Terms & Conditions
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Terms and Conditions
1. Acceptance of this Agreement
1.1 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 authorised 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.Digicrome (the
"Website"), which is owned, maintained and monitored by Careerer / Digicrome
. ("Us", "We" or "Our").
2. User ID and Password
2.1 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 and Courseware and termination of this
Agreement.
2.2 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@Digicrome if You become aware of or have reason to believe that there
is any unauthorised use of Your Participant Account. You also agree to take all
reasonable steps to stop such unauthorised use and to cooperate with Us in any
investigation of such unauthorised 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.
3. Content and Courseware
3.1 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, 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").
3.2 We reserve the right to amend, revise or update the Content
and Courseware offered to You. In the event such amendment, revision or
updation occurs, We may require you pay an additional amount of fees to access
such amended, revised or updated Content and Courseware.
4. Placement Terms & Conditions
Digicrome
is a proud training provider for Technology, Management, Law and other
upskilling courses. We work with jobseekers to make them employable, but we
don't guarantee any kind of job at any point of time.
5. Usage of the Website and Services
5.1 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 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").
5.2 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.
5.3 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.
6. Intellectual Property Rights
6.1 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.
6.2 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.
7. Usage of Personal Information of Participants
7.1 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.
8. Limitation of Liability
8.1 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.
8.2 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 unauthorised
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.
8.3 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.
8.4 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.
9. Term and Termination
9.1 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.
9.2 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 authorised 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.
9.3 The provisions of clause 4.3, clause 7.2, clause 8 and
clause 11 of this Agreement shall survive the termination of this Agreement.
10. Indemnity
10.1 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 unauthorised use of the Website, the Services and the
Content and Courseware or any violation or breach of this Agreement or any
provisions hereof.
11. Waiver
11.1 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.
12. Severability
12.1 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.
13. Governing Law and Jurisdiction
13.1 For Participants who are a resident of the U.S.A., this
Agreement shall be governed by and construed in accordance with the Laws of
Massachusetts and the courts in Massachusetts shall have the exclusive
jurisdiction over any matter relating to, in connection with, or arising out
of, this Agreement.
13.2 For Participants who are not a resident of the U.S.A., this
Agreement shall be governed by and construed in accordance with the Laws of
India and the courts in Noida, India shall have the exclusive jurisdiction over
any matter relating to, in connection with, or arising out of, this Agreement.
14. Amendment and Assignment
14.1 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.
14.2 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.
15. Entire Agreement
15.1 This Agreement, along with the privacy policy, refund
policy, rescheduling policy, terms of use and any additional guidelines, rules
and/or disclaimers posted on the Website constitutes the entire agreement
governing Your use of our Website and supersedes any prior agreements, if any,
relating to any matter dealt with in this Agreement.