result in an immediate termination of your Services. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. We have the right to cancel any account at any time if we believe you are not in compliance with any or all of the terms.
COURSES & OFFERED PAYMENT
Information about courses offered and prices would be provided in the Website. You agree to pay the price for the courses registered as per the pricing schedule indicated in the Site. At the time of payment, you need to provide accurate information regarding your account, including a valid credit card or debit card or net banking credentials, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with ACMEGRADE.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PROCESSING & ACCOUNT PAYMENT
We may use third party electronic payment processors and/or other institutions to process financial transactions. You irrevocably authorize us, as necessary, to instruct such to handle such transactions and you irrevocably agree that ACMEGRADE may give such instructions on your behalf in accordance with your requests as submitted on the Site.
Modification of Pricing And Billing Terms-
We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to any courses offered. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Website shall be the property of the Company and/or its affiliates, as the case may be or respective third parties. The user is not permitted to use the same.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company has the license into the trademark “ACMEGRADE”, and Company and/or its affiliates, as the case maybe owns all intellectual property rights to and the Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/ she/ it shall not use, reproduce or distribute any content from the Website belonging to Company and/or its affiliates.
The users agree and acknowledge that any infringement of the intellectual property rights of the Company and/or its affiliates will result in legal action against the user.
Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other Websites linked to the Website that you may find or access. It is Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.
We may change this Policy at any time, in particular as needed to comply with the rules and regulations of the various governmental and regulatory organizations, or to comply with applicable laws and regulations. The revised version will be effective at the time we post it on the website or inform the User. If a User uses the Services or accesses the website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of ACMEGRADE, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ACMEGRADE will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from ACMEGRADE on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).
Usage of Website
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company.
b) agrees not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 12 herein below.
c) The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the Products/Services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their Products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
d) In places where the Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
e) Further undertakes not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
- Collect or store data about other users of the Website.
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or Service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the Services of its internet Service provider (“ISP”) or in any manner disrupts the Services of any other supplier/Service provider of the Company/Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any Products or Services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the expressed prior written consent of the Company.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
- a) If the User is in breach any of these Terms or other policies of the Website;
- b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
- c) If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfillment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of Service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Products, Services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding
You agree to ACMEGRADE sending you notifications and important messages from time to time via its websites, mobile applications, and email to provide you a better experience with the services provided by us. You agree that we may provide notices to you on our website, or through an email sent to an email address you provided, or through other means including but not limited to your mobile number, telephone, or email. You agree to keep your contact information up to date.
NO REPRESENTATIONS OR WARRANTIES-
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this website may direct you to third-party apps/websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or apps/websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party apps/websites. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement. In no case shall ACMEGRADE PRIVATE LTD., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CHANGE OR TERMINATION
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Karnataka, India, and that the Courts at Karnataka shall have exclusive jurisdiction over any disputes arising between the Parties.
ACMEGRADE shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due/Speed Post Acknowledgement Due .
If any provision/sections of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/sections of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
These terms and conditions, together with our privacy, disclaimer and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Notwithstanding anything to the contrary herein, ACMEGRADE will not be held liable for any delay or failure in performance or non-availability of the services resulting, directly or indirectly, from acts of nature, events, omissions, accidents or causes beyond its reasonable control, including, but not limited to, internet failure, network or computer equipment failures, telecommunication equipment failure, electrical power failures, strikes, lock-outs or other industrial disputes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, breakdown of plant or machinery, acts of God, war, governmental actions or orders, orders of domestic or foreign courts or tribunals.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
ACMEGRADE Pvt Ltd
480/A, 18th B Main Rd, HSR Layout, 3rd sector
BANGALORE, KARNATAKA 560102
Phone: +91 9123400852