Terms
and Conditions
1. About The Company
1.1
www.imageconindia.com (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 Imagecon India Private Limited (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 and conditions set forth
in these terms of use (the "Terms").
1.2
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.
1.3
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.
1.4
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.
2. Privacy
2.1
Any personal information submitted in connection with your use of the
Site is subject to our Privacy Policy which is available at https://www.imageconindia.com/privacy-policy the terms of which
are hereby incorporated into these Terms by reference. Please review our Privacy
Policy to understand our practices.
2.2
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 Users 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 Companys
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.
3. General
3.1
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.
3.2
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.
3.3
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.
3.4
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.
3.5
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.
4. Connectivity Costs
and Equipment
4.1
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.
4.2
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.
5. Fees and Taxes
5.1
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.
5.2
Unless otherwise
stated, all fees are quoted in Indian rupees. You are responsible for paying
all fees and applicable taxes associated with the Site in a timely manner with
a valid payment method that is accepted by the Company in its sole discretion.
If your payment method fails or your account is past due, then we may collect
fees owed using other collection mechanisms. This may include charging other
payment methods on file with us and/or retaining collection agencies and legal
counsel. We may also block your access to any Company Products pending
resolution of any amounts due by you to Company.
6. General Disclaimer
6.1
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.
6.2
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.
7. Conduct
7.1
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.
8. Specific Obligations
of Users using the Site
8.1
As a User, you agree that:
8.1.1
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.
8.1.2
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;
8.1.3
You also agree that you will not do any of the following on or through
the Company Products;
8.1.3.1
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);
8.1.3.2
post any inappropriate, offensive, racist, hateful, sexist, sex-related,
false, misleading, infringing, defamatory or libelous content;
8.1.3.3
manipulate or interfere with the Company Products; and
8.1.3.4
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.
9. Registration and
Identity Protection
9.1
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.
9.2
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.
9.3
For additional information on how we use your information, please see our
Privacy Policy.
10. Accuracy of Account
Information
10.1
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.
11. User and Submitted
Content
11.1
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.
12. Copyright
12.1
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") .
12.2
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.
12.3
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.
13. Other Prohibited Uses
13.1
In using the Company Products, you further agree not to:
13.1.1
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;
13.1.2
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.
13.1.3
Create a false identify or impersonate another person or entity in
any way;
13.1.4
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;
13.1.5
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;
13.1.6
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;
13.1.7
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;
13.1.8
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;
13.1.9
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;
13.1.10
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;
13.1.11
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;
13.1.12
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;
13.1.13
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;
13.1.14
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;
13.1.15
Violate any
applicable federal, state or local laws or regulations or these Terms; and
13.1.16
Assist or permit any
persons in engaging in any of the activities described above.
14. Refund / Swap /
Batch-shift
14.1
We offer users a
three (3)- day , no-question-asked money back guarantee on all courses.
14.2
The refund should be
claimed within 3 days of registration.
14.3
No such request will
be entertained after 3 days.
14.4
Refund Policy for job
assured Programs
14.4.1 The refund policy terms mentioned here do not apply for job
assuredand Advanced diploma courses
14.4.2 All our job assured and Advanced diploma coursesdo not have
any refund after the enrolment into the course
14.4.3 For more details, please check the course pages
14.5
The 3-day, No
Question Refund policy stands null in following scenarios:
14.5.1 Any kind of content is downloaded from Imagecon India
learning management system.
14.5.2 If you watch more than 2 class recordings from Imagecon
India learning management system.
14.6
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.
14.7
Company reserves the
absolute rights to revise these terms without prior notice to you other than by
posting revised terms on the website.
14.8
Post 3 days, as per
refund policy, further EMIs will not be cancelled in case of RazorPay EMI.
14.9
To request a refund,
please email support@Imageconindia.com
14.10
There are limited
seats (Batch-shift Quota) available in any Live-online class for
learners availing Batch-shift option. Imagecon India may not be able to
accommodate certain batch shift requests in case of unavailability of seats
in Batch-shift Quota. In such cases, Imagecon India will provide
options to join other batches where seats are available.
14.11
Learners can avail batch shift option ONLY once in every 3 months from start of
previous batch where learner attended a class.
14.12
Batch shift option will be available only after 15 days from the start of
previous batch.
15. Procedure for
Reporting Claimed Infringement
15.1
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:
15.2
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;
15.3
Identification of works or materials being infringed, or, if
multiple works are covered by a single notification, a representative list of
such works;
15.4
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;
15.5
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;
15.6
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
15.7
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.
16. Links
16.1
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.
16.2
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.
17. Disclaimer; Warranty
Disclaimer
17.1
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.
18. Limitation of
Liability
18.1
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.
19. Indemnification
19.1
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.
20. Modification of
Services
20.1
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.
21. Dispute Resolution
21.1
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.
21.2
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.
21.3
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.
22. Termination of
Services; Termination of Agreement
22.1
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.
22.2
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.
22.3
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 support@Imageconindia.com or
using any other account termination functionality that may be offered through
the Company Products.
23. Monitoring
23.1
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.
24. Miscellaneous
24.1
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.
24.2
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.
24.3
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.
24.4
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.
24.5
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.
25. Purchase Via RP-EMI
25.1 In
this purchase Imagecon India is bearing the interest on behalf of the learner.
25.2
In case of failed EMI payments, Imagecon India can reach out to you
requesting a change card or update balance.
25.3
If not responded after multiple attempts, Imagecon India can remove
access to your course.
26. Trademarks Notice
26.1 All the logos contains in our website are registered trademarks of their respective owners.we are not responsible for that.