THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF Crossborder EdutechPvt Ltd (“OUR”, “WE”, “COMPANY” OR “AMITY”) SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE “SIGNUP” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
User ID and Password
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 , 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.
Crossborder Edutech Pvt Ltd’s Intellectual Property Rights
All content or other material available on the Class Sites or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of AmityCrossborder Edutech Pvt Ltd and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian law.
Crossborder Edutech Pvt Ltd’s logos, trademarks and service marks which may appear on the Class Sites (“Marks”), are the property of Crossborder Edutech Pvt Ltd and are protected under Indian laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Class Sites are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Amity.
Usage of Personal Information of Participants
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.
License to Educational Content
Crossborder Edutech Pvt Ltd hereby grants you a license in and to the Educational Content under the following terms and subject to the following conditions:of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License, provided that, in each case, the Educational Content is specifically marked as being subject to the CC License. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the “Licensed Material” under the terms of the CC License. Without limiting the generality of the terms of the CC License, the following are types of uses that Crossborder Edutech Pvt Ltd expressly defines as falling outside of the definition of “non-commercial”:
(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Class Sites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Crossborder Edutech Pvt Ltd does not claim ownership of any User Content you may submit or make available for inclusion on the Class Sites or Online Courses. Accordingly, subject to the license granted to Crossborder Edutech Pvt Ltd below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
Additionally, from time to time, Crossborder Edutech Pvt Ltd (or its third party service providers on behalf of Crossborder Edutech Pvt ltd) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to Crossborder Edutech Pvt Ltd through a Crossborder Edutech Pvt Ltd/portal or the website/portal of Crossborder Edutech Pvt Ltd’s service provider. In the event that Crossborder Edutech Pvt Ltd (or its service provider) makes such a request to you, Crossborder Edutech Pvt Ltd will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to Crossborder Edutech Pvt Ltd (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to Crossborder Edutech Pvt Ltd); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to Crossborder Edutech Pvt Ltd and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License.
Additionally, in the event that you use any tools or other services of Crossborder Edutech Pvt Ltd’s service provider in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such servicer provider in conjunction with such use.
With respect to any User Content you submit to Crossborder Edutech Pvt Ltd (including for inclusion on the Class Sites or Online Courses) or that is otherwise made available to Crossborder Edutech Pvt Ltd, you hereby grant Crossborder Edutech Pvt Ltd an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Class Sites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Crossborder Edutech Pvt Ltd above shall be exclusive. Crossborder Edutech Pvt Ltd reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Crossborder Edutech Pvt Ltd to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Crossborder Edutech Pvt Ltd, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
To purchase any services or products offered by Crossborder Edutech Pvt Ltd through the Class Sites, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Crossborder Edutech Pvt Ltd, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Crossborder Edutech Pvt Ltd Class Sites as they become due, whether on a one-time or subscription basis.
Unless otherwise specified upon enrollment, for subscription products or services, your Payment Method will be authorized for up to approximately one month of service as soon as the free trial, if any, has concluded for the Online Course for which you register for a paid subscription and on a monthly basis thereafter until you cancel the subscription. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Crossborder Edutech Pvt Ltd does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. For subscription products or services, you may cancel at any time by going to your account settings. Other than stated above, you hereby acknowledge and agree that edugate will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee refunds for lack of usage or dissatisfaction.
In some instances, you will be permitted to pre-enroll in a course subscription before the course has begun on the Course Site. In these cases you will be billed on the day the course begins and billed monthly thereafter. You may cancel at any time by going to your account settings. If you cancel your subscription at any time before the course begins, you will not be charged.
Currently, your subscription to Crossborder Edutech Pvt Ltd products or services will start with a free trial. The free trial period for any of your subscriptions will last for the period of time specified during your sign-up. Free trials for any products or services may not be combined with certain other offers when specified in the offer language. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel at any time by going to your account settings. If you cancel your subscription during a free trial period, no charges will be made against your Payment Method. You may be ineligible for certain features of a product or service during your free trial period.
Services Availability and Limitations
You acknowledge and agree that Crossborder Edutech Pvt Ltd services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that Crossborder Edutech Pvt Ltd, at its sole discretion, may limit, suspend, or terminate your use of all Crossborder Edutech Pvt Ltd-provided services related to Crossborder Edutech Pvt Ltd’s programs, such as access to Crossborder Edutech Pvt Ltd Coaches, evaluation services, or certifications. You also understand that Crossborder Edutech Pvt Ltd may modify or discontinue all services related to its programs at its sole discretion.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Class Sites, the Online Courses and all Content and services available on the Class Sites is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CLASS SITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASS SITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
Linking to Other Sites
The Class Sites may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Crossborder Edutech Pvt Ltd does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Class Sites at any time for any reason or for no reason.
Crossborder Edutech Pvt Ltd WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
Limitation of Liability
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.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 13, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
We may terminate Your use of the Products or Site 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. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at email@example.com (but if You are an Instructor then Students enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.
Pricing for Paid Courses
“Base Price” means the course price set by the Instructor.
“Base Currency” means the currency of the Base Price.
“Base Exchange Rate” means a system-wide rate used by the Company for foreign currency conversion and does not include any fee or mark-up by the Company. The rate is established using one or more third parties such as Open Exchange Rates and is fixed periodically (e.g. monthly) to prevent daily price fluctuations. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
“Sale Price” means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, the Company will determine the Sale Price based on the applicable Base Exchange Rate and Cost Adjustment Factor.
“Sale Currency” means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.
“Cost Adjustment Factor” means applicable local taxes and other fees associated with currency conversions. In regions that use a common currency.
Except when a Course is made available through the Crossborder Edutech Pvt Ltd Marketing Programs, or a Course is offered on Company’s iOS mobile applications, an Instructor will be solely responsible for determining the Base Price to be charged for such Course, in accordance with the Instructor Terms .In the case of Courses offered on Company’s iOS applications, Company will select the Apple App Store price tier (App Store Pricing Matrix available here) that is closest to the fee set by the Instructor. When the Sale Currency is different than the Base Currency, the Company will determine the Sale Price according to the most recent Base Exchange Rate and applicable Cost Adjustment Factor.
If You are a Student, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.
Please read the following carefully.
These terms and conditions (“Terms and Conditions”) control your use of this website edugate.org (“Website”). In these Terms and Conditions, “Crossborder Edutech Pvt Ltd” is referred to as the “Company”, “us,” or “we.”
‘You’ refers to a user or a paying customer. If you are a company or another person who gives access to company products, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer.
The Crossborder Edutech Pvt Ltd website (the ‘Site’), the educational services made available through the site and the content (the ‘Products’) are owned, operated and maintained, as applicable, by Crossborder Edutech Pvt Ltd (‘we’, ‘our’, ‘us’, or the ‘Company’). The Site, Products and Content are, collectively, the ‘Company Products’.
Please read them carefully before you use the services of this site.
- Under no situations or circumstances, will the company be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any content made available via our products, services, or various resources such as email, blog etc.
- Our services are free to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
- You will be required to use login credentials for some of the sections on the site and the company reserves the right to block access to our services for any user who does not follow these conditions
- We make sure that users get uninterrupted access to our service, but there is no obligation to do so.
- Crossborder Edutech Pvt Ltd is not responsible and is not obligated for issues in your network or server beyond certain limits.
Website usage guidelines
- Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others;
- Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
- Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers.
- It’s prohibited to edit HTML source code, reverse engineer or attempt to hack.
- Do not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
- Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- Do not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Links and Hyperlinks Terms
This website may have links to other websites. We do not undertake any control on the content of these websites; nor are we responsible for their website content. The sole purpose of the links included are to provide users information. Hence, Crossborder Edutech Pvt Ltd will not be held responsible.
- You may not mirror or frame the homepage or any other pages of this Site on any other website or webpage.
- Do not link to Crossborder Edutech Pvt Ltd pages and subpages with spam links/anchor text, which could provide a false impression. This may create misunderstanding for the users.
- Do not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to Crossborder Edutech Pvt Ltd website.
- Do not link to pages which support racism, terrorism.
- Do not link to pages which provide pornographic content and violate human and animal rights.
- Do not link pages to content which infringes the intellectual property of any third party, person or entity.
- Do not link pages to content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.