EXCEL MINDSET TRAINING ACADEMY EDUCATION SERVICES TERMS AND CONDITIONS AGREEMENT
Throughout this Terms and Conditions Agreement, the use of “we”, “our”, “us" or “APU”, refers to APU Commercial Information Systems ("APU") or an authorized distributor of the APU products and Excel Mindset Training Academy education services, hosted on Monitor Nexus Cloud platforms (the "Cloud Platform").
Please note that we also employ independent third party service providers which are called as "Service Providers". Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").
APU is authorized to make changes to its Terms & Conditions at any time. When we do update this document, we will revise the date at the top of this page. Additionally, we will also send out emails on the email address provided to us, letting you know regarding changes. We encourage Users to frequently check this page for any changes that are made to this document and to stay informed regarding our terms and conditions. You acknowledge that continuing to use our website and/or services after the revision of the Terms & Conditions signifies your agreement and acceptance of these policies. If you do not agree with these policies, please refrain from accessing our website and using our services.
If you do not wish to be bounded by the Terms, you should not subscribe to or use any of our services. By accessing our site or using our services, you confirm that you are you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the site and/or services only with the approval of your parent or guardian), that you are legally able to enter into this agreement, and that you have read, understand and agree to be bound by this agreement.
Registration: Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. APU at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof. To use the services on our website, you will require to register and obtain an account and a password. When you register with us, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, your "Account") and for all activities associated with or occurring under Your Account. We assume that the information in your account is accurate at all times. You must notify us in the following scenarios: (a) of the unauthorized use of your Account and breach of security, and (b) ensure that you exit from Your Account at the end of each use of the Services. You may not transfer your Account to any other person and you may not use anyone else's Account at any time. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for it.
Services Offered: APU provides a number of Internet-based services that enable users to purchase digital learning content such as Video Tutorials, Ebooks and Source Code through the Web Site (all such services, collectively, the "Service"). After making the payment, APU shall provide you access to the courses on your dashboard page which can then be viewed and downloaded.
Delivery Policy: All our products are consumed on the website and can also be downloaded from it depending on the nature of the product. We do not ship the product to your address. After purchasing our content you will be redirected to your course dashboard page and you will be able to view and consume the content. You will also be able to download it if applicable.
Refund and Cancellation: Due to the nature of the products / services offered, we have no refund policy.
User Conduct and Rules: The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that APU's name is stated as the source and prior written permission of APU is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
2.publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6.download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
8.violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
9. violate any applicable laws or regulations for the time being in force in or outside India
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
11. exploit any of the services. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about APU, its associates and partners on any property owned by APU.
As per these Terms and Conditions, users are solely responsible for every material or content uploaded on to the Website. APU does not review the contents in any way before they appear on the Website. APU does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned APU owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to APU without obtaining authorization from APU.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs, forums, flashcard decks) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links to Third Party Sites: The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of APU or the Website and APU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. APU is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. APU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by APU or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Consent to Receive Email
For users located outside of the European Economic Area (EEA): Your registration to the website and rendered services is considered as consent to continue receiving mail from APU, including messages regarding service issues and promotions. You can choose to unsubscribe from these emails, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, by clicking on the unsubscribe link in the emails.
For users located in the European Economic Area (EEA): For users located in the European Economic Area (EEA), we only send marketing communications with your prior consent. You can withdraw your consent at any time by clicking the “unsubscribe" link found within APU emails. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
Disclaimer of Warranties/Limitation of Liability
APU has endeavored to ensure that all the information on the Website is correct, but APU neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall APU be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall APU be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, APU shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond APU's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification: You agree to indemnify, defend and hold harmless APU from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by APU that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Pricing: Prices for products are described on our Website and are incorporated into these Terms by reference. Prices, products and Services may change at APU's discretion.
Termination: APU may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or APU terminates your use of the Website or any Service, APU may delete any content or other materials relating to your use of the Service and APU will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Governing Law: These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at United Arab Emirates (UAE).
Severability: If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Cancellation of Fraudulent Orders: To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, APU reserves the right to cancel all past, pending and future orders without any liability. APU also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the canceled orders may not be refunded.
Terms for Offers and Promotions
We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website. The terms and conditions for such offers, shall be separately available on the Site.
APU reserves the right to change / modify / add / delete any of the terms and conditions prevailing on the different offers and promotional schemes it introduces in market from time to time. APU, at its discretion, can withdraw a particular promotional scheme from the website or market.
While participating in any APU offers and promotional scheme, you hereby agree to release and hold APU (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said promotion.
APU reserves the right to cancel any orders placed using offers and promotional coupons. Some situations where your order may be cancelled include, without limitation, misuse of any promotional coupons, unauthorized usage of coupons or inaccuracies of coupons pricing and value thresholds.