- About The Company
- (the "Site"), the courses available from the Site (the "Courses"), and the
training services made available on or through the Site and the software (the "Services"), are
owned, operated, and maintained, as applicable, by Academy of Skill Development (ASD)
(hereinafter referred to as "we", "our", "us", or the "Company", as the case may be). The Site,
Courses, and Services are, collectively referred to as the "Company Products". By (a) using or
accessing the Company Products, including, but not limited to streaming, accessing or using the
software; or (b) paying, either for itself or for someone else to use or access the Company
Products, you agree to the terms or conditions set forth in these terms of use (the "Terms").
- THESE TERMS, UNLESS THE SAME HAS BEEN SPECIFICALLY EXCLUDED BY ANY OTHER
INSTRUMENT TO WHICH THE COMPANY AND/OR AN USER ARE SUBJECT TO, INCLUDING THIS
INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE
COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE
READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION
OF THE COMPANY PRODUCTS.
- For the purposes of the Terms, The term “User(s)/You” shall mean and include all persons,
natural or artificial, that visit the Site including those that have agreed to become registered users
on the Site by providing registration data while registering on the Site as registered users
accessing the Company Products through the Website. If you are a parent, guardian, or other
natural person who enables a child to access the Company Products, you agree to stand in the
shoes of such child for the purposes of making us whole in case of damages or indemnification that
could properly lie against a child, if not for his or her age. This Site is intended for use by a natural
person only if such natural person is 13 (Thirteen) years of age or older.
- If you are using or opening an account to use the Company Products on behalf of a company,
entity or organization (each a "Subscribing Entity"), then you represent and warrant that you:
(i) are an authorized representative of that Subscribing Entity with the authority to bind such
entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing
Entity.
- Privacy
- Any personal information submitted in connection with your use of the Site is subject to our
Privacy Policy which is available at https://www.asd.org.in/policy.php the terms of which
are hereby incorporated into these Terms by reference. Please review our Privacy Policy to
understand our practices.
- The User may obtain certain confidential information, including without limitation, technical,
contractual, product, pricing and other valuable information that should reasonably be understood
as confidential (“Confidential Information”). The User acknowledges and agrees to hold all
Confidential Information in strict confidence. Title and all interests to all Confidential Information
shall be vested in the Company. The User’s obligations regarding Confidential Information will
survive the termination of these Terms of Use in accordance with the clause on ‘Termination’
below. The User agrees that its obligations under this clause is necessary and reasonable in order
to protect the Company’s business and expressly agrees that monetary damages would be
inadequate to compensate for any breach of any covenant or agreement set forth herein.
Accordingly, the User agrees and acknowledges that any such violation or threatened violation will
cause irreparable harm and injury to the Company and that, in addition to any other remedies that
may be available, in law, equity or otherwise, the Company shall be entitled to obtain injunctive
relief against the threatened breach of these terms or the continuation of any such breach.
- General
-
The Company Products enable the Users to learn via live and recorded instruction, tutoring,
and learning services through our proprietary Software. The Services include, without limitation,
facilitating and hosting Courses, and taking feedback from Users.
- You understand and agree that these Terms are agreed to in consideration of your use of the
Company Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
- Changes to these Terms. Company reserves the absolute right to revise these Terms in its
sole discretion at any time and without prior notice to you other than by posting the revised Terms
on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as
of the most recent date of revision. You should visit this page regularly to ensure your continued
acceptance of these Terms. Your continued use of the Company Products after any revision to
these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the
preceding sentences of this section, no revisions to these Terms will apply to any dispute between
you and the Company that arose prior to the date of such revision.
- Evolving Nature of Services. The Company Products are new and subject to change at any
time. We are continually looking to improve the Company Products but if you are at any time
dissatisfied with the Company Products, then your sole remedy is to discontinue use of the
Company Products.
- Electronic Notices. By using the Company Products or communicating with us, you agree
that we may communicate with you electronically regarding security, privacy, and administrative
issues relating to your use of the Company Products. If we learn of a security system's breach, we
may attempt to notify you electronically by posting a notice on the Site or sending an email to
you.
- Connectivity Costs and Equipment
- You are solely responsible for all service, internet, telephony and/or other fees and costs
associated with your access to and use of the Company Products, including, but not limited to, any
data charges imposed by a wireless carrier or Internet service provider, and for obtaining and
maintaining all telephone, computer hardware, and other equipment required for such access and
use.
- The Company uses internally developed systems for making the Company Products available
to the User. These systems may encounter technical or other limitations, and computer and
communications hardware systems might experience interruptions. Further, the Company
continually enhances and improves these systems in order to accommodate the level of use of the
Site. The Company may also add additional features and functionality to the Company Products
that might result in the need to develop or license additional technologies. Increased utilization of
the Site or providing new features or functionality may cause unanticipated system disruptions,
slower response times, degradation in levels of customer service, and delays in reporting accurate
financial information. The User agrees that the Company shall not be liable to the User or to any
third party claiming through the User for any such failures contemplated herein.
- Fees and Taxes
- Accessing the Site and browsing Courses is free of cost. Company however reserves the right
to change its fee policies at any time in its sole discretion, including charging for access to the
Site, but
no fee change will be binding upon you until you agree to such fee changes.
- General Disclaimer
- We have no mechanism to control comments/discussions posted on the Site and, as such, we
cannot guarantee in any manner the reliability, validity, accuracy or truthfulness of such contents.
You also understand that by using the Site you may be exposed to Submitted Contents which you
may consider offensive, indecent, or objectionable. You hereby agree to indemnify and hold the
Company harmless from and against any and all claims, notices and actions that you may have
arising out of your access or use of any Submitted Content.
- Those who choose to access or use the Company Products from other locations, including
from outside India, may do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Access to or use of the Company Products from
jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or
penalized is strictly prohibited.
- Conduct
- You shall only access the Company Products for lawful purposes. You are solely responsible for
the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use
of the Company Products. You agree not to use the Company Products or the Company Content
(as defined below) to recruit, solicit, or contact in any form Instructors or potential users for
employment or contracting for a business not affiliated with us without our advance written
permission, which may be withheld in our sole discretion. You assume any and all risks from any
meetings or contact between you and any Instructors or other Users of Company Products. You
should be careful before meeting any Instructor or other User in person and should only do so in
public. Remember to always be safe.
- Specific Obligations of Users using the Site
- As a User, you agree that:
- You have read, understood, and agree to be bound by the pricing information (see the
Pricing section below) before using the Site or registering for a Course.
- If you are under the age of 18 (Eighteen), you have obtained parental or legal guardian
consent before using the Site, or registering for a Course;
- You also agree that you will not do any of the following on or through the Company
Products;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of
solicitation (commercial or otherwise);
- post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading,
infringing, defamatory or libelous content;
- manipulate or interfere with the Company Products; and
- reproduce, distribute, publicly display, publicly perform, communicate to the public, create
derivative works from or otherwise use and exploit any Submitted Content or other content
obtained from any Company Products without our express written permission or the permission of
the Company.
- Registration and Identity Protection
- To use certain Company Products, you will need to register and obtain an account, username
and password. When you register, the information you provide to us during the registration
process will help us in offering content, customer service, and network management. You are
solely responsible for maintaining the confidentiality of your account, username, and password
(collectively, the "Account") and for all activities and liabilities associated with or occurring under
your Account. You must notify us (a) immediately of any unauthorized use of your Account and
any other breach of security, and (b) ensure that you exit from your Account at the end of each
Course. We cannot and will not be responsible for any loss or damage arising from your failure to
comply with the foregoing requirements or as a result of use of your Account, either with or
without your knowledge, prior to your notifying us of unauthorized access to your Account.
However, you agree that you will be liable for any losses incurred by us or another party due to
any use of your Account, excluding only uses following your notification to us of unauthorized
access to your Account.
- You may not transfer your Account to any other person and you may not use anyone else's
Account at any time. In cases where you have authorized or registered another individual,
including a minor, to use your Account, you are fully responsible for (i) the online conduct of such
User; (ii) controlling the User's access to and use of the Services; and (iii) the consequences of
any misuse.
- For additional information on how we use your information, please see our Privacy Policy.
- Accuracy of Account Information
- In consideration of your use of Company Products, you agree to (a) provide true, accurate,
current and complete information about yourself as prompted by Company's registration form
(such information being "Your Data"), (b) maintain and promptly update Your Data to keep it
true, accurate, current and complete; and (c) comply with these Terms. If you provide any
information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that
such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the
right to suspend or terminate your account and refuse or restrict any and all current or future use
of the Company Products, without any liability to you.
- User and Submitted Content
- Any materials, information, communications or ideas that you upload, communicate or
otherwise transmit or post to us on or through Company Products (the "Submitted Content")
will be treated as non-confidential and subject to the license below, and may be reproduced,
distributed, publicly performed, publicly distributed, communicated to the public, and otherwise
used and exploited by us for any purpose related to the delivery, marketing, promoting,
demonstrating or operating the Company Products, including, but not limited to, for quality
control, redistribution or display to Users, and professional development.
- Copyright
- You acknowledge that the software, the technology underlying the Services, and all other
software, designs, materials, information, communications, text, graphics, links, electronic art,
animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or
copyrightable materials, including the selection and arrangements thereof, provided or made
available to you in connection with the Company Products (collectively, the "Company Content")
are the proprietary property of Company and its affiliated and/or third party providers and
suppliers (the "Third Parties") .
- You agree that any and all material displayed on the Site is solely for your personal use and
you shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or
distribute such material in any manner and through any media including by way of e-mail or other
electronic means and shall not assist any other person in doing so. Modification of the said
materials or use of the materials on any other website or networked computer environment or use
of the materials for any purpose other than personal use is a violation of the said copyrights,
trademarks and other intellectual proprietary rights, and is expressly prohibited. Unless otherwise
specified, when any content is downloaded to your computer, you do not obtain any ownership
interest in such content or any use of the content for any other purpose. The Company reserves all
rights not expressly granted to you.
- All services rendered by you as a part of this agreement are works made for hire. Company
shall have exclusive and sole ownership on the intellectual property developed by us as a part of
this agreement. The entire right, title, and interest in and to all copyrights in the Work; all
registrations and copyright applications relating thereto and all renewals and extensions thereof;
all works based upon, derived from, or incorporating the Work; all income, royalties, damages,
claims and payments now or hereafter due or payable with respect thereto; all causes of action,
either in law or in equity for past, present, or future infringement based on the copyrights; and all
rights corresponding to the foregoing throughout the world shall vest with Company with respect
to the works pursuant to this agreement.
- Other Prohibited Uses
- In using the Company Products, you further agree not to:
- Upload or otherwise transmit to or through the Services any information or content that
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party,
including by incorporating any such material in Submitted Content;
- Upload or otherwise transmit to or through the Services any unlawful, harmful, harassing,
defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of
any kind, any material that can cause harm or delay to the Company Products or computers of any
kind.
- Create a false identify or impersonate another person or entity in any way;
- Restrict, discourage or inhibit any person from using the Company Products, disclose
personal information about a third person on or through Company Products or obtained from
Company Products without the consent of such person or collect information about Users of the
Company Products;
- Undertake, cause, permit or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the
Company Products or any part thereof, or attempt to do any of the foregoing, except and solely to
the extent permitted by these Terms, the authorized features of the Company Products, or by law,
or otherwise attempt to use or access any portion of the Services other than as intended by
Company;
- Gain unauthorized access to the Services, to other Users' accounts, names or personally
identifiable information, or to other computers or websites connected or linked to the Services;
- Reproduce, distribute, publicly display, publicly perform, communicate to the public, sell,
trade, resell or exploit any portion of the Company Products, use of the Company Products, access
to the Company Products or content obtained through the Company Products, for any purpose
other than expressly permitted by these Terms, including, by way of example and not limitation,
by doing or engaging in any of the following without Company's express written consent;
- framing, embedding and/or passing off Submitted Content obtained from the Company
Products in such a manner as to present them as originating from a source other than the
Company Products;
- copying, caching or reformatting any Submitted Content for commercial purposes in any
manner whatsoever, whether by copying to physical or electronic media for purposes of buffering
delivery or converting transmissions from the Company Products to alternative delivery formats;
- altering, defacing, mutilating or otherwise bypassing any approved software through
which the Company Products are made available; and using any trademarks, service marks,
design marks, logos, photographs or other content belonging to Company or obtained from the
Company Products;
- Post, transmit or otherwise make available any virus, worm, spyware or any other
computer code, file or program that may or is intended to damage or hijack the operation of any
hardware, software or telecommunications equipment, or any other aspect of the Company
Products or communications equipment and computers connected to the Company Products;
- Remove, disable, damage, circumvent or otherwise interfere with any security-related
features of the Company Products, features that prevent or restrict the use or copying of any part
of the Company Products or any content accessible on or through Company Products, or features
that enforce limitations on the use of the Company Products or any content accessible on or
through Company Products;
- Use any scraper, spider, robot or other automated means of any kind to access the
Company Products, except and solely to the extent permitted by these Terms and the features of
the Company Products, deep-link to any feature or content on the Site, bypass our robot exclusion
headers or other measures we may use to prevent or restrict access to the Site or Services;
- Interfere with or disrupt the Company Products, networks or servers connected to the
Company Products or violate the regulations, policies or procedures of such networks or servers;
- Violate any applicable federal, state or local laws or regulations or these Terms; and
- Assist or permit any persons in engaging in any of the activities described above.
- Refund / Swap / Batch-shift
- We offer users a three (3)- day , no-question-asked money back guarantee on all courses.
- The refund should be claimed within 3 days of registration.
- No such request will be entertained after 3 days.
- The 3-day, No Question Refund policy stands null in following scenarios:
- Any kind of content is downloaded from ESC's learning management system.
- If you watch more than 2 class recordings from ESC's learning management system.
- If we believe that you are abusing our refund policy, it will be our sole discretion to suspend
or terminate your account and refuse or restrict any and all current or future use of company
products, without any liability to you.
- Company reserves the absolute rights to revise these terms without prior notice to you
other than by posting revised terms on the website.
- To request a refund, please email nasdindia@gmail.com.
- There are limited seats (Batch-shift Quota) available in any Live-online class for learners
availing Batch-shift option. ESC may not be able to accommodate certain batch shift requests in
case of unavailability of seats in Batch-shift Quota. In such cases, ESC will provide options to
join other batches where seats are available.
- Learners can avail batch shift option ONLY once in every 3 months from start of previous
batch where learner attended a class.
- Batch shift option will be available only after 15 days from the start of previous batch.
- Procedure for Reporting Claimed Infringement
- If you believe that any content made available on or through the Company Products has
been used or exploited in a manner that infringes an intellectual property right you own or control,
then please promptly send a "Notification of Claimed Infringement" containing the following
information to the Company address. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the
work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a
single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact you, such as an address,
telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
- Links
- As you use the Company Products you may notice links to third-party websites ("Third
Party Sites"). This may include Instructors sending links to Third Party Sites and/or causing Third
Party Sites (such as study resources or online education pages) to pop-up for your review. These
links are for convenience only. If you use these links, you will leave the Site. Certain of these
Third-Party Sites may make use of Company proprietary intellectual property rights (such as
copyrights, trademarks, service marks, logos and trade names) under license from Company.
Company is not responsible for the availability or content of these Third Party Sites or for any
viruses or other damaging elements encountered in linking to a Third Party Site, whether or not
Company is affiliated with the owners of such Third Party Sites. In addition, the provisioning of
these links to Third Party Sites is not an endorsement or approval by Company of the
organizations sponsoring such Third Party Sites or their products or services, and you may be
subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do
not apply to Third Party Sites, and you should review applicable terms and policies, including any
relevant privacy policies, associated with any Third Party Sites, applications, software or services.
- YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON
OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR
ADVERTISING ON THE THIRD PARTY SITES.
- Disclaimer; Warranty Disclaimer
- YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A
COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED
TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER MATERIALS FROM A
VARIETY OF SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY,
INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OF OR RELATING TO SUCH PRODUCTS,
CONTENT OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE
EXPOSED TO PRODUCTS, CONTENT OR MATERIALS THAT MAY BE INACCURATE, OFFENSIVE,
INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY
LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH
RESPECT THERETO.
17.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND
ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH THE SERVICES
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. COMPANY AND ITS AFFILIATES,
PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART
THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE
UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO
NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND
AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION,
MATERIALS, OR DATA THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR
APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR
COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY PRODUCTS) OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- Limitation of Liability
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR
ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO
USE, THE COMPANY CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR
ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE COMPANY
PRODUCTS, COMPANY CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY PORTION THEREOF
RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU
ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR
SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED
THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS COMPANY
HAS RECEIVED AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR
TO THE ACTION GIVING RISE TO THE LIABILITY.
- Indemnification
- You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors,
agents, partners, employees, licensors, representatives and third party providers (including our
affiliates' respective officers, directors, agents, partners, employees, licensors, representatives,
and third party providers), from and against all losses, expenses, damages, costs, claims and
demands, including reasonable attorneys' fees and related costs and expenses, due to or arising
out of any content you submit, post to, email, or otherwise transmit to us or through the Site or
Services, your use of the Company Products, the Company Content or any portion thereof, your
connection to the Site or Services, or your breach of these Terms. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to fully cooperate with such defense and in
asserting any available defenses.
- Modification of Services
- We may add, change or eliminate features, pricing, nomenclature and other aspects of the
Company Products and make other changes at any time and these Terms will continue to apply to
the Company Products as modified. We reserve the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Company Products (or any part thereof)
with or without notice. You agree that we will not be liable to you or to any third party for any
such modification, suspension, or discontinuance of all or any portion of the Company Products.
- Dispute Resolution
- Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND COMPANY
AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST,
SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT
MAY BE TAKEN TO COURT) IN ACCORDANCE WITH THE INDIAN ARBITRATION AND CONCILIATION
ACT, 1996, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED, FOR ALL
DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE
COMPANY PRODUCTS.
- There shall be one (1) arbitrator appointed mutually by the Company and You and the seat
of the arbitration shall be Bangalore India The language of the arbitration proceedings and of all
written decisions and correspondence relating to the arbitration shall be English.
- These Terms shall be governed by and construed in accordance with the laws of the
Republic of India and subject to the provisions of arbitration set out herein, the courts at
Bangalore shall have exclusive jurisdiction in relation to any disputes arising out of or in
connection with these Terms.
- Termination of Services; Termination of Agreement
- We may terminate your use of the Company Products immediately without notice for any
breach by you of these Terms, or any of our applicable policies as posted on the Site from time to
time or for breach of applicable laws. Furthermore, we may terminate your rights to use the
Company Products for any other reason or no reason.
- In the event of termination or expiration of these Terms, the following sections of these
Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer;
warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms
which, by their nature, apply after termination, and the miscellaneous provisions below. You agree
that upon the termination, we may delete all information related to you on the Services and may
bar your access to and use of the Company Products. Upon the termination you will immediately
destroy any downloaded or printed Company Content.
- You are free to terminate your use of the Company Products at any time. You can simply
choose to stop visiting or using any aspect of the Company Products. If you wish to terminate your
account on the Site or with the Services, you may do so by sending an e-mail to
nasdindia@gmail.com or using any other account termination functionality that may be offered
through the Company Products.
- Monitoring
- All electronic communications and content presented and / or passed to the Company,
including that presented and/or passed from remote access connections, may be monitored saved,
read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized
employee or agent of the Company in the exercise of their duties, or by law enforcement
authorities who may be assisting the Company in investigating possible contravention/non-
compliance with applicable laws. Electronic communications and content may be examined by
automated means. Further, the Company has the right to reject, at its sole discretion, from the
Site any electronic communications or content deemed not to be in compliance with the corporate
policies and procedures of the Company. The Company shall not be under any obligation to furnish
any clarifications or answers in the event it so rejects any content posted by the User. However,
the Company has full authority to review the content posted by Users on the Site.
- Miscellaneous
- Entire Agreement. These Terms and any policies applicable to you posted on the Site
constitute the entire agreement between the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect to such subject
matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall
inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and
assigns.All electronic communications and content presented and / or passed to the Company,
including that presented and/or passed from remote access connections, may be monitored saved,
read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized
employee or agent of the Company in the exercise of their duties, or by law enforcement
authorities who may be assisting the Company in investigating possible contravention/non-
compliance with applicable laws. Electronic communications and content may be examined by
automated means. Further, the Company has the right to reject, at its sole discretion, from the
Site any electronic communications or content deemed not to be in compliance with the corporate
policies and procedures of the Company. The Company shall not be under any obligation to furnish
any clarifications or answers in the event it so rejects any content posted by the User. However,
the Company has full authority to review the content posted by Users on the Site.
- Severability. If any provision of these Terms is found to be illegal, void or unenforceable,
then that provision shall be deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions of these Terms.
- Waiver. A provision of these Terms may be waived only by a written instrument executed
by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce
any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and
given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner,
joint venture partner, agent, legal representative, employer, contractor or employee of the other.
Neither the Company nor any other party to this Terms shall have, or hold itself out to any third
party as having, any authority to make any statements, representations or commitments of any
kind, or to take any action that shall be binding on the other except as provided for herein or
authorized in writing by the party to be bound.