1. Acceptance of this Agreement
1.1 By clicking on the ‘REGISTER’ option, the participant (“You” or “Your”) agrees to the terms and conditions, obligations, representations, warranties and agreements contained herein (the “Agreement”). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services (“Services”) published, available or provided on www.itsms.in
(the “Website”), which is owned, maintained and monitored by itsms (“Us”, “We” or “Our”).
2. User ID and Password:
2.1 By entering into this Agreement, You acknowledge and agree that Your user ID and password (“Participant Account”) is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content and Courseware and termination of this Agreement.
2.2 You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our customer support team at email@example.com, if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.
3. Content and Courseware:
3.1 As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, data which may be in audio/video, written, graphic, recorded, and photographic or any machine-readable format in relation to the specific certification training course You have registered for (“Content and Courseware”).
3.2 We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such amendment, revision or updation occurs, We may require you pay an additional amount of fees to access such amended, revised or updated Content and Courseware.
4. Usage of the Website and Services:
4.1 We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Website, the Services and the Content and Courseware offered through the Website till the time the completion of the certification course that You have enrolled for or termination of this Agreement according to the terms and conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for (“Restricted Purpose”).
4.2 You are permitted online access to the Website, the Services and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose.
4.3 You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
5. Intellectual Property Rights
5.1 While You are granted a limited and non-exclusive right to use the Website, the Services and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all intellectual property rights and other proprietary rights in the Website, the Services and the Content and Courseware.
5.2 You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary or any other nature in the Website, the Services and the Content and Courseware.
6. Usage of Personal Information of Participants:
6.1 We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
7. Limitation of Liability:
7.1 You expressly agree that use of the Website, the Services and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services or the Content and Courseware. In no event will We or any person or entity involved in creating, producing or distributing the Website, the Services or the Content and Courseware be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, the Services or the Content and Courseware.
7.2 The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
7.3 You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
7.4 You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular certification training course.
8. Term and Termination:
8.1 This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the “Submit” button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up online Participant Account, or until terminated by Us, whichever is earlier.
8.2 We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect (“Immediate Termination Date”), if such termination is made as a result of Your misrepresentation, default, misconduct or breach of Your obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
8.3 The provisions of clause 4.3, clause 7.2, clause 8 and clause 11 of this Agreement shall survive the termination of this Agreement.
9.1 You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees and agents, harmless from and against any and all claims, losses, damages, liabilities and expenses including attorneys’ fees, arising out of Your unauthorized use of the Website, the Services and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
10.1 Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
11.1 In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
12. Governing Law and Jurisdiction:
12.1 For the users who are registered, this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Bangalore, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
13. Amendment and Assignment:
13.1 We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications and amendments. Your continued use of or access to the Website, the Services and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
13.2 You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
14. Entire Agreement:
15.1 These terms and conditions (“Terms and Conditions”) control your use of this website itsms.in (“Website”). In these Terms and Conditions, “itsms.in” is referred to as the “Company”, “us,” or “we.”‘You’ refers as user or a paying customer. If you are a company or another person who gives access to company products, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer.
15.5 Under no situations or circumstances, the company will be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss or damage experienced in connection with the use of exposure, any content made available via our products, services or various resources such as email, blog etc.
15.6 Our services are accessable by any user with access to the internet. However, we are not responsible for the charges incurred for the usage of hardware, software or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access
15.7 User will be required to use login credentials for some of the sections on the site and the company reserves the right to block access to our services for any user who does not follow these conditions
15.8 We make sure that users get uninterrupted access to our service, but there is no obligation to do so. itsms.in is not responsible and is not obligated for issues in your network or server beyond certain limits.
16. Website usage guidelines
16.1 Do not Insult, abuse, harass, stalk, threaten or otherwise infringe the rights of others;
16.2 Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
16.3 Do not upload, install, transfer files which are protected by Intellectual Property laws or software which affect other computers.
16.4 It’s prohibited to edit HTML source code, reverse engineer or attempt to hack.
16.5 Do not run Spam services/scripts or anything which could affect infrastructure, and in turn, users.
16.6 Do not communicate spam, advertise or sell services such as digital downloads, eBooks or phishing links.
16.7 You may not copy, distribute and indulge in plagiarism with website content or user submitted content.
17. The content:
All website content or information that can be seen, heard or otherwise experienced on the Site is copyrighted and belongs to itsms.in or its partners, affiliates or third parties. You may use the Site, the Service and the Content for your own personal, non-commercial use only. You may download and print the available material for your own personal, non-commercial use only. You will not transfer any information from the website or produce derivative work which you can display, distribute or transmit.
18. Links and Hyperlinks Terms:
This website may have links to other websites. We do not undertake any control on the content of these websites; nor are we responsible for their website content. The sole purpose of the links included is to provide users information. Hence, itsms.in will not be held responsible.
19.1 You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
19.2 Do not link to Itsms.in pages and subpages with spam links/anchor text which could provide false impression. This may create misunderstanding for the users.
19.3 Do not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to itsms.in website.
19.4 Do not link to pages which support racism, terrorism.
19.5 Do not link to pages which provide pornographic content and violate human rights.
20. Copyright and Intellectual Property:
20.1 We value and respect others intellectual property and expect our users to do the same. The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are itsms.in, its affiliates or other third party licensors. The material on the site, including text, graphics, code and/or software is copyrighted and belongs to itsms.in, therefore you may not duplicate, modify, publish or reproduce the content in any manner. itsms.in does not take any responsibility for the content on other sites (except our partners and affiliates), that you may find when searching or accessing Itsms.in products or services.
20.2.1 The authorized person who will act on behalf of the owner of the copyright, should send a digital or physical signature
20.2.2 A description of the copyrighted work that you claim to be infringing your IP.
20.2.3 A description of where and how the material that you claim is infringing is located on the itsms.in website, with enough detail that we may find it on the website.
20.2.4 Contact Details – Address, telephone number, and email address.
20.2.5 A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner’s behalf
You can reach Itsms.in to notify your claims of copyright By email – firstname.lastname@example.org
21. Transaction Terms:
If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us the below information and we will act on it.
21.1 To make a transaction on itsms.in website, you are bound to pay for that transaction.
21.2 Please pay close attention to your payment details such as total bill, taxes, shipping costs, discounts.
21.3 There are certain products which require additional terms and conditions which you have to agree before you make the purchase.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH ITSMS.IN. No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon Itsms.in unless agreed to by Itsms.in in writing. itsms.in reserves the right to modify, change without prior notice and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone.
23. Pricing Disclaimer:
All prices, products and offers of itsms.in website are subject to change without notice. While we make sure to provide most accurate and up-to-date information, in some cases one or more items on our web site may be priced incorrectly. This might happen due to human errors, digital images, technical error or a mismatch in pricing information received from our suppliers. itsms.in reserves the right to change prices for all our products, offers or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements and other mitigating circumstances. However the price you paid at the time of purchase still holds for you.