Updated on 18th July-2017.
By clicking on the 'SIGNUP' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published, available or provided on www.WIISE.in (the "Website"), which is owned, maintained and monitored by WIISE Solutions Private Limited ("Us", "We" or "Our”).
By entering into this Agreement, You acknowledge and agree that Your user ID and password ("Participant Account") is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement.
You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our Customer Support Team at support@WIISE.in if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for ("Restricted Purpose").
You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for ("Content and Courseware").
We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
WIISE (herein referred to as “WIISE”) is an learning services provider, involved in the conduct of various professional learning programs, that lead to the award of certain Certificates, Diplomas and Degrees (hereafter referred to as “Certification” or “Certificate”), upon a successful completion by the enrolled candidates.
WIISE is by itself NOT a University, and the use of the term “WIISE” is a coined term used as a brand name, for convenience purpose only and is not to mean or be interpreted as a University under any applicable Indian laws
Through the Site, WIISE offers online, live virtual, classroom based learning programs, programs or other offerings in specific areas of study or on particular topics (each, a "Program"). WIISE reserves the right to cancel, reschedule any Program or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress that may be provided in connection Programs offered are subject to the Agreements, including without limitation the Warranty Disclaimer and Limitation of Liability sections below.
WIISE may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgment to a given participant will be solely within the discretion of WIISE. WIISE may choose not to offer any credential or other acknowledgment for some Programs. In decide in its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by WIISE relating to Programs will be determined by WIISE in its sole discretion and may vary from Program to Program. You may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course or Program ("Verified Certificate"), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Academia Partner or convey academic credit or certification for any Academia Partner;
if you are taking an Online Course or Program for academic credit or certification as a student of, or otherwise through, an Academia Partner, such as accredited universities and other Academia institutions, corporate sponsors and non-profit foundations and institutions (each an "Academia Partner"), any such credit or certification may only be awarded directly by the Academia Partner based on its own policies and procedures, and you may be required by that Academia Partner to be registered or enrolled with the Academia Partner in order to receive credit or certification; and, in any event, WIISE will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Academia Partner for any Online Course; you acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other Academia institution; and you will abide by the User Conduct Policy listed below.
The WIISE also allows learners to find OnDemand courses that they can consume at their own convenience, anytime, anywhere. This model allows Instructors to find learners interested in taking their courses. The WIISE service also publishes on-demand courses sponsored by Institutes. Several courses may result in certification either provided by the Institute or reputed 3rd party certifying agencies.
The Services enable learners (“Learners” or “Students”) to connect with independent contractor and instructors (the “Instructors” or the “instructors” or “Experts" ) who provide live and recorded instruction, tutoring, and learning Services in our proprietary platform (“Courses”). Learners and Instructors are, collectively, Users. The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to Indian laws and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Instructors and Users for these purposes directly or through third parties. You also grant to WIISE the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WIISE for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WIISE. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by WIISE in writing. You may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by WIISE in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WIISE or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilizing the WIISE name or trademarks without the express written consent of WIISE.
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company with a written communication to help@WIISEglobal.com and also use the procedures that We maintain at https://www.wiiseglobal.com/terms/
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
1. You must be 13 years or older to use the Service.
2. You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, valid email address, zip code, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. WIISE will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You agree not to upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner.
6. You agree to use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any User Submission — including text, communications, software, images, sounds, data, or other information — that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s. See "Copyrights, Licenses and User Submissions" above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the "Course Agreements") that a instructor and student may enter into in connection with a course, including any Course Agreements entered into through the Service. Students and instructors are each responsible to the other for complying with the terms of the Course Agreements, but WIISE has no control over either party’s compliance. Among other things, WIISE cannot control (a) the provisions of the Course Agreements, (b) the accuracy or legality of the Course Agreements or (c) any party’s performance of its obligations under the Course Agreements. Accordingly, WIISE shall not be held responsible for any liability arising out of the Course Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WIISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "WIISE PARTIES") FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE COURSE AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR INSTRUCTOR). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or attendance of a course is at your sole risk. WIISE does not supervise courses and is not involved in any way with the actions of any individuals (whether students or instructors) at any course. As a result, we have no control over the identity or actions of the individuals who are present at these courses, and we request that our users exercise caution and good judgment when attending Courses. You acknowledge and agree that by participating in any course (whether as a student or instructor) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any course. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WIISE AND EACH OF THE OTHER WIISE PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR INSTRUCTOR. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that: 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; 2.You are over the age of 13, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses. 3.You will not 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) through the Site or the Products; 4.You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content; 5.You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Company Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable; 6.You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and 7.You will not solicit personal information from any Instructor or other User. 8.The Courses offered on WIISE are offered directly by the Instructors or Institutions. WIISE is not responsible or liable for any information on its Service listings or profiles. 9.WIISE is not responsible for any changes made to a course by the instructor. 10.You agree to follow all reasonable rules set by a instructor with respect to a course, and not to take any actions to interfere with the instructor or any other students in the course. 11.You agree to attend each course solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ courses, or for interfering with any course or the instructor’s ongoing relationship with any students attending such course. 12.You may access course content for your information and personal use only. You shall not download any content unless you see a “download” or similar link displayed by WIISE on the Service. You may not share content from the Service with anyone who is not properly licensed to access the content.
If You are instructing Students in connection with a Course You are an "Instructor" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
You will earn revenue as an instructor through the WIISE Partner Program. You must apply and be accepted to become a Partner. WIISE outlines requirements for applicants, which are subject to change. These minimum requirements are a general guideline, and exceptions are handled on a case-by-case basis.
WIISE distributes at least 50% of its revenue as “royalty pool” to WIISE Partners on a monthly basis. Within the royalty pool, instructor payments are awarded in direct proportion to the number of monthly Premium enrollments in each instructor's course(es). For example, if 5% of our Premium enrollments for the month of July were in a course you are offering, you would earn 5% of the total amount in the royalty pool for July.
You may participate in our "WIISE Premium Membership" by subscribing to pay monthly or annual membership fees for unlimited access to "Membership Courses." Membership Courses are online courses that are offered as part of Premium Membership at WIISE’s sole discretion.
The terms of this membership could be changed at the sole discretion of WIISE without prior notice.
From time to time, we or others on our behalf may offer trials of paid subscriptions for our WIISE Premium Membership for a specified period without payment (Free) or at a reduced rate (a “Trial”). WIISE reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some trials, we will require you to provide your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring monthly or annual basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your WIISE account profile located at https://www.WIISEglobal.com/settings/payments.
You may participate in our "Student Referral Program" by referring potential students to the Service. Under the Student Referral Program, you will receive an award (a "Student Referral Award") of 1 free month of Premium Membership for each Qualified Student Referral (as hereinafter defined) redeemable only when you upgrade your WIISE account to a Premium Membership.
In order to receive a Student Referral Award, each of the following requirements must be met (any referral for which all such requirements are met hereinafter referred to as a "Qualified Student Referral"):
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
Satisfaction of a Qualified Referral (as hereinafter defined) and the Referral Award (as hereinafter defined) you receive will be reflected in your WIISE account in a commercially reasonable amount of time after the Qualified Referral has been completed. The Referral Awards you accrue will be displayed in your WIISE account referrals page. Referral Awards can be accrued solely by you and you may not earn Referral Awards by permitting another individual to use your WIISE account. Referral Awards accrued in multiple WIISE accounts may not be combined into one WIISE account. You may not earn Referral Awards by creating multiple WIISE accounts.
For purposes hereof, a "Qualified Referral" means a Qualified Student Referral, and a "Referral Award" means a Student Referral Award.
We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular certification training course.
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the "I ACCEPT" button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up online Participant Account, or until terminated by Us, whichever is earlier. We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement ("Event of Default"). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
The provisions of clause 4.3, clause 7.2, clause 8 and clause 11 of this Agreement shall survive the termination of this Agreement.
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys' fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
For Participants who are resident of Indian, this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Hyderabad, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.