TERMS AND CONDITIONS ( Online )
Persons under the age of eighteen (18) may not use the Services without the permission of a parent or guardian. By using the Services, you affirm that you are at least eighteen (18) years of age (or the age of majority in your country of residence, if greater than eighteen (18).
If you do not agree to abide by these terms and conditions, immediately discontinue your access to and use of the services. Any breach of these terms and conditions immediately terminates your right to access and use the services and all rights and licenses granted to you by these terms and conditions.
To the extent you have any questions, or complaints concerning these Terms and Conditions, please contact us at [email protected]
- Content and Intellectual Property.
The content provided through the Services by Booming Bulls and its licensors or suppliers, including but not limited to any text, illustrations, files, images, scripts, graphics, music, sounds, photographs, videos, information content, URLs, interactive features, documentation, or other materials (collectively, the “Content”) and all underlying software or technology used in connection with the Services (“Technology”), including but not limited to all intellectual property rights in and to the Content and Technology, is and remains at all times the property of Booming Bull or its licensors or suppliers, as the case may be, with all rights not explicitly granted herein reserved to Booming Bull, or its licensors or suppliers, as applicable. Nothing in these Terms and Conditions shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms and Conditions. If you would like to use any of our Content, you must first obtain written permission from Booming Bull by contacting us at [email protected]. Booming Bulls reserves the right to refuse permission for any reason or no reason.
Any use of the Content other than as expressly authorized herein, without the prior written permission of Booming Bulls, is strictly prohibited and shall immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms and Conditions. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.
The trademarks, service marks, trade names and logos, including without limitation Booming Bulls™ and any third party marks used and displayed through the Services are trademarks of Booming Bulls Academy, its licensors, affiliated companies or sponsors.
The animations, music, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Services are service marks, trademarks or trade dress of Booming Bulls Academy and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by Booming Bulls Academy in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Booming Bulls Academy, its affiliated companies or its or their sponsors, licensors, partners, customers or suppliers.
Booming Bulls Academy complies with all applicable Indian intellectual property laws. If you believe that your work has been copied in a way that constitutes intellectual property infringement, or your intellectual property rights have otherwise been violated, please provide the following information to the Booming Bulls Academy:
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website or other Services;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on such owner’s behalf.
The Booming Bulls Academy Agent can be reached as follows:
By email: [email protected]
Booming Bulls Academy will investigate the matter and, after such investigation and in its sole discretion, Booming Bulls Academy will promptly remove any infringing content from the Website.
Similarly, if you believe that any content on the Website or Services violates any proprietary or other rights of yours (other than your copyrights), please contact us using the above contact information and describe your concerns or complaints.
- Restrictions; Use of Services.
The following restrictions apply to your use of the Services: (i) you will not engage in any activity related to the Services that is contrary to applicable law, regulation or the terms of any agreements you have with Booming Bulls or any other parties; (ii) you will not commercially exploit any part of the Services, except as expressly permitted by Booming Bulls; and (iii) all information and materials contained in the Services, except where otherwise expressly indicated, are owned and controlled by Booming Bulls Academy. You may not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, publicly display, publicly perform, post, transmit, sell or otherwise exploit any intellectual property or Content appearing on or through the Services, or create derivative works based on such Content, in any form or by any means, in whole or in part, without Booming Bulls’ prior written permission, unless expressly permitted elsewhere under these Terms and Conditions. You may not circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
Any unauthorized use of the Services, including but not limited to misuse or any other use in violation of these Terms and Conditions of any information or Content, is strictly prohibited. If you violate any of your obligations or restrictions set forth in these Terms and Conditions, your permission to use and access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
You have to create an account in order to use the Services. You are obligated not to gain unauthorized access to the Services, or any account, computer system or network connected to the Services, for example, through hacking, password mining or any other illicit or unauthorized means.
When accessing or using the Services, you are strictly prohibited from and you are hereby obligated NOT to:
- Write any unsolicited communications or social media reviews or defamatory statements or advertising not expressly authorized by Booming Bulls Academy in writing, including without limitation promotional materials, affiliate marketing, junk mail, spam, link referral code, chain letters, or pyramid schemes, or post links to external websites, unless integral to the conversation, as determined by Booming Bulls Academy in Booming Bulls Academy’ sole discretion;
- try to upload any material that contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Services to impersonate any person or entity, including but not limited to an employee of Booming Bulls Academy or its affiliated companies, or falsely state or otherwise misrepresent yourself, your age or your affiliation with a person or entity;
- instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- violate the terms of any third party website or service, or the terms of any other agreement with any third party;
- Suggestions and Feedback.
Please note that we do accept or consider ideas, suggestions or materials. If you send us suggestions, ideas, notes, drawings, concepts or feedback related to the Services, all such submissions shall be and are hereby deemed to be confidential, and Booming Bulls Academy shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, Booming Bulls Academy shall be entitled to unrestricted use of any suggestions, ideas, notes, drawings, concepts or feedback related to the Services for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
- Third-Party Sites.
The payment contract automatically ends when the User has completed the access of the webinar he has paid for and the Booming Bulls Academy reserves the right, in its sole discretion, to refuse, suspend, restrict or terminate your access to the Services, or any portion thereof, without notice and for any reason or no reason. Furthermore, Booming Bulls Academy has the right, but not the obligation, to suspend or terminate your access to all or part of the Services:
- At the request of law enforcement or other government agencies;
- If the Services are discontinued or materially modified;
- Upon the occurrence of any technical or security issues or problems; or
- If you engage in any conduct that Booming Bulls Academy believes, in its sole discretion, violates any provision of these Terms and Conditions or other incorporated agreements or guidelines or violates the rights of Booming Bulls Academy or third parties.
In addition, Booming Bulls Academy may terminate individual user accounts due to inactivity. You agree that upon termination Booming Bulls Academy may delete all information related to you. You agree that none of the Released Entities will be liable to you or any third party for any termination or suspension of your account or for blocking your access to the Services.
If any provision of these Terms and Conditions is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No waiver by Booming Bulls Academy of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by Booming Bulls Academy must be in writing signed by Booming Bulls Academy.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within six months after such claim or cause of action arose or will be forever barred.
No provision of these Terms and Conditions provides any person or entity not a party to these Terms and Conditions with any remedy, claim, liability, reimbursement or cause of action, or creates any other third party beneficiary rights, except as expressly set forth in these Terms and Conditions.
The services, including the website and the content, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Booming Bulls Academy and its affiliated companies, licensors, suppliers, partners and sponsors, and each of their respective directors, officers, agents, contractors, advisors, employees, licensors and suppliers (“released entities”) disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from a course of dealing, course of performance or usage of trade.
For the sake of clarity, Booming Bulls Academy does not warrant or covenant:
- That the services or content will meet your requirements or be available at any time or from any particular location;
- That the services or content will be accurate, secure, useful, timely, informational, uninterrupted or error-free;
- That defects or errors will be corrected; or
- That the services are free of viruses or other potentially harmful components.
All or a portion of the Services may be temporarily unavailable from time to time for maintenance or other reasons. Booming Bulls Academy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. Booming Bulls Academy also is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including without limitation injury or damage to any person’s computer (including without limitation any tablet or smartphone) or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet or in connection with the Services. Under no circumstances will Booming Bulls Academy be responsible for any loss, damage, personal injury or death resulting from anyone’s use of the Services. Booming Bulls Academy has no special relationship with or fiduciary duty to you. For the avoidance of doubt, nothing in these Terms and Conditions shall seek to limit or exclude our liability for death or personal injury caused by negligence, for fraud or for fraudulent misrepresentation.
Warranty disclaimer; limitation of liability.
To the fullest extent permitted by applicable law, Booming Bulls Academy makes no representations or warranties whatsoever, express or implied, with respect to the services, including without limitation any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. In no event shall any released entity be liable to you or to any third party for any loss of use, revenue or profit or loss of data or diminution in value, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. Our liability in the case of gross negligence is limited to foreseeable damages typical for this type of contract. The total liability of Booming Bulls towards You in respect of all other losses arising under or in connection with these terms and conditions, tort (including negligence), breach of statutory duty, or otherwise, will not exceed an amount equal to the course fees payable by the User under the agreement in relation to the Services giving rise to the liability.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Booming Bulls Academy from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with the use of the Services, including without limitation any dispute between users of the Services or between a user of the Services and any third party.
To the extent that you do have any claims against Booming Bulls Academy, you agree that:
- Any and all disputes, claims and causes of action against Booming Bull Academy arising out of or connected with your use of the Services shall be resolved individually, without resort to any form of action; and
- Any and all claims, judgments and awards shall be limited to actual damages and out-of-pocket costs incurred, but shall in no event include attorneys’ fees.
You agree to indemnify and hold the Booming Bulls Academy and their successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including without limitation reasonable attorneys’ fees, arising out of or in connection with:
- Your use of the Services other than in accordance with these Terms and Conditions;
- Your conduct, acts and omissions in connection with the Services which breach these Terms and Conditions;
- Any dispute related to the Services between you and one or more users of the Services; and
- Your violation of these Terms and Conditions, any agreements between you and any third party relating to your use of the Services, or of any law or regulation or the rights of any third party, including but not limited to intellectual property rights.
The foregoing indemnification obligation will survive these Terms and Conditions and your use of the Services. Booming Bulls Academy shall provide notice to you of any such claim, action or demand and Booming Bulls Academy may, in Booming Bulls Academy’ sole discretion, assist you, at your reasonable expense, in the defense or settlement of such claim, action or demand. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Disputes; Governing Law; Choice of Forum
Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date. If the parties cannot agree upon an arbitrator within thirty (30) days from the date the claimant’s request for arbitration was served on the other party or parties, the sole arbitrator shall be appointed by the Law in accordance with the Rules. The cost of arbitration proceedings including the fee of the arbitrator shall be borne by both the parties in equal proportions. The place of arbitration shall be at New Delhi and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in New Delhi. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date, shall apply. The arbitrator will have the authority to award money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but not the authority to award exemplary or punitive damages, and any claimed right to such damages is expressly waived. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi, INDIA.
You have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
How to contact us
This document is an electronic record in terms of Information Technology Act, 2000 and rules 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.
The domain name https://boomingbulls.com/ (“Website”), is owned and operated by Booming Bulls Academy (“a sole proprietorship firm, headed by its proprietor Mr. Anish Singh Thakur”) having its registered office at 219, Chand Nagar Tilak Nagar New Delhi-110018, where such expression shall unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents, and their successors and assigns.
If you are found reproducing our course content, or selling our strategy by recording or sharing, you must be liable for lawsuit and a compensation of 1.5 Lakh.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when users visit our site, fill out a form (opt-in forms) and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number and IP address. Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us.
While making payments online for the course, Booming Bulls may save your credit card or debit card details. Booming Bulls assures and agrees not to share such data with any third party. The price payable for the webinar or course shall be the list price of Booming Bulls at the Confirmation Date unless otherwise stated. That Booming Bulls reserves the right to increase the price from that advertised on the Academy’s website or in other forms at their discretion and for any reason prior to the course commencement. If the User has made payment of the previously advertised price then the same shall be informed about such an increase in the prices and the User will be at liberty to choose whether or not the User wishes to continue with the same program and Booming Bulls shall be at its complete discretion with regard to refunds in such scenario. All prices are exclusive/inclusive of applicableTaxes, and this will be charged at the appropriate rate. Booming Bulls does not provide any installment payment of the webinar or online course to the User. All the payments are to be paid at once.
Users can always choose not to supply personal identification information, except that it may prevent them from engaging in certain site-related activities.
The Booming Bulls will never ask you and you must never provide sensitive personal data or information to the Booming Bulls or to any person/entity representing the Booming Bulls. Any disclosure of sensitive personal data or information shall be at your sole risk and without any liability to the Booming Bulls (including its directors, key managerial personnel, officers and employees). You understand, acknowledge and agree that the Booming Bulls or any other person acting on behalf of the Booming Bulls shall not in any manner be responsible for the authenticity of the personal information or sensitive personal data or information provided by you to the Booming Bulls.
You must not disclose your:
- Physical, physiological and mental health condition;
- Sexual orientation;
- Medical records and history;
- Biometric information;
- National identification numbers;
- And such other sensitive personal data or information.
Please note that identity theft and the practice currently known as “phishing” are of great concern to the Booming Bulls. We do not and will not, at any time, request your credit card information/debit card information/financial pin numbers and passwords.
You hereby consent to the collection, storage, use, disclosure, transfer, processing of the personal information for the purposes set out herein.
We may disclose your personal information in the circumstances set out below and you hereby consent to the same to be shared with:
- Any third-party service provider to whom disclosure is necessary to enable us to provide you with the services which you wish to access on or through the website;
- Any person/entity to whom disclosure is necessary in accordance with applicable law;
- Any government or statutory authority or court of law or judicial forum to whom disclosure is necessary in accordance with applicable law;
- In circumstances we believe necessary or appropriate to respond to valid claims and legal process, to protect the property and rights of the Booming Bulls, to protect the safety of the public or any person or user, or to prevent or stop any illegal, unethical or legally actionable activity;
- Any person/entity to whom disclosure is necessary to enable us to enforce our rights;
- To our associate companies, business partners, agents or third parties for the purposes of the services or for any other marketing and promotional activity undertaken by or on behalf of the Booming Bulls;
- Any entity that legally acquires the Booming Bulls or its website.
We understand the importance of data security and we want your browsing experience with us to be as safe as possible. We have implemented reasonable safeguards and precautions to protect your personal information.
We do not sell, trade, or rent users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Please understand that, while we strive to protect your personal data against potential risks and exposures, there is no absolute security in the online/ internet sphere. Therefore, you must not disclose any information on the website that is sensitive personal data or information. You understand that the transmission of information over the internet is not completely secure and there are risks associated with it. Although we strive to protect your personal information, we cannot guarantee the security of the same while it is being transmitted to our website and any transmission is at your own risk.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Booming Bulls / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Booming Bulls reserves the right to cancel or arrange an alternative date for the webinar conducted online or online course. In such circumstances, Booming Bulls will endeavor to provide notice of cancellation or change to the User. In the event of cancellation by Booming Bulls, the User will be entitled to a full refund of the course fee, but the User agrees that Booming Bulls shall not be liable for any other loss or expense arising in any manner whatsoever.
The User may cancel the webinar or course booking by notifying Booming Bulls in writing by acknowledged email as soon as reasonably practicable. The User shall be liable to pay a cancellation fee as follows-
Number of Days Notice
Proportion of Course Fee Payable as Refund
0 – 3 Working Days
3 – 7 Working Day
In the event that the User is unable to attend the webinar or course booked, Booming Bulls will endeavor to transfer the User to a new batch of the webinar or course. If this is requested, then the only charges applicable will be any difference in the course price.
The Booming Bulls Academy will endeavor to accommodate requests by the User to substitute one User for another but is under no obligation to do so. Such requests are subject to the replacement User meeting the prerequisites for the course. In the event of a substitution, the Client shall pay an administration fee.
By default, your web browser will accept cookies, however, this can be altered by you. You have the option of enabling or disabling cookies in your web browser. If you do not want us to install cookies, you may change the settings on your web browser to disable cookies. However please note that if you disable cookies, you may not be able to use all of the features of the website.
The website and/or third parties may use “cookies”, and other similar tracking technologies (collectively, “tracking technologies”) to collect information automatically as you browse the website and the internet. For the purposes of this clause below terms have the meanings as set out below:
By visiting the website whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the website through these tracking technologies.
If you do not consent to any part of the privacy terms herein or wish to withdraw consent to process your information, then you may stop using the website and ask us to remove your information from our records by writing to us at [email protected]
Dispute Resolution and Jurisdiction
In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Booming Bulls, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be in New Delhi, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India, and that the Courts at New Delhi, India, shall have exclusive jurisdiction over any disputes arising between the Parties.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Anish Singh Thakur
(E-mail: [email protected])
Thank you for using our Services. We hope you find the Services helpful, informative and convenient to use. If you have any questions regarding these Terms and Conditions, please contact us by email at [email protected]
Terms and Conditions (Offline)
Whereas the Academy is an educational training, research, and development organization which focuses on the Stock market trading for investors, traders and the general public. The course provides a brief knowledge of buying and selling of shares. This course will help you to understand the basics of the stock market and how it will work and how we can make money by trading in shares. The Academy aims to trains the students/clients in emerging skills and makes them ready for contemporary jobs.
- General Provisions:
a. Both the Parties have full power and authority to enter into this agreement and take any action and execute any documents required by the terms hereof; and that this agreement entered into has been duly and validly executed and delivered, and is a legal, valid, and binding obligation of, enforceable in accordance with the terms hereof; and that the executants of this agreement are duly empowered and authorized to execute this agreement and to perform all its obligations in accordance with the terms herein.
b. Parties shall perform their duties in strict compliance with all applicable laws in India along with rules and regulations of duly constituted Government, authorities in India and shall obtain all licenses, restrictions or other approval, if any, required by laws in India in connection with the services to be rendered hereunder.
c. The Student shall strictly follow the Academy’s norms, rules and regulations for conducting the programs and shall maintain high standards of behavioral ethics.
d. This agreement shall only become effective at the Confirmation Date.
e. Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by the Academy or its Training Providers shall be subject to correction without any liability on the part of the Academy.
f. No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorized representative of the Academy.
g. The Academy may assign or sub-agreement the whole or any part of the agreement to any person, firm or company.
h. These Terms and Conditions shall be governed by and construed in accordance with the Indian law and the parties agree to submit to the exclusive jurisdiction of the New Delhi courts.
i. The Academy Agrees to provide you with access to our classroom and online learning environment, access to associated learning material and mentors will reply to your queries throughout your course, mark and provide feedback on your performance in assessment exams, provide you with access to our student support services, issue certificate or diploma on successful completion of a training course.
j. The Academy may make modifications to your Training Course (consisting of modules, learning materials, and assessment procedure), to our policies and procedures from time to time, and reasonable changes to our course fee structure.
k. The Student agrees and acknowledges to comply with all the terms mentioned herein in this agreement.
l. The Student agrees not to record any classroom lectures and agrees not to post any such videos or course material on ay social media website failing which the same shall fall into the Intellectual property infringement and the same shall be liable for legal actions by the Academy. m. The student agrees and acknowledges that the Academy doesn’t permit any student to post any kind of review on any social media website failing which the same shall be treated as defamatory statements against the Academy and the Academy shall take appropriate civil and criminal action against the student.
a. That the price for the course is Rs. _________________/- for a month.
b. The price payable for the Course shall be the list price of Academy at the Confirmation Date unless otherwise stated. That the Academy reserves the right to increase the price from that advertised on the Academy’s website or in other forms at their discretion and for any reason prior to the course commencement. If the student has made payment of the previously advertised price then the same shall be informed about such an increase in the prices and the student will be at liberty to choose whether or not the student wishes to continue with the same program and the Academy shall be at its complete discretion with regard to the refunds in such scenario. All prices are exclusive/inclusive of applicableTaxes, and this will be charged at the appropriate rate.
c. You acknowledge that the Course Fee doesn’t include:
c.1. any hardware, software, printed materials (fees may apply if these are required) or equipment/ material for your course,
c.2. travel or other personnel costs (such as uniforms) associated with undertaking workplace assessments.
- Terms of Payment:
a. Where the Services relate to the provision of a training course, payment by cheque, credit card, debit card or bank transfer is required no later than 20 (twenty) Working Days before the course start date. Special arrangements may be separately agreed in the case of late bookings.
b. The Academy is entitled to charge interest at 18% interest or part thereof on overdue payments or the Academy may cancel the training course of the student due to overdue payment or may restrict the student’s access to the institute, training room or any access of such course.
c. That the Academy shall not provide any provision of installment of the course fee. The student agrees to pay the entire amount as per this agreement.
- Course Duration:
a. That the course duration shall be of 1 (one) month from the start date as mentioned hereinabove.
b. That the student shall agree to attend the sessions as and when provided as the Academy shall not be liable for any extension of course due to the absence of the student on the day of the session.
c. That if the Academy extends the course session for any student, the same shall be charged as per the Academy’s discretion.
- Cancellation, Transfers, and Substitutions with respect to Training Course
a. The Academy reserves the right to cancel or arrange an alternative date for a course. In such circumstances, the Academy will endeavor to provide notice of cancellation or change to the student. In the event of cancellation by the Academy, the student will be entitled to a full refund of the course fee, but the student agrees that the Academy shall not be liable for any other loss or expense arising in any manner whatsoever.
b. The student may cancel the course booking by notifying the Academy in writing by acknowledged email or by recorded delivery as soon as reasonably practicable. The student shall be liable to pay a cancellation fee as follows-
c. Scheduled Courses:
Number of Days Notice
Proportion of Course Fee Payable as Refund
0 – 3 Working Days
3 – 7 Working Day
d. In the event that the student is unable to attend the course booked, the Academy will endeavor to transfer the student to a new batch of the course. If this is requested, then the only charges applicable will be any difference in the course price.
e. The Academy will endeavors to accommodate requests by the student to substitute one student for another but is under no obligation to do so. Such requests are subject to the replacement student meeting the pre-requisites for the course. In the event of a substitution, the Client shall pay an administration fee of Rs. _____________/- plus any unavoidable costs relating to the change plus taxes.
7. Limitation of Liability:
a. Notwithstanding any other provision of this agreement, neither party’s liability under or in connection with this agreement shall be excluded or limited to the extent that such exclusion or limitation is not otherwise permitted by law.
b. Subject to this, the Academy will not be liable to the student for any loss of profit or any indirect or consequential loss arising under or in connection with the agreement, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise; and the total liability of the Academy to the student in respect of all other losses arising under or in connection with the agreement, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, will not exceed an amount equal to the course fees payable by the student under the agreement in relation to the Services giving rise to the liability. This limitation of liability of the Academy will survive termination of the agreement.
- Force Majeure:
Save with respect to the student’s obligation to pay all fees and expenses pursuant to this agreement, neither the student nor the Academy will be in breach of the agreement if it is not reasonably possible to perform any obligation under the agreement due to circumstances beyond that party’s reasonable control. In such circumstances, the affected party will be entitled to a reasonable extension of the time for performing such obligations. If the period of non-performance continues for eight weeks, the party not affected may terminate this agreement and the Academy shall be at complete discretion with regard to the refund of the fee paid.
- No Partnership or Agency:
Nothing in this Agreement is intended to or shall operate to, create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way whatsoever.
- No Assignment:
Unless specifically permitted, the agreement is personal to the parties and neither party may assign, transfer, charge, mortgage, sub-agreement, or deal in any other manner with any or all of its rights and obligations under the agreement. Each party confirms it is acting on its own behalf and not for the benefit of any other person. Notwithstanding the preceding paragraph, the Academy may assign, transfer or sub-agreement any or all of its rights and obligations under the agreement to the Academy’s Affiliate.
- Data Protection and Confidentiality:
a. Confidential Information means all information of a confidential nature relating to the student that is disclosed to the Academy in connection with the Services but does not include information that:
I. is or becomes generally available to the public; or
II. was known to the Academy before you disclosed it; or
III. the student has not treated as confidential or has agreed with the Academy is not confidential or may be disclosed.
b. The Academy will keep Confidential Information confidential it has received it and will not use or disclose it except:
I. for the purpose of exercising or performing its rights and obligations under the agreement; or
II. to the extent required by law, or by any governmental or other regulatory authority or accreditation authority, or by a court or other authority of competent jurisdiction.
c. In these cases, the Academy will not be required to notify you of such disclosure and will not be required to oppose any demand made by such entities.
d. The policy of the Academy with respect to data protection is detailed in these Terms and Conditions, and it’s Privacy Notice which should be read in conjunction with these terms and conditions of the agreement.
e. The information if collected any will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate the effectiveness of training and to assist the Academy in providing advice to its students.
f. If you are found reproducing our course content, or selling our strategy by recording or sharing, you must be liable for lawsuit and a compensation of 1.5 Lakh.
- Intellectual Property:
a. Unless otherwise agreed with you in writing, the Academy is the owner of the intellectual property rights in all training materials. The training materials are licensed (not sold) to the student for the student’s exclusive, non-transferable use only in accordance with this agreement.
b. You must comply with the terms of licence for the relevant course material. Without the prior written consent of the Academy, you may not copy them, give any right over them to a third party, exchange it for money or make a profit out of it by selling, change the content or design of them in any way, or add them to another document.
c. Intellectual Property which is identified as, or can reasonably be deemed to be, new inventions, original works of authorship, training lectures, assessment tests, developments, concepts, know-how, improvements or trade secrets, whether or not patentable or able to be registered under copyright or similar laws or other intellectual property which would be deemed to be confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of the Academy. The student shall ensure that the students must comply with this obligation failing which strict legal action will be taken against them.
d. Where Services are provided to the specification or special requirements of the student, the student shall indemnify the Academy against all costs, claims, and damages incurred or arising out of any alleged infringements of Intellectual Property.
13. Non-competition and Non-solicitation:
The Student during the term of this Agreement and 24 (twenty-four) months after the determination of this Agreement, shall not:
- Carry on or engage in directly or indirectly in any business which competes directly or indirectly with any or all the business pursued by the Academy in adjoining states of Delhi at the relevant point of time or proposed to be pursued by the Academy in the immediate future, in respect of which proposal you were aware of or likely to be aware of considering the nature of your duties (“Restricted Business”), other than through the Academy.
- Either directly or indirectly solicit or entice away or endeavor to solicit or to entice away or assist any other person to solicit or hire or entice away from the Academy, any of the academy’s employees.
The Student will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of your noncompliance with or breach of this Agreement. We will: notify you in writing within 7 (seven) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
If any Section, provision or clause of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable or is pre-empted by central or state laws or regulations, the remainder of this Agreement shall not be affected, except as is otherwise provided in this Agreement.
- Dispute Resolution and Jurisdiction:
a. Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date.
b. The cost of arbitration proceedings including the fee of the arbitrator shall be borne by the student.
c. The place of arbitration shall be at New Delhi and any award whether interim or final shall be made and shall be deemed for all purposes between the Parties to be made in New Delhi.
d. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law.
e. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 as amended up to date, shall apply.
f. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at New Delhi INDIA.
All Disputes will be subject to the New Delhi Jurisdiction. Both the Parties will not approach any other court forum except as mentioned hereinabove, to settle the same. In witness whereof, the parties have put their respective hands herein under after reading, understanding and admitting the contents therein to be correct and binding upon them.