BY REGISTERING, ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (AS DEFINED BELOW).
IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS, DO NOT USE, ACCESS, OR REGISTER ON THE PLATFORM.
1.1. “Company” or “Us” or “We” or “Our” shall mean SupeResources Academy LLP, having its registered office at Flat No. FB1, Paramount Apartment, 1981 Convent Street, Camp, Pune, Maharashtra, 411001, India.
1.2. “Certificate” shall mean the certificate of completion, availed by the Customer, upon successful completion of the Services.
1.3. “Content” shall mean the variety of modules, courses and content, audio, images, photographs, software, text, icons, and such like content designed by the Company and offered through the Platform as a Service.
1.4. “Customer(s)” or “You” or “Your” or “User” shall mean the users of the Platform, who use the Platform and avail the Services offered by the Company, through the Platform and will include individuals or legal entities, availing the Subscription.
1.5. “End User(s)” shall mean the permitted users who access the Services and Content, through the Customer’s Subscription to the Platform, whereby such Customer is a legal entity.
1.6. “Fees” shall mean the fees for the Services, paid in accordance with Section 7 of these Terms.
1.7. “Platform” shall mean and include the website of the Company hosted under the domain name https://www.perseusudachia.com/, that allows the Customers to avail the Services.
1.8. “Service(s)” shall mean the access to the Content and coaching services, provided to the Customers through the Platform.
The Platform facilitates the provision of Services to the Users.
Upon following the process set out under Section 3 and subject to payment of the Fees for the Services, on the Platform, payable in accordance with Section 7 of these Terms, the Customer shall become eligible for receipt of the Services.
You understand and acknowledge that your use of the Platform is at your own risk and the Company shall not be liable for any consequences arising from such use.
Immediately upon registering on the Platform to access the Services and avail the Content by adding Content to cart for the first time, an account will be created for you by the Company on the Platform. For such registration, you shall be required to provide your name, email address, phone number, age and date of birth, registered address (if applicable) and other similar information, reasonably sought by the Platform. By such registration on the Platform, you will be eligible to:
(i) Avail the Services and access the Content;
(ii) Receive further alerts and instructions related to the Services made available through the Platform.
You agree to use the Platform and Content and ensure that the End Users (if applicable) will use the Platform and Content only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform or Content by the Company or other Users.
You agree not to access (or attempt to access) the Platform or Content by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way, reproduce or circumvent the navigational structure or presentation of the Platform or Content, materials or any Company property, to obtain or attempt to obtain any materials, documents or information, through any means not specifically made available through the Platform or Content.
You acknowledge and agree that by accessing or using the Platform or Content, you may be exposed to content from third parties, that you may consider offensive, or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive third-party content on the Platform.
In addition to the foregoing, you will ensure that the End Users comply with the terms of the end user license agreement (the “EULA”) hosted at [https://www.perseusudachia.com/end-user-license-agreement/] and appearing as Annexure-A under this Agreement.
By registering for the Services, through the Platform, you represent and warrant that you are of the age of majority in the jurisdiction in which you reside or, are registering through your parents or guardians (“Representative”), who are of the age of the majority in the jurisdiction, in which you reside. You and your Representatives agree to:
a) provide accurate, authentic, and true information about yourself;
c) be fully responsible for all actions carried out by you on the Platform and in relation thereto.
You must not register on the Platform, on behalf of another individual or entity unless you are a Representative, legally authorized to do so.
Registration with the Platform does not make you a member, shareholder, or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.
Upon providing the details set out in Section 3 and upon payment of Fees, your revocable, non-sublicensable, non-transferable, non-exclusive and limited subscription to the Content (the “Subscription”) and access to the Services, will commence.
The Services offered on the Platform are chargeable with Fees. The Company will share a payment link to make payment of the Fees, dependent upon your selected Content. Fees will be reflected in INR. In the event you opt to use an international credit card to pay for the Services, the payment gateway may localize the amount currency on the payment gateway’s popup screen to the applicable currency. All prices are inclusive of taxes unless stated otherwise.
You can elect to pay for access to the Services, through various modes of payment:
a) Net Banking, NEFT, RTGS, IMPS, UPI, and Debit & Credit Card;
c) Any other mode of payment as may be acceptable to the Company.
We shall be under no liability whatsoever, in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, having exceeded the credit limit with his/her bank or for any payment failure or issue, arising out of the transaction.
Use of the payment facilities made available by way of email or any other medium, shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Services availed through the Platform. The Company shall not be responsible for any damages, interests, or claims, arising from a transaction being unprocessed.
The Company utilizes a payment gateway for online payments. Every User, who elects to pay online using such payment gateway, hereby agrees to provide accurate information, such as credit/debit card information for availing the Services. Every User further warrant that he/she shall not use any payment information or instrument that is not lawfully owned by the User. The Company disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these Terms, the terms and conditions of the concerned bank or other financial institution shall also be applicable to every User. The Company disclaims any liability arising out of the failure to process payments by such banks or financial institutions.
If the Company terminates your account or, if you close your account or, if the payment of Fees or payment for change request cannot be completed for any reason, you shall be obligated to pay the Company for all unpaid Fees, in addition to any penalties, as may be applicable.
The Company is merely a facilitator for providing the Customers with payment channels through automated online electronic payments, collection, and remittance facility for the payment of Services, purchased by the Customers on the Platform, using the existing authorized banking infrastructure and online payment gateway networks.
The Company does not make any warranty or representations for the Services and Content, provided on the Platform. The Company shall not be held liable under any circumstances including, but not limited to any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Platform or Content. You understand that by using this Platform or availing the Subscription, you may be exposed to Content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such Content. You agree that you are solely responsible for your use of the Services made available through the Platform, and the Company shall not be responsible and/or liable for any consequences arising from such use.
The User, itself shall not directly or indirectly and ensure that its End User shall not:
a) copy, modify, adapt, translate, disassemble, alter, reproduce or otherwise make any changes in the Content or create any derivative works thereof,
b) use the Content or allow the transfer, transmission, publication or dissemination of the Content, in violation of any applicable laws or regulations,
c) provide access to the Content to any non- Users directly,
d) use the Content to develop any competing or similar content in perpetuity,
e) use the Services with any unsupported product or software or learning management system (“LMS”) in any manner not recommended by us,
f) use the Content and Services to access, store, distribute, or transmit any material that is defamatory, inflammatory, harassing, or racially or ethnically offensive, unlawful, harmful, threatening, obscene, violent or infringing any third-party’s proprietary rights.
The Platform may contain third party advertisements. The Content may contain references to certain third-party modules or materials, as suggested readings in relation to the Content. The display of such third- party materials does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant or third party, its products, or services. You are referred to the relevant advertiser or merchant or third party, as the case may be, for all information regarding the advertisement and its services or third-party material, as the case may be. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
The Platform, the Content and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform, the Content and such materials are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the Platform or the Content.
Nothing contained in this Section shall be deemed to grant you any rights to the intellectual property rights contained in such Content.
If you believe that the Platform contains elements, that infringe your intellectual property rights of any third parties, please notify the Company immediately. If we receive any intellectual property right infringement claim notification, we may remove all such Content, which is indicated as infringing and/or take any other appropriate action, in our sole discretion.
You cannot use the Content of, except as specified herein.
There may be proprietary logos, service marks and trademarks found on the Platform and the Content, owned/used by us. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of such proprietary logos, service marks, or trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may choose to, or we may invite you or any third parties to submit or you may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Services, including without limitation about how to improve the features of the Platform or Content (“Feedback”). By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback, without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company or developed by its employees or obtained from sources other than you.
In case you wish to submit any oral Feedback or raise a complaint, please write to firstname.lastname@example.org .
The Company may use Zoom calls, Google Meet(s), and other third-party video conferencing applications and text-based messaging, audio, and video calls to render the Services. The Users shall ensure that the content of chats is not offensive, indecent, inaccurate, misleading, or otherwise objectionable. The Company reserves the right to verify the foregoing periodically, to ensure that the Zoom call, Google Meet, or other third-party video conferencing facility is not misused. In the event any such misuse of the Zoom call facility comes to the notice of the Company, the Company may take appropriate action regarding the same, including but not limited to termination of provision of Services to the User(s), found to be indulging in such activities. The User agrees that the Company has the further right to record such calls and use it for purposes including, but not limited to, advertising of the Platform.
Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Platform, or other information of a confidential nature disclosed by the Company to the User under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the User from a third party, without breach of these Terms; (iii) was already in the possession of the User, without confidentiality restrictions, at the time of disclosure by the Company; (iv) is permitted for disclosure by the Company in writing; (v) independently developed by the User without use of Confidential Information; (vi) is required to be disclosed by the Company, pursuant to any order or requirement from a court, administrative or governmental agency. The User agrees not to use any Confidential Information for any purpose except as stated in these Terms.
We may encourage Users to participate in certain promotions, discount offers, contests, social media events, memberships (“Promotions”) released by the Company, from time to time. These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the Users if the Users wish to participate in these Promotions.
In the event that you have a dispute with one or more other third -party organisation or individuals or any other Users, except as expressly agreed under these Terms, you hereby release the Company, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platform. You further acknowledge and agree that the Company shall not be responsible or liable for any loss or damage of any sort, nor shall it be liable to initiate any legal proceedings, avail for you, or assist you in availing any injunctive relief or legal remedy against the applicable third-party.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, THE CONTENT, THE SUBSCRIPTION AND THE SERVICES PROVIDED THROUGH IT, ARE ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM, THE SUBSCRIPTION AND THE CONTENT THEREIN IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE CONTENT, THE SUBSCRIPTION, THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT PROVIDED OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, THE CONTENT AND THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE PLATFORM . THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY, THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS, INCLUDING IN REALTION TO ANY THIRD-PARTY MERCHANTS OR ADVERTISERS OR MATERIALS.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
i) any breach of these Terms;
ii) any breach of applicable laws;
iii) transactions (present and subsequent) between you and the Company or any third-party advertisers;
iv) your use of and access to the Services and Subscription;
v) any acts or omissions occurring through your use of the Platform including without limitation misleading, false, incomplete, or inaccurate information;
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE CONTENT PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION,THE DAMAGES THAT ARISE FROM YOUR SUBSCRIPTION OR YOUR USE OR MISUSE OF THE PLATFORM OR THE SERVICES, FROM INABILITY TO USE THE PLATFORM, THE CONTENT OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICES PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE PLATFORM OR CONTENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER DETAILS AND CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR CUSTOMER OR THIRD PARTY, AND THAT, THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DIRECT DAMAGES, HOWSOEVER ARISING, EXCEED THE FEES.
The Company reserves the right to terminate your right and access to use the Platform with or without any reason whatsoever. Additionally, your Subscription, your right to access the Content, and use the Platform terminates automatically upon your material breach of these Terms. Any termination in accordance with these Terms shall not result in refund of any Fees or other amounts already paid by you to the Company.
The Disclaimer of Warranties, the Limitation of Liability, Indemnity and the Jurisdiction and Applicable Laws provisions will survive any termination of these Terms.
Choice of Law and Jurisdiction:
These Terms are governed by and shall be construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts in Pune, Maharashtra, India shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations, or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.
The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship:
You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the Platform.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed 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.
We may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Platform after such change shall be deemed to be your acceptance of the revised Terms.
The Terms were last modified on the 13th January 2022.