TERMS & CONDITIONS
Effective Date: November 3, 2020
The parties referred to in these Terms of Service shall be defined as follows:
- Owner, Us, and We: The Owner, as the creator, operator and publisher of the website, makes the website, and certain services on it, available to users. ATOMS Concept Education Studio Pvt Ltd, Owner, Us, We, Our, Ours and other first person pronuns will refer to the Owner, as well as all employees and affiliates of the owner.
- You, the User, the Client: You, as the user of the website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, yours, or as User or Client. For the purpose of these Terms of Service, the term "User” or "You” shall mean any natural or legal person who person is accessing the website. The term "Your” shall be construed accordingly.
- Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as parties.
- Assent & Acceptance:
By using this website, You warrant that You have read and reviewed the Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the website immediately. The owner only agrees to provide use of this website and services to you if you assent to these Terms of Service. Further, based on the services obtained by the user, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between the users and the owner.
- About the Site:
The site can be used to facilitate the students to enroll for courses. Such courses are included in Listings on the site, application and services by ATOMS Concept Education Pvt Ltd. You may view Listings as an unregistered visitor to the site, application and services; however if you wish to enroll for the courses, you may first register to create a ATOMS account. The website does not screen or censor the users who register on and access the website. You assume all risks associated with dealing with other users with whom you come in contact through the website. You agree to use the website only for lawful purposes without infringing the rights or restricting the use of this website by any third party.
License to Use Website:
The owner may provide you with certain information as a result of your use of the website & services. Such information may include but it is not limited to, documentation, data, or information developed by the owner, and other materials which may assist in your use of the website or services ("owner materials”). Subject to these Terms of Services, the owner grants you a non-exclusive, limited, non-transferable and revocable license to use the owner materials solely in connection with your use of the website and services. The owner materials may not be used for any other purpose and this license terminates upon your cessation of use of the website or services or at the termination of these Terms of Service.
You agree not to collect contact information of other users from the website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted by you by the website and you agree that you shall not bypass any measures used by the owner to prevent or restrict access to the website.
You agree that the website and all services provided by the owner are the property of the owner, including all copyrights, trademarks, trade secrets, patents and other Intellectual Property ("Owner IP”). You agree that the owner has all right, title and interest in and to the owner IP and that you will not use the owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the owner.
As a user of the website or services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us appraised any changes to your identifying information. The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the website or services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Payment & Fees:
Should you register for any of the paid services on this website or purchase any product or service on this website, you agree to pay us the specific monetary amounts required for that product or those services. These monetary amounts ("Fees”) will be described to you during your account registration and/or confirmation process. The final amount required for payment will be shown to you immediately prior to purchase. Payment for any on-going services is billed automatically until you notify us that you would like to terminate your access to the services. If, as a Student, you wish to cancel a confirmed enrolment made via website, after the enrolment to the course, the cancellation policy contained in the applicable in the listing will apply to such cancellation provided that no refund will be made in respect of courses already provided.
You agree not to use the website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services in any way that could damage the website, services or general business of the owner. You further agree not to use the websites or services for:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the owner or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about others.
You are prohibited from using the site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
- To violate any local, federal or international law, statute, ordinance or regulation;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity race, age, national origin, or disability;
- For any obscene or immoral purpose;
To personally threaten or has the effect of personally threatening other users.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited users. The company has the full authority to review all content posted by users on the website. You acknowledge that the website is not responsible or liable and does not control the content of any information that may be posted to the website by you or other user of the website and you are solely responsible for the same.
You understand that each time uses the website in any manner, you agree to these terms. By agreeing to these terms, you acknowledge that you are interested in availing and purchasing the services that you have selected and consent to receive communications via phone or electronic records from the website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the website. You agree that the communications sent to you by the website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
Through your use of the website and services, you may provide us with certain information. By using the website or the services, you authorize the owner to use your information in India and any other country we operate.
- Information we may collect or receive: When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how you use our website or services, we may also receive information from external applications you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How we use information: We use the information gathered from you to ensure your continued good experience on our website, including through mail communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third party providers.
- How you can protect your Information: If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that the owner will still receive information about you that you have provided, such as your email address. If you choose to terminate your account, the owner may store some information about you for future reference.
Governing Law and Jurisdiction
- These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Chennai for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
- Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and ATOMS. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chennai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Limitation of Liability
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the website and Collective Content, your enrolment of any Course via the Site, Application and Services, and any contact you have with other users of website whether in person or online remains with you. Neither us nor any other party involved in creating, producing, or delivering the website Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the website or Collective Content, from any communications, interactions or meetings with other users of the website or other persons with whom you communicate or interact as a result of your use of the website or from your Enrolment of any Course via the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ATOMS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You understand and acknowledge that appropriate governmental agencies, departments, or authorities (the "Tax Authority”) where your office or residence is located may require taxes to be collected from students on the amount paid for the course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the course fees by ATOMS.
- Notice: All notices served by the Company shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to firstname.lastname@example.org.
- Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
- Relationship: You acknowledge that your participation on the Application, does not make you an employee or agency or partnership or joint venture or franchise of the Company.
- The Company provides these Terms so that you are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the Company has given you a reasonable opportunity to review these Terms and that you have agreed to them.