This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
THE USE OF
THE WEBSITE BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING
TERMS OF USE.
This Website is composed and managed by Kiash Education Services Private Limited (KESPL). Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions since the Terms constitute a binding contract between you and us. If you do not want to be bound by the Terms, you must not subscribe to or use our services. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at helpdesk@kiashelearning.com. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Website in any way and should exit immediately. The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of KESPL and the prevailing market conditions. KESPL requests you to read and understand them as often as possible as it may not be possible for KESPL to intimate you on every change that occurs in these terms & conditions.
Minor
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor if you wish to use or transact on our
Website/respective third party website/s, such use or transaction on the
Website shall be made by your legal guardian/parents. Misuse of any kind of the Website that may
occur by virtue of any person including a minor using the services provided
through the Website/respective third party website/s, KESPL will not be
responsible for any such consequence arises.
KESPL
reserves the right to terminate your subscription and / or refuse to provide
you with access to the Website if it is discovered that you are under the age
of 18 years. You are prohibited from selling, trading, or otherwise
transferring your KESPL account to another party. KESPL owns no responsibility
in any manner over any dispute arising out of transactions by any third party
using your account/e-mail provided by you to KESPL or payments made by any
of the payment methods by any third party. We make no representation that
any products or services referred to in the materials on this web are
appropriate for use, or available outside India. Those who choose to access
this Website from outside India are responsible for compliance with local laws
if and to the extent local laws are applicable.
Content
Accuracy
From time to time, KESPL Website may
provide links to other websites, not owned or controlled by the Company, that
it thinks might be useful or of interest to you. The Company cannot, however,
be responsible for the privacy practices used by other website owners or the
content or accuracy of those other websites. Links to various other websites do
not constitute or imply endorsement by KESPL of these websites, any products or
services described on these sites, or of any other material contained in them.
Before disclosing your personal information on any other website, we advise you
to examine the terms and conditions of using that Web site and its privacy
statement. We
have taken every care in the preparation of the content of this Website. To the
extent permitted by applicable law, we disclaim all warranties, express or
implied, as to the accuracy of the information contained in any of the
materials on this Website. We shall not be liable to any person for any loss or
damage which may arise from the use of any of the information contained in any
of the materials on this Website.
Payment
Policy
This
section states the Terms and Conditions which will be applicable to the user
using KESPL online/offline payment process (via Credit Card/Debit Card, Bank
Transfers etc.) for various courses/services offered by KESPL
1) Successful completion of the online application process and online/offline payment alone will not make the user eligible for the admission. Since the online/offline application system does not perform any check on the qualification of user or other essential conditions during the application process, hence, successful completion of the online application process may not make the user eligible for the course admission. The course admission will be totally at the discretion of KESPL and the same will be confirmed upon scrutiny of the admission details provided by the user and KESPL is not liable to give reason for any rejection.
2) User information entered during the online payment process is kept secure
and confidential and will not be divulged to any third party, other than the
payment gateway service provider.
3) KESPL will be entitled to use the information given during the online
payment process for the purpose of registration of the user and also for
statistical purposes or for its internal use.
4)
KESPL will not be held responsible for any damages the user may suffer as a
result of using the payment process. The user agrees and shall defend,
indemnify, save and hold KESPL harmless from any and all demands, liabilities,
losses, costs and claims that may arise or result from incorrect use of the
online payment process or any other causes attributable to the user.
5) KESPL will not be responsible for any refunds arising out of any failures in
online payments and in case the amount gets deducted from user’s saving/current
account and does not get credited in KESPL account, before the transaction is
complete. Users in this case will have to contact either the Bank/KESPL to
clarify the same.
6) KESPL shall not be liable to protect data from third parties if there is any
failure on the part of the user or any person acting on behalf of the user,
during the online payment process or in respect of any omission to provide
accurate information in the course of the online payment process.
7) In no event will the user be eligible for the refund of the payment made
online.
8) In case the user registers successfully but fails to pay the required fee on
or before the stipulated date, such application will stand cancelled without
any further notification.
9) All the refunds of credit & debit card transactions, which are subject
to KESPL’s policy, will be made by cheques or DDs only; no refund will be
processed either by online transfer or in cash. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
10)
It is the user’s responsibility to ensure payment of full fees as applicable.
Such payment of fees by or on behalf of the user does not in itself constitute
acceptance of user’s candidature for the course. When the user successfully
completes the online payment transaction using credit/debit cards option, funds
will be deducted from the credit/debit card mentioned by the user and the
payments will be credited to KESPL. Any payment received through this website
will be treated as having been made by the user, even though the same may have
been made by some other person/ party, in such event, KESPL shall not be liable
to entertain any correspondence from any person other than the user’s
parents/guardian.
11) Receipts of online payments along with confirmation of admissions by KESPL
should be maintained by the user safely, as this will be a pre-condition for
processing any refund.
12) All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
13) KESPL reserves the right to impose limits on the number of Transactions or Transaction Price which KESPL may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit. KESPL reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by user with KESPL or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
12) All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
13) KESPL reserves the right to impose limits on the number of Transactions or Transaction Price which KESPL may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit. KESPL reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by user with KESPL or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Compliance with Laws
User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility.
Buyer's arrangement with Issuing Bank
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Refund
In
the event you are not satisfied with the services provided by KESPL, we request
you to contact us at helpdesk@kiashelearning.com. The user hereby
acknowledges that the refund of payment once validly made by the user for the
services provided by KESPL, will be at the sole discretion of KESPL. Note: Registration fee is neither refundable nor transferable under any circumstances.
Links
We may provide, or third parties may provide, links
to other websites or resources. Because we have no control over such websites
or resources, you acknowledge and agree that we are not responsible for the
availability of such websites or resources, and do not endorse and are not
responsible or liable for any content, advertising, products, or other
materials on or available from such websites or resources. You also acknowledge
and agree that KESPL shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or rely on any such content, goods or services
available on or through any such websites or resource.
Third
Party Services
The
user hereby agrees and understands that the services provided by KESPL also
include such exclusive third party services. The user admits that the use of
such third party services shall be the sole responsibility of the user and the
user shall ensure that he/she maintains such telecommunications and internet services
necessary for availing such services along with such required software and
hardware devices, at the sole cost of the user. The user hereby agrees and
acknowledges that KESPL shall not be liable for any loss, data corruption, bad
signals, communication difficulties or any other damage of loss of any kind
arising out of the user availing such third party services.
Services
Used
You Agree and Confirm that you shall use the services
provided by us, for lawful purposes only and shall comply with all applicable
laws and regulations while using the KESPL Services and transacting on the
Website. You shall provide authentic and true information in all instances
where such information is requested of you. We reserve the right to
confirm and validate the information and other details provided by you at any
point of time. If upon confirmation your details are found to be false (wholly
or partly), we have the right and the sole discretion to reject the
registration and debar you from using our services without prior intimation
whatsoever. You shall access the services available and transact at your sole
risk and shall use your best and prudent judgment before entering into any
transaction through this Website. You shall not share your respective personal
details including any kind of contact information with each other. In the event
the user becomes aware of any such information, the user shall intimate KESPL
on the same at the earliest.
You agree and confirm that you shall not use our
Website for any of the following purposes:
a.
Disseminating any unlawful, harassing, libellous, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable material, Transmitting
material that encourages conduct that constitutes a criminal offence, results
in civil liability or otherwise breaches any relevant laws, regulations or code
of practice.
b.
Gaining unauthorized access to other computer systems.
c.
Using, displaying, mirroring or framing the Site, or any individual element
within the Site or services, KESPL’s name, any KESPL trademark, logo or other
proprietary information, or the layout and design of any page or form contained
on a page, without KESPL’s express written consent.
d.
Interfering with any other person's use or enjoyment of the Site.
e.
Breaching any applicable laws, rules or regulations. Interfering or disrupting
networks or web sites connected to the Site.
f.
Making, transmitting or storing electronic copies of materials protected by
copyright without the permission of the copyright owner.
g.
Collecting or storing any personally identifiable information from the Site or
services from other users of the Site or services without their express
permission.
h.
Impersonating or misrepresenting your affiliation with any person or entity.
i.
Violating any applicable law or regulation. Encouraging or enabling any other
individual to do any of the foregoing.
Abuse or Misuse of the Website
The
user hereby agrees that the user shall neither by itself nor be part of any
kind of abuse or misuse of the Website in any manner whatsoever. By availing to
the services provided by KESPL, the user agrees that, apart from not sharing
any kind of personal information of any kind with the other party, the user
shall also ensure that he/she shall not share, display, convey, transmit or
portray abusive content of any kind in any manner whatsoever. Likewise, in the
event the user feels that there is any kind of abusive content or such other
information shared / displayed by the other party, the user shall immediately
report the same to us at helpdesk@kiashelearning.com. In the event KESPL
has reasons to believe that the user is sharing, displaying, conveying,
transmitting or portraying abusive content of any kind of the user has been
part of such transmission, KESPL has the absolute right to stop the services
availed by the user without providing any reason whatsoever, apart from other
measures that KESPL may recourse to. The user hereby also agrees and confirms
that KESPL shall not be responsible or liable for any act as mentioned above in
any manner whatsoever and that the user shall not make any kind of claim
against KESPL or make KESPL party to any claim he/she is making before any
forum in relation to any abuse or misuse of the Website to which the user is a party
to or otherwise. The user hereby also agrees and understands that it shall be
the sole responsibility of the user to restrict such abuse or misuse of any
kind of the Website and the services availed and the user shall ensure that it
shall report to KESPL at the earliest on occurrence of any such event.
Similarly, the user hereby also agrees that he/she shall not share, display or
transmit any copyrighted material which he/she is not permitted to do in the
course of the facilities availed of the Website. The user shall be entitled to
share only such materials which have an open source code and that they have
specifically permitted the user to share. In the event the user shares any of
the copyrighted materials to the other party without the prior written consent
of KESPL, the user shall be liable for such actions taken against it by KESPL
and any aggrieved third party for violations of the intellectual property
rights of such parties.
Change
in Terms of use, Privacy Policy & Applicable Laws
By using our Service, you agree to be bound by all
of the terms of this Agreement and by the guidelines therein. KESPL reserves
the right to change the terms of this Agreement or to modify any features of
the site at any time. If you register for this Service and/or continue to use
this Service after having been notified of any changes to this service, you
agree to be bound by those changes. These Terms shall be construed in
accord with the applicable laws of India. The Courts at Ahmedabad shall have
exclusive jurisdiction in any proceedings arising out of these Terms. In the
event of any dispute or difference either in interpretation or otherwise, of
any terms of these Terms of Use, the same shall be referred to an independent
arbitrator who will be appointed by KESPL and such Arbitrator’s decision
shall be final and binding on you. The above arbitration shall be in accordance
with the Arbitration and Conciliation Act, 1996 as amended time to time. The
arbitration shall be conducted in English language and shall be held in
Ahmedabad.
Copyrights
This Service includes, but is not limited to,
application, text, photographs, graphics, video and audio content that is
protected by copyright as a collective work or compilation under the copyright
laws. All individual Programs, Applications, Content and other elements
comprising this Service are also copyrighted works. You must abide by all
additional copyright notices or restrictions contained in this Service. Unless expressly permitted, you
MAY NOT copy, reproduce, distribute, publish, enter into a database in order to
display, perform, modify, create derivative works, transmit, or in any way
exploit any part of this Service, except if you download material from this
Service for your own personal use as follows: you may make one machine readable
copy and/or one print a copy that is limited to occasional resources of
personal and educational interest only. Without limiting the generality of the
foregoing, you may not distribute any part of this Service over any network,
including a local area network, for sale or offer it for sale. In addition,
these files may not be used to construct any kind of database. You are also
responsible for all statements made or materials posted under your account,
including liability for harm caused by such statements or materials. You may
not transfer, sell, or otherwise assign your rights or obligations under this
Agreement
This Service is available "as is." We do
not warrant that this Service will be uninterrupted or error-free, and delays,
omissions, interruptions and inaccuracies in the news, information or other
materials available through this Service may arise. We are not responsible for
the availability or content of other services that may be linked to this
Service, nor do we make any warranties, express or implied, including without
limitation, those of merchantability and fitness for a particular purpose, with
respect to this Service or any information or goods that are available or
advertised or sold through this Service. We do not make any representations,
nor do we endorse the accuracy, completeness, timeliness or reliability of any
advice, opinions, statements or other materials or databases displayed,
uploaded or distributed in this Service or available through links in this
Service. We reserve the right to correct any errors or omissions in this
Service. Although we intend to take reasonable steps to prevent the
introduction of viruses or worms, "Trojan horses" or other
destructive materials to this Service, we do not guarantee or warrant that this
Service or materials that may be downloaded from this Service do not contain
such destructive features. We are not liable for any damages or harm caused by
such features. If you rely on this Service and any materials available through
this Service, you do so solely at your own risk.
Copyrights for Third party course
materials, including books, training materials and resources, video lectures
(live and recorded) and other intellectual property rights, trademark, title
and interest in or pertaining to the courses in the course catalogue is owned
by the respective Third Party. No resale, transfer, reproduction or re-export
of the course(s) content is authorized without the prior authorization of KESPL
and/or the Third Party for such courses offered by KESPL.
KESPL or our sites and their parents and affiliates, and
their directors, officers, managers, employees, shareholders, agents and
licensers are not liable for incidental, indirect, consequential, special,
punitive, or exemplary damages of any kind, including the loss of revenues or
profit, loss of business or loss of data, in any way related to our Services or
for any claim, loss or injury based on errors, omissions, interruptions or
other inaccuracies in our Service (including without limitation as a result of
breach of any warranty or other term of this Agreement). Any claim against us
shall be limited to the amount you paid, if any, for use of this Service.
This Agreement shall be governed by the laws of the
Country India. BY CONTINUING TO USE of KESPL services and any of our websites, YOU AGREE
TO ABIDE BY THE TERMS OF THIS AGREEMENT.
WARNING: It is illegal to reproduce material from this
website without the express permission and consent of KESPL. You
are welcome to link to any of our pages and you don't need to have any
permission. The User ID assigned to Registered Members of the Site is meant to
be used only by them and sharing of such sensitive details to others will be
viewed severely and when found the membership will be Cancelled without any
intimation.
Ownership of Rights
Any use of this website or its
contents, including copying or storing it or them in whole or part, other than
for your own personal, non-commercial use is prohibited without the explicit
permission of KESPL. All information displayed, transmitted or carried on the
Website is protected by copyright and other intellectual property laws. All
rights, including copyright, in this website are owned by or licensed to KESPL.
All content is owned by KESPL. You may not modify, publish, transmit, transfer,
sell, reproduce, create derivative work from, distribute, repost, perform,
display or in any way commercially exploit any of the content available in the
website.
From time to time, you will be given
due permission to download soft copies of course material, assignments, case
studies or other training materials as appropriate and as communicated to you
by KESPL. Such materials will be for your personal and non-commercial use only
and the related proprietary rights prohibit you from copying or reproducing,
transmitting or re-transmitting, distributing, disseminating, selling,
publishing or republishing, broadcasting, posting, modifying, uploading or circulating
any such material to anyone, unless you have executed a separate written
license agreement with KESPL. KESPL is not bound to provide Archives (a
recorded session) to the registered student/user if it is corrupted.
All the video content and lectures
(both live and recorded) made available during the course of a given program
copyrighted by KESPL or the respective Third Party and is subject to the
following conditions.
Unauthorized copying of such video
lectures/session/archives, software and other internet content is theft and a) you
may not copy or duplicate the video lectures/session/archive/file in any
manner. b) You may not use the video lectures/session/archive/file for training
or in a way that substitutes for purchase of the video product. c) You are
agreeing that your registration to the course is a binding agreement to use
KESPL’s video lectures/session/archive/file for personal learning purposes
only.
Unauthorized access, copying,
distribution, modification, display, reproduction or other unauthorized use of
copyrighted works that includes video lectures/session/file and other such
course related material by you may constitute an infringement of the copyright
holders' rights and may result in civil litigation and criminal prosecution.
If
you come across any abuse or violation of these Terms, please report to helpdesk@kiashelearning.com.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered on or by our Website,
submitted or offered in connection with your use of this Website (collectively,
the "Comments") shall be and remain our property. Such
disclosure, submission or offer of any Comments shall constitute an assignment
to us of all worldwide rights, titles and interests in all copyrights and
other intellectual properties in the Comments. Thus, we own
exclusively all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. We will be
entitled to use, reproduce, disclose, modify, adapt, create derivative works
from, publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any
way. We are and shall be under no obligation (1) to maintain any Comments
in confidence; (2) to pay you any compensation for any Comments of use of
comments; or (3) to respond to any Comments. You agree that any Comments
submitted by you to our Website shall not violate this policy or any right of
any third party, including copyright, trademark, privacy or other personal or
proprietary right(s), and shall not cause injury to any person or entity. You
further agree that no Comments submitted by you to our Website will be or
contain libellous or otherwise unlawful, threatening, abusive or obscene
material, or contain software viruses, bugs, worms, political campaigning,
commercial solicitation, chain letters, mass mailings or any form of
"spam". We reserve the right (but not the obligation) to monitor
and edit or remove any Comments submitted to our Website. You grant us the
right to use the name that you submit in connection with any Comments. You
undertake not to use a false email address, impersonate any person or entity,
or otherwise mislead as to the origin of any Comments you submit. You are and
shall remain solely responsible for the content of any Comments that you make
and you agree to indemnify us and our affiliates for all claims
resulting from any Comments you submit. We and our affiliates take no
responsibility and assume no liability for any Comments submitted by you or any
third party.
Indemnity
You agree to defend, indemnify and hold
us and our employees, directors, officers, agents and their successors and
assigns, harmless from and against any and all claims, liabilities, damages,
losses, costs and expenses, including attorney's fees, caused by or arising out
of or relating to claims based upon your actions or inactions, which may result
in any loss or liability to us or any third party, including but not limited to
breach of any warranties, representations or undertakings or in relation to the
non-fulfilment of any of your obligations under these Terms of Use or arising
out of the your violation of any applicable laws, regulations including but not
limited to Intellectual Property Rights, payment of statutory dues and taxes,
claim of libel, defamation, violation of rights of privacy or publicity, loss
of service by other subscribers and infringement of intellectual property or
other rights. This clause shall survive the expiry or termination of these
Terms of Use.
Termination And Survival of the Terms after the
Term ends
KESPL
may terminate these Terms at any time. Without limiting the foregoing, KESPL
shall have the right to immediately terminate your password or account or block
your IP address, in the event of any conduct by you, which KESPL, in its sole
discretion, considers to be unacceptable, or in breach of these Terms. You may
terminate these Terms at any time, provided that you discontinue any further
use of our Website/Services. Notwithstanding any other provisions of these
Terms, or any general legal principles to the contrary, any provision of these
Terms that imposes or contemplates continuing obligations on a party including
our right to any Comment will survive the expiration or termination of these
Terms.
Disclaimer and Limitation of Liability
The
Website is provided without any warranties or guarantees and in an "As
Is" condition. You must bear the risks associated with the use of the
Website.
We
will not be responsible for any errors or omissions or for the results obtained
from the use of such information or for any technical problems you may
experience with the Website/Services. This disclaimer does not apply to any
product warranty offered by us as specified in the product specifications. This
disclaimer constitutes an essential part of these Terms. To the fullest extent
permitted under applicable law, we or our partners shall not be liable for any
indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses arising out of or in connection with the Website, its services
or these Terms. Without prejudice to the generality of the section above, our
total liability to you for all liabilities arising out of these Terms be it in
tort or contract or any other legal theory is limited to the value of the
product ordered by you. We, our
associates and technology partners make no representations or warranties about
the accuracy, reliability, completeness, relevance and/or timeliness of any
content, information, software, text, graphics, links or communications
provided on or through the use of the Website or that the operation of the
Website will be error free and/or uninterrupted. Consequently, KESPL assumes no
liability whatsoever for any monetary or other damage suffered by you on
account of the delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Website; and/or any
interruption or errors in the operation of the Website.
Website Security
You
are prohibited from violating or attempting to violate the security of the
Website, including, without limitation, (a) accessing data not intended for you
or logging onto a server or an account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures; (c) attempting to interfere
with service to any other user, host or network, including, without limitation,
via means of submitting a virus, bug or worm or other file or software to the
Site, overloading, "flooding," "spamming," "mail
bombing" or "crashing”; (d) sending unsolicited email, including
promotions and/or advertising of products or services; or (e) forging any
TCP/IP packet header or any part of the header information in any email or
newsgroup posting. Violations of system or network security may result in civil
or criminal liability. KESPL will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site. You agree, further, not to
use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Site Our Website can be used on
most of the internet browsers.
Entire Terms
If
any part of these Terms is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed to be superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the Terms shall continue in effect. Unless otherwise specified
herein, these Terms and the Website policies constitute the entire agreement between
you and KESPL with respect to our sites/services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and us with respect to KESPL. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
Admission to the course/services
By
submitting a registration form and payment or purchase order to register in any
of the courses/services offered by KESPL, the student agrees to abide by the
following conditions. Please read this document carefully. If you do not accept
these Terms & Conditions, your admission to the courses/services will be
considered null and void. By agreeing to the Terms and Conditions, you are
indicating your acceptance to be bound by these Terms & Conditions. Kiash
Education Services Private Limited (KESPL) reserves the right to revise these
Terms & Conditions from time to time. KESPL requests you to read and
understand them as often as possible as it may not be possible for KESPL to
intimate you on every change that occurs in these terms & conditions.
Registering
online at the web site or offline at a Learning Centre does not entitle you to
the right of admission/selection for the courses/services. The Selection
Committee reserves the right to select or reject a candidate without any notice
or assigning any reason whatsoever.
Selected
candidates are required to comply with the rules laid down under the various
Policies and KESPL, reserves the right to expel a student or terminate the
candidature at any time if found otherwise.
As
a user, You agree to maintain (i) all content in the account including but not
limited to academic content, assessments, email/SMS content, profile
information and current billing and contact information, (ii) Email/mobile
phone number list and Address Book maintenance including opt-out contact
information and immediate removal of opt-outs and bounces from email/mobile
phone number lists and the address book, (iii) Payment of all agreed course
fees (iv) full responsibility for all activity associated with your use of this
Website and services and (v) compliance with all other obligations set forth in
these Terms and Conditions.
You
will provide current, complete, accurate information in the registration
section of this Website. You will further update and keep that information
current as needed. Email login must be a valid email address maintained by you.
You are solely responsible for maintaining the confidentiality of your password
and account information. You will immediately notify the Company of any unauthorized
account activity, or any unauthorized use of your email list(s) or any other
breach of security You become aware of by emailing at:
helpdesk@kiashelearning.com
Excluding
third party course materials, KESPL owns all copyrights, patents, trade secrets,
trademarks and other intellectual property rights, title and interest in or
pertaining to the courses in the course catalogue and all other services
developed by KESPL for the purpose of these courses on offer. No resale,
transfer or re-export of the course(s) and/or content is authorized without the
prior authorization of KESPL.
KESPL
reserves the right to change course prices at any time. In the event of such
change, confirmed registrations will be honoured at the original price. Changes
to Service Tax and other tax and duty components will be incorporated into the
Course Fee as and when such changes occur and the student will become liable to
pay the incremental fee. Course content for all the courses on offer is
provided for the purpose of education and guidance only. The course content is
regularly reviewed and is subjected to change without notice. KESPL reserves
the right to modify training content without notice.
KESPL
may terminate your access at any time for any reason. The provisions regarding
a disclaimer of warranty, accuracy of information and indemnification shall
survive such termination. KESPL may also monitor access to this Website. To the
extent allowed by local law, in no event will KESPL or its affiliates,
subcontractors or suppliers are liable for any incidental, indirect, special
consequential damages.
By
registering on this Website, You give your consent to receive, from time to
time, a call/text messages from KESPL which may include offers from us or our
affiliates and partners.
Course/Service Rescheduling/Cancellation
KESPL
reserves the right to cancel or change courses/services in this schedule at any
time. KESPL will endeavour to give as much notice as possible in the event of
courses/services being rescheduled or cancelled. Changes to Service Tax and other
tax and duty components will be incorporated into the Course/Service Fee as and
when such changes occur and the student/user will become liable to pay the
incremental fee.
Student/user
cancellation or rescheduling made less than 5 working days prior to the class
start date will be subject to the full course/service fee. KESPL reserves the
right to change or cancel classes prior to the class start date. You will be
notified at that time of any changes or cancellation. On-demand courses/services
may not be available in all locations/time.
