OnTutes Terms & Conditions

Effective date: 1 June 2020

Welcome to OnTutes

Thanks for using our products and services ("Services"). The Services are provided by OnTutes Education Private Limited ("OnTutes.com"), located at Mumbai, India.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

A. Using our services

You must follow any policies made available to you within the Services.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

1. Personal Data that we collect about you

Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data. In particular:

  • When you register for a OnTutes account we collect your full name, email address, and account log-in credentials.
  • When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
  • When you use the "Remember Me" feature of OnTutes Checkout, we collect your email address, payment card number, CVC code and expiration date.

When you respond to OnTutes emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call OnTutes. If you contact us by phone as a OnTutes User, we may collect additional information in order to verify your identity.

2. Information that we collect automatically on our Sites

We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use Google Analytics on our Sites to help us analyze Your use of our Sites and diagnose technical issues.

To learn more about the cookies that may be served through our Sites and how You can control our use of cookies and third-party analytics, please see our Cookie Policy.

B. Privacy Policy

The Privacy Policy delineates how OnTutes.com(ONTUTES EDUCATION PRIVATE LIMITED, a Company incorporated under the provisions of the Companies Act, 2013,hereinafter referred to as “Course Provider”) will be engaging in usage, collection and sharing of information on this online platform/site. You should carefully go through our terms and conditions and privacy policy. These are applicable only in case of the platform which has been given by OnTutes.com and we do not hold any responsibility for any practices of organizations, individuals, sites and institutions which we do not represent, manage, hire, employ or control. Through your usage of our online platform and also via the submission of information/data that is personally identifiable, you provide your agreement/consent that we are authorized to use/show/source/keep your data as per the terms of this agreement. OnTutes.com has the right to share data collected by entities affiliated to us. In case of any sale/transfer or our business fully/partly, all information on consumers will be treated as an asset for transfer. In case you are not in agreement with the terms and conditions, you should refrain from sharing of any data that is personally identifiable. Refusal or the withdrawal of consent or non-provision of data means that we will be unable to offer services through our online platform. Some of the functions of our online platform can be used minus any personal details being released although information may be necessary for any services/features linked to our programs. In case you do not use the same, we will only be collecting information that is non personal, i.e. data that cannot be used for identification. For accessing specific details, you may have to provide information that is personally identifiable which may include email addresses, names, contact numbers (landline and mobile numbers), work experience, educational record and so on. You hold the responsibility for ensuring proper accuracy of information submitted that is personally identifiable. Information that is not accurate may impact your overall usage of our online platform and also our abilities with regard to getting in touch with you. For instance, you should make sure that your email address remains current since this is one of the basic ways to contact you.

Collection of Data

Information that is not personal- With regard to our online platform, OnTutes.com may be collecting, tracking and aggregating information that is non personal which includes pages which you are visiting, the order of your visits, timing of your visits and the hyperlinks that are being clicked. We also source data from links from which you connected to our online platform. Collection of this data may require logging onto the OS, IP address and browser software which are used by every user of this platform. Such information is not personally identifiable, but the Internet Service Provider can be ascertained from the IP address and also the geographical location. Information that is personally identifiable- We can source information that is personally identifiable that you give to us whenever you sign up for our programs or email updates while participating in forums that are public and also use chat room services or sending us emails or even taking part in events that take place online. This also covers other services available through our online platform. This data may cover things like your email address, name, contact number, experience post qualification and educational qualifications.OnTutes.com or other educational partners and other third-party service provider may source specific information from your end linked to examinations, assessments, assignments and other things linked to the online courses. For instance, OnTutes.com may source specific information for an examination for authentication/verification of identity and submissions like signatures, logs of assignments, recordings/photographs through webcams and data included in a document/photo identification card. Information may also be sourced for tracking performance in an examination to see whether you adhere to the regulations that apply. OnTutes.com may also get information about your achievements or performances including evaluation of projects, examination/quiz scores, evaluations of teachers and other performance/achievement evaluations.

Service Providers-Third Party

The key points include the following: 1. Information that is personally identifiable may be received by us whenever your login or access any third-party website like WhatsApp or Facebook from our online platform. This may cover images and text available from these sites.2.Information obtained in this manner will depend on privacy policies of third parties and also your settings depending on what details you are willing to share.3.We have third party contracts for showcasing advertisements online on our behalf and also on our platform sometimes. They may source information about your visits and interaction with our services and products in order to target ads for products/services. This is collected via pixel tags which is an industry standard applicable across multiple websites. Third parties are not allowed to share/sell information that is personally identifiable. We are not responsible for third parties selling/sharing such information.

Data Received from other Sources

If you use any other platform operated by us or any other services we give, we may get data accordingly. We will inform you whenever we undertake data collection and also that it may be internally shared and fused with data that is sourced on the online platform. We are also collaborating with third parties like sub-contractors across advertising/technical/analytics/search information agencies/networks/educational partners and may get information from alternative sources about you. We collect data that is not personally identifiable from visitors on our online platform for tracking the total visitor count in aggregate and zeroing in on the kind of online web browser and OS. This data enables us to consistently improve our services and online platform alike.We use such information that is personally identifiable for responses to questions while offering you specific information linked to the program and other services or for sending updates about programs and events and email messages relating to updates and maintenance of platforms. Such information collected is used upon your participation in any program but not restricted to attendance tracking, completion of programs and progress of the same. As part of the program processing and management, we will be using specific information that is personally identifiable for administration of projects, examinations and other program assessments. For instance, as part of any examination, OnTutes.com may be using information collected from your end for identity verification or tracking performance during examinations to ensure that you are complying with the testing regulations applicable. Such information may be shared whenever you take part in a program with a specific educational partner that has created a program and instructors who have managed/taught/overseen the graders/program who will be evaluating your performance or the mentors who will be assisting the students. For instance, if you are going for a program via university, we can share information that is personally identifiable about your performance and yourself with the university for progress reporting via the program. In another instance, if you are going through a program paid/sponsored by your employer, we can share grades, progress, evaluation with your employer and other information.These details can be shared anytime during the educational program or even after. Such information shared with educational partners will be based on procedures and privacy policies of partners. We may also be archiving data and use it for communicating in the future with you. We can use such information for service provisions and also for quality control. This data can also be archived and used for communication in the future. For instance, OnTutes.com may offer chat room solutions for communication with our staff members and this data may be used for service provision. In specific situations, such information and materials may be shared with third parties which includes but is not restricted to prospective service providers/employers like Facebook and others for offering services chosen or that we provide linked to our programs. We may submit your information to prospective employers. OnTutes.com members may create Facebook groups or other channels and make you a member as well. These groups may be tapped for offering services linked to programs including prospective employee details and so on. You should be aware that data revealed on third party service provider channels will depend on their privacy policies and also your settings. We will have no liabilities in this aspect, and neither will our associates.OnTutes.com may look to use specific companies enabling you to establish membership for taking part in payment-based services, digital wallets and rewards based programs. In case you choose to do so, we will reveal necessary data about you to these companies for supporting their programs and membership. We do not hold responsibility for privacy policies of companies who sponsor these programs and we advise you to review individual privacy policies of companies where you are becoming members. Billing information can be archived at our end or by providers. Other information that is personally identifiable may be archived as well for communicating in the future. Our maintenance and operations contractors and other service providers may have restricted access to information that is personally identifiable while offering services/products. You may grant OnTutes.com the right (non-exclusive) for usage, distribution, reproduction, preparation, display (public) of images or likenesses if such personally identifiable information sourced by us contains the same. Such information may be shared with government authorities based on court orders or for other legal procedures in order to exercise/establish legal rights for property protection and defend against any claims made legally or otherwise necessitated through law. We have the right to waive/raise any legal right/objection in such cases. We may use your information whenever it is deemed suitable for preventing/investigating/acting on any activities which are suspected to be illegal and for protection/defence of our rights, safety and property and also our customers, others and users and also linked to our agreements and terms and conditions. OnTutes.com may reveal or transfer personally identifiable data to an assignee/acquirer/successor entity linked to any merger/sale/re-organization of all/major chunks of assets/business/equity of OnTutes.com to which your information is related. This information may be shared with an associate which includes any entity/person controlled by such entity/person that controls such persons/entities or those under common control with such individuals indirectly/directly or in case of a natural individual, any Relative as defined in Companies Act of 1965 and Companies Act of 2013 for such an individual.Information that is non personal is used in an aggregate form for the building of services of superior quality through the performance of statistical analysis of cumulative user behaviour and attributes and through demographic and interest mapping and measurements relating to particular aspects of our online platform.

Publicly Disclosing Data

Information of a personally identifiable nature shown voluntarily by yourself on our platform may be used by third party providers for diverse purposes (unsolicited). We are not responsible for any unsolicited usage of such information by third parties if it is displayed voluntarily from your end.

Data which is Aggregated

Records de-linked from personally identifiable data and worked upon/fused for offering anonymous and generalized data are aggregated data. Your personal details and identity will not be available in this case. Your personal data can be fused anonymously with other data for the generation of aggregate data for commercial or internal usage and also for sharing with subsidiaries, affiliates and other business partners for marketing/planning needs.

C. Information Safeguarding

The Information Safeguarding delineates how OnTutes.com(ONTUTES EDUCATION PRIVATE LIMITED, a Company incorporated under the provisions of the Companies Act, 2013,hereinafter referred to as “Course Provider”) will be engaging in usage, collection and sharing of information on this online platform/site. You should carefully go through our terms and conditions and privacy policy. These are applicable only in case of the platform which has been given by OnTutes.com and we do not hold any responsibility for any practices of organizations, individuals, sites and institutions which we do not represent, manage, hire, employ or control. Through your usage of our online platform and also via the submission of information/data that is personally identifiable, you provide your agreement/consent that we are authorized to use/show/source/keep your data as per the terms of this agreement. OnTutes.com has the right to share data collected by entities affiliated to us. In case of any sale/transfer or our business fully/partly, all information on consumers will be treated as an asset for transfer. In case you are not in agreement with the terms and conditions, you should refrain from sharing of any data that is personally identifiable. Refusal or the withdrawal of consent or non-provision of data means that we will be unable to offer services through our online platform. Some of the functions of our online platform can be used minus any personal details being released although information may be necessary for any services/features linked to our programs. In case you do not use the same, we will only be collecting information that is non personal, i.e. data that cannot be used for identification. For accessing specific details, you may have to provide information that is personally identifiable which may include email addresses, names, contact numbers (landline and mobile numbers), work experience, educational record and so on. You hold the responsibility for ensuring proper accuracy of information submitted that is personally identifiable. Information that is not accurate may impact your overall usage of our online platform and also our abilities with regard to getting in touch with you.

Security and Total Confidentiality

OnTutes.com takes all necessary steps for safeguarding your personally identifiable data offline and online in order to keep breaches at bay. We also take part in a cooperative database service which enables us to leverage marketing programs, mailers and newsletters for suitable visitors and purchasers. Mailing address/names may be shared between parties participating in the cooperative database service.

Change notifications

The privacy policy may be updated anytime as per our discretion and will be posted likewise so that you get to know about information sourced, usage and scenarios under which it is disclosed. Unless notified or changed, the present privacy policy will be applicable to all data that OnTutes.com possesses about your account and yourself.

Email Address/Mobile Number

We may be storing mobile numbers and email address of those communicating with our platform through the email or mobile phone and adding to our lists for SMSes and emails whenever you sign up for receipt of exclusive updates and promotions. When you choose to get calls, SMSes and emails from our end, we will be able to provide exclusive offers and other data which you may not get from the platform. Registered users can change their preferences by mailing us at (email address to be inserted at) or you can contact at the same address for opting out of communication from our end. Opt-out requests once made, will be assumed to have been received by us successfully and in processing. We will require 14 working days from the receipt of the request for completion of the removal procedure since some promotions may already be under process prior to your request being submitted.

Our online platform may have links going to other websites. These are not under our control and you should know that we are not responsible for any privacy policies/practices of these websites. You should read individual privacy policies of all sites sourcing information that is personally identifiable. In case you wish to access any third party website linked to our platform, it will be at your own risk. Any links going to any of our partners will be the responsibility of the party which is linking and we will not hold responsibility for notification of changes in names/locations of any data on our online platform.

Web Beacons and Cookies

Cookies are small information nuggets that your browser saves on your mobile phone or computer. They are useful for recording of several parts of your online visit and help us offer service that is seamless and uninterrupted. Web beacons are tinier graphic files tied to our servers enabling us to monitor customer usage of our online platform and functionality tied to the same. We may be using such beacons or cookies for ascertaining and zeroing in on repeat users and the content type/sites to which they are linking and the amount of time spent by users at particular zones of our online platform along with features used by them. These tools allow us to offer improved service while enhancing overall efficiency and for better experience personalization. These beacons and cookies are not tapped for the retention of information that is personally identifiable. We may also tap added means of data collection periodically. You must have the ability for controlling whether cookies will have acceptance from the web browser and the method for the same. Most web browsers will have instructions on resetting browsers for rejection of cookies in the toolbar’s Help category. In case our cookies are rejected, many conveniences offered by the platform or other functions may not be suitably functioning.

Grievance Officer

On the basis of the Information Technology Act of 2000 and other rules which are applicable, the Grievance Officer who has been appointed by OnTutes.com for the Privacy Policy agreement is (Name of concerned person) and the concerned person can be contacted at (email address).

Personal Information Updates

You can modify or update your contact information and other user preferences by sending us an email at (email address).

Security Notification

OnTutes.com has implemented multiple electronic, physical and management processes for attempting to secure and protect information that has been collected. For instance, we give encryptions that are strong for safeguarding specific data and have strict checks at the managerial level along with policies for changing passwords. Information collected by us is stored with third party centres who have well implemented security measures in place across multiple levels. We are not liable for any loss of data or misuse at third party data centres. We are also reliant on the security of your mobile phone and devices to ensure that no data is leaked or that there is no security breach unless there is intentional authentication linked processing. 100% fool-proof safety is never guaranteed even though we do execute several measures for security on the website.

Address for questions related to Privacy

In case you have any questions relating to our policies or the procedures at OnTutes.com for collection of data and disclosure and usage practices, you can contact us at (email address) or (phone number). We will always make an effort to promptly answer your questions or address issues/queries regarding information usage. Except wherever it is legally mandated, OnTutes.com cannot guarantee answers to any queries or comments relating to aspects which are not covered under our privacy policy or terms and conditions.

Changes in Privacy Policy

We will be reviewing the privacy policy periodically and making changes if deemed fit. Any changes made will come into effect immediately once posted on this page itself. By accessing our online platform, you give your agreement and assent to the modified policy and all other changes. You should check this page on a periodic basis for staying updated about changes and knowing about the latest version of our privacy policy.

Miscellaneous Guidelines

The miscellaneous guidelines or provisions that have been given in our terms and conditions will be applicable for our privacy policy too.

D. Your content in our services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give OnTutes (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to OnTutes Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

E. Student Agreement

This Agreement (hereinafter “Agreement”) is made by and between ONTUTES EDUCATION PRIVATE LIMITED, a Company incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Course Provider”) and YOU as a “Student” or “Participant” in the Course. This Agreement shall govern the use of all pages and screens in and on the Course (hereinafter referred to as “Course”) and any services provided by the Course Provider through the Course (“Services”) and / or the Course Provider’s website.

Article 1: Definitions

Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data. In particular:

  • When you register for a OnTutes account we collect your full name, email address, and account log-in credentials.
  • When you fill-in our online form to contact our sales team, we collect your full name, work email, country, and anything else you tell us about your project, needs and timeline.
  • When you use the "Remember Me" feature of OnTutes Checkout, we collect your email address, payment card number, CVC code and expiration date.

When you respond to OnTutes emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call OnTutes. If you contact us by phone as a OnTutes User, we may collect additional information in order to verify your identity.

Article 2: Assent and Acceptance

By purchasing and participating in the Course, you hereby confirm that you have read and understood the terms of this Agreement and that you agree to be bound by it. If you do not agree to be bound by the terms of this Agreement, please cease / end your participation in the Course immediately. If you do so after the purchase of this Course, you shall not be entitled to any refund. Course Provider agrees to provide the Course to you only if you assent to this Agreement.

Article 3: Age Restrictions and Qualifications

You must be at least 18 (Eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and are capable of being bound by the terms of this Agreement, according to the laws of the country of which you are a resident. By participating in the Course, you also represent and warrant that you have the minimum qualifications prescribed for the Course. Course Provider assumes no responsibility or liability for any misrepresentation of your age and minimum qualifications prescribed for the Course.

Article 4: License to use Website, LMS and access Course Materials

We may provide you with certain information as a result of your accessing the Course through the Website or LMS. Subject to this Agreement, we grant you a non-exclusive, non-transferable, limited license to use the information and the materials solely in respect of your participation in the Course, use of the Website and LMS.

Article 5: Course Terms

After purchasing the Course, you may not be able to begin until the specified Course Start Date. You must complete the Course on or before the specified Course End Date or such extended period as may be agreed with the Course Provider. After the completion of the Course and subject to your participating in assignments, projects or thesis and further subject to your attaining a minimum of 60% marks in the final assessment, you will receive a certificate evidencing your participation and successful completion of the Course. The Course and any of its accompanying materials may not be shared with any party. If we suspect that you have shared the Course or any materials with any other party or shared your login id and password to be Website or LMS with any other party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion. We do not offer any promises or guarantees with regard to the Course of Course Materials. You hereby acknowledge and agree: You are solely responsible for the choices you make with regard to the Course and the materials contained within it and any significant changes to your life and business. We are not responsible for any result or non-result or any other consequences that may arise due to your participation in the Course. You are solely responsible for your own physical health, mental health, business decisions and any other action or inaction, you choose to take.

Article 6: Intellectual Property

You agree that the Course and Course Materials contained within whether accessed on the Course Provider’s Website or LMS and any other Services provided by the Course Provider are the property of the Course Provider or its External Faculty including trademarks, tradenames, trade secrets, copyrights or any other intellectual property (“Company IP”). You further agree that the Course Provider and / or its External Faculty owns all right, interest and title in the Company IP and you shall not infringe the Company IP or use it for any unlawful purpose. You agree not to duplicate or distribute the Company IP in any manner, including electronically, without the express written permission of the Course Provider.

Article 7: Other Restrictions

The following restrictions shall apply to your use of the Course or Course Materials contained within it:(a) You may not copy or reproduce any portion of the Course.(b) You may not distribute, share through any information network, transfer, sell, lease, or rent any of the Course to any other person or entity, in whole or in part.(c) You may not change, alter, modify, or create derivative works, enhancements, extensions, or add-ons to any of the Course.(d) You may not decompile, reverse engineer, or disassemble any portion of the Course.(e) You may not use the Course for commercial purposes, or purposes other than your personal use and study.

Article 8: Course Changes

We reserve the right, in our sole discretion, and from time to time, to change the format or content of the Course available on the Website or LMS. The updated or re-formatted Course may be made available to you for a fee. You agree that from time to time we may remove or disable access to the Course for indefinite periods of time, or any portion thereof, at any time, without notice to you.

Article 9: Your Obligations

As a participant in the Course: You will be asked to register with us. When you do so, you shall choose a login id and password. You may also be asked to provide personal information including your name, age, qualifications, address, contact details and email id. You are responsible for ensuring the accuracy of this information. The identifying information will enable you to participate in the Course. You may be solely responsible for the safety and security of your personal information including apprising us of any changes in your personal information. The billing information that you provide including bank details, credit card information and other payment details are also subject to the same amount of confidentiality and accuracy requirements as in the case of your personal information. Providing false or inaccurate information or using the Course or Website for further a fraud or unlawful activity may be grounds for immediate termination of this Agreement.

Article 10: Payment and Fees

The total fees for the Course are as mentioned in Article 1 (B) of this Agreement.The Course Provider has made arrangements with Non-Banking Finance Companies that provides the facility of payment if fees in instalments.If payment is not completed by the Course End Date or as agreed with the Course Provider, you may forfeit your place in the Course.

Article 11: Acceptable Use

You agree not to use the Course or the Website for any unlawful purpose. You agree not to use the Course or Website in any way that would damage the Course, Website, Materials or Services or the general business reputation of the Course Provider.

Article 12: No Liability

You agree that the Course and Website are provided for informational purposes only. You further agree that any information provided in the Course, Website, Material or any other Services are not intended to be legal advice, financial advice or medical advice and no fiduciary relationship has been created between You and the Course Provider. Your further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any information provided in the Course, Materials or in the Website.

Article 13: Disclaimer of Warranties

We disclaim all warranties that relate in any way to the Course, Materials, Website including without limitation any warranty for information, availability, accuracy, adequacy, quiet enjoyment, non-infringement, merchantability or fitness for a particular purpose.

Article 14: Data Loss

We do not assume or accept any responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website or LMS is at your own risk.

Article 15: Indemnification

You agree defend, indemnify, and hold harmless the Course Provider, External Faculty and our affiliates including but not limited to (our and their) officers, directors, shareholders, licensors, employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys’ fees, court costs, etc.) related to: (i) any breach by you of this Agreement, and (ii) any claim by you or a third party that arises from your use or misuse of the Course or Website.

Article 16: Limitation of Liability

In no event shall Course Providers, External Faculty, our and their Directors, Officers, Employees. Agents or Licensors be liable to you (or any third party) for any damages arising out of or in connection with the use of the Course or Website or inability of use the Course and the Material contained therein including but not limited to loss of profits, loss of data, errors or omissions in content, whether Course Provider should have known of the possibility of such damages, the total liability of Course Provider arising out of or in connection with the Course or Website or inability to use the recordings or LMS shall not exceed in the aggregate, the fees actually paid by you for the Course. The Course or Website may contain errors or other inaccuracies and may not be complete, accurate, or current. We do not guarantee, represent or warrant that the Course or Website will be error free, accurate or current or that use of the Course or Website will be uninterrupted or free from corruption, attack, viruses, interference, hacking or other security intrusion and Course Provider disclaims any liability relating thereto.

Article 17: Spam Policy

You are strictly prohibited from using the Course or Website or LMS for illegal spam activity including gathering email addresses or other personal information from others or sending any mass commercial emails.

Article 18: Service Interruptions

We may need to interrupt your access to the Course, Website or LMS to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course, Website or LMS may be affected by such unanticipated or unscheduled downtime for any reason whatsoever, but that we shall have no liability for damage or loss caused to you as a result of such downtime.

Article 19: Relationship

It is agreed between the Parties that this Agreement is entered into between them, strictly on a principal to principal basis. The Parties agree that this Agreement does not create any agency, partnership, joint venture or employer- employee relationship between them.

Article 20: Settlement of Disputes

The Parties agree that all disputes and differences of any kind whatsoever, arising out of or in connection with this Agreement shall in the first instance be settled amicably by the Parties, in good faith. The Parties further agree that disputes and differences that are not settled amicably shall be referred to arbitration. If such personal resolution attempt fails, the parties shall submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration proceedings shall be in accordance with Arbitration and Conciliation Act 1996. The arbitration shall be at Mumbai and the proceedings shall be held in English.

Article 21: Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Subject to the arbitration provisions contained in this Agreement, the Courts in Mumbai shall have the exclusive jurisdiction to entertain and dispose of any proceeding arising out of or from this Agreement.

Article 22: Force Majeure

We shall not be liable for any failure to perform any obligation under this Agreement due to causes beyond our reasonable control including but not limited to acts of God, pandemics, acts of government, riots, wars, strikes, accidents in transportation, natural disasters and other acts that are due to unforeseen circumstances or other causes beyond our reasonable control.

Article 23: Assignment

This Agreement and the rights granted hereunder may not be assigned, sold, leased or otherwise transferred, in whole or in part, by you. Should this Agreement or the rights granted under this Agreement be assigned, sold, leased or transferred by the Course Provider, the rights and liabilities of the Course Provider will bind and inure to any assignees, successors, administrators and executors.

Article 24: Entire Agreement

This Agreement and documents attached herewith constitute the entire understanding between the Parties with respect to the subject matter hereof and supersedes any previous memorandum of understanding or agreements.

Article 25: Variations

We may from time to time and at any time, without any notice to you, modify this or vary the terms of this Agreement. You agree that we shall have the right to modify this Agreement or vary or revise anything contained therein. You agree that all such modifications, variation and revision shall have full force and effect immediately upon posting on the Website. You agree that such modification, variation or revision shall replace any prior version of the Agreement.

Article 26: Severability

If any part of this Agreement or portion is held to be invalid or unenforceable by a Court of Law or Arbitrator, the remaining parts or sub-parts shall be enforced to the maximum extent possible. In such a condition, the remaining part of the Agreement shall continue in full force.

Article 27: Waiver

In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of such provision or of any other provision. Waiver of any part or sub-part of this Agreement shall not constitute a waiver of any other part or sub-part of the Agreement.

Article 28: Language

All communications made or notices given pursuant to this Agreement shall be in the English language .