1.
1. About
The Company
1.1 Twizax Limited owns,
runs, and takes care of www.twizax.org (the "site"), the courses you
can take from the site (the "courses"), and the training services you
can get on or through the site and software (the "services")
(hereafter called "we," "our," "us," or "the
company," depending on the situation). The "company
products" refer to the site, courses, and services as a whole. You agree
to the terms and conditions in these terms of use (the "Terms") if
you (a) use or access the company's products, such as streaming, accessing, or
using the software, or (b) pay for yourself or someone else to use or access
the company's products.
1.2 EXCEPT WHERE PROHIBITED BY LAW, THESE TERMS CONSTITUTE A LEGALLY BINDING
CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY'S PRODUCTS, YOU
REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE
ALL OR ANY PORTION OF THE COMPANY PRODUCTS.
1.3 According to the Terms, "User(s)" or "You" means all
site visitors, human or not, who agree to register as site users by entering
registration information and who access company products through the website as
registered site users. If you are a parent, guardian, or another natural person
who lets a child use the company's products, you agree to act on behalf of the
child to make us whole in the event of losses or claims for indemnification
that would be appropriate against a child if that child weren't a child. People
who are at least 13 years old are the only ones who are allowed to use this
website.
1.4 You represent and warrant that you are an authorised representative of the
company, entity, or organisation (each a "Subscribing Entity") using
or opening an account to use the Company Products, and that you have the
authority to bind that Subscribing Entity to these Terms. You also agree to be
bound by these terms on behalf of such a subscribing entity. 2. Privacy
2.1 Any personal
information submitted in connection with your use of the site is subject to our
privacy policy, which is available at Privacy Policy (twizax.org) the terms of which are hereby incorporated into
these terms by reference. Please review our privacy policy to understand our
practices.
2.2 The user may get access to certain confidential information
("Confidential Information"), such as technical, contractual,
product, pricing, and other valuable information that should be thought of as private.
The user acknowledges and agrees to hold all confidential information in strict
confidence. Title and all interests in all confidential information shall be
vested in the company. The User’s obligations regarding confidential
information will survive the termination of these Terms of Use following the
clause on ‘Termination’ below. The user agrees that its duties under this
clause are fair and necessary to protect the company's business. The user also
agrees that monetary damages would not be enough to make up for any breach of
any covenant or agreement set out here. So, the User agrees and acknowledges
that any such violation or threat of violation will cause irreparable harm and
injury to the company and that, in addition to any other remedies that may be
available in law, equity, or otherwise, the company shall be able to get
injunctive relief against any threatened breach of these terms or the
continuation of any such breach.
3. General
3.1 The company's
products let users learn through live and recorded lessons, tutoring, and
learning services that are made possible by our own software. The services
include, without limitation, facilitating and hosting courses and taking
feedback from users.
3.2 You understand and agree that these terms are agreed to in exchange for
your use of the company's products and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged.
3.3 Changes to these Terms. The Company has the right to change these
Terms at any time, for any reason, and without giving you any other notice than
by posting the new Terms on the Site. Any revisions to the Terms are effective
upon posting. The terms will be identified as of the most recent date of
revision. You should visit this page regularly to ensure your continued
acceptance of these terms. Your continued use of the company's products after
any revision to these terms constitutes your binding acceptance of the revised
terms. Notwithstanding the preceding sentences of this section, no revisions to
these terms will apply to any dispute between you and the company that arose
before the date of such revision.
3.4 The Evolving Nature of
Services: The company's
products are new and subject to change at any time. We are continually looking
to improve the company products, but if you are at any time dissatisfied with
the company products, then your sole remedy is to discontinue the use of the company
products.
3.5 Electronic Notices: By using the company products or talking to
us, you agree that we can talk to you electronically about security, privacy,
and administrative issues related to your use of the company products. If we
find out about a security system breach, we may try to send you an email or
post a notice on the site to let you know.
4. Connectivity Costs and Equipment
4.1 You are solely
responsible for all service, internet, telephony, and/or other fees and costs
associated with your access to and use of the Company Products, including, but
not limited to, any data charges imposed by a wireless carrier or Internet
service provider, and for getting and keeping all telephone, computer hardware,
and other equipment needed for such access and use.
4.2 The company's products are made available to users through systems that
were made by the company itself. There may be technical or other problems with
these systems, and computer and communication hardware could stop working.
Also, the company keeps improving and updating these systems to keep up with
how much the site is used. The company may also add new features and functions
to its products, which could require it to create or license new technologies.
When more people use the site or when new features or functions are added,
there may be unplanned system disruptions, slower response times, a drop-in
customer service, and delays in reporting accurate financial information. The
user agrees that the company will not be liable to the user or any third party
who makes a claim on the user's behalf for any of these types of failures.
5. Fees and Taxes
5.1. Accessing the
site and browsing courses is free of charge. The company, on the other hand,
reserves the right to change its fee policies at any time and for any reason,
including charging for access to the site. However, you won't have to pay the
new fees until you agree to them.
5.2 Unless otherwise stated, all fees are quoted in United States dollars.
You are responsible for paying all fees and taxes related to the site as soon
as possible using a valid payment method that the company accepts at its own
will. If your payment method fails or your account is past due, then we may
collect fees owed using other collection mechanisms. This could mean charging
other payment methods we have on file or hiring a collection agency or a
lawyer. We could also stop you from using any company products until you pay
any money you owe to the company.
6. General
Disclaimer
6.1 We don't have a way
to control the comments or discussions that people post on the Site, so we
can't make any promises about how reliable, valid, accurate, or honest they
are. You also understand that by using the site, you may be exposed to
Submitted Content that you may consider offensive, indecent, or objectionable.
You hereby agree to indemnify and hold the company harmless from and against
any claims, notices, and actions that you may have arising out of your access
to or use of any Submitted Content.
6.2 Those who choose to access or use the company products from other
locations, including outside India, may do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. Access to or use of the company products from jurisdictions where
the contents or practices of the company products are illegal, unauthorized, or
penalized is strictly prohibited.
7. Conduct
7.1 You shall only
access the company's products for lawful purposes. You are solely responsible
for your knowledge of and adherence to any laws, rules, and regulations
regarding your use of the company's products. You agree not to use the company
products or the company content (as defined below) to recruit, solicit, or
otherwise contact in any way instructors or potential users for employment or
contracting with a business not affiliated with us without our prior written
permission, which we reserve the right to withhold in our sole discretion. You
accept full responsibility for any meetings or contacts you have with
instructors or other users of company products. You should be careful before
meeting any instructor or other user in person and should only do so in public.
Remember to always be safe.
8. Specific Obligations of Users using
the Site
8.1 As a user, you
agree that:
8.1.1
Before you use the site or sign up for a course, you have read, understood, and
agreed to be bound by the pricing information (see "Pricing" below).
8.1.2 If you are under the age of 18, you have permission from a parent or
legal guardian to use the site or sign up for a course.
8.1.3 You also agree that you will not do any of the following on or
through the company's products.
8.1.3.1
Do not upload, post, or send any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of solicitation (commercial or not).
8.1.3.2: Post anything that isn't appropriate, offensive, racist, hateful,
sexist, sex-related, false, misleading, infringing, defamatory, or libelous.
8.1.3.3 manipulate or interfere with the Company Products; and
8.1.3.4 Reproduce, distribute, publicly display, publicly perform, communicate
to the public, make derivative works from, or otherwise use and profit from any
Submitted Content or other content from any Company Products without our
written permission or permission from the Company.
9. Registration and Identity
Protection
9.1In order to use
certain company products, you must first register and create an account,
username, and password. When you sign up, the information you give us will help
us offer content, provide customer service, and keep track of our network. You
are the only one who needs to keep your account, username, and password
(collectively, "Account") secret. You are also liable for all
activities and liabilities that occur or involve your account. You must notify
us (a) immediately of any unauthorized use of your account and any other breach
of security, and (b) ensure that you exit from your account at the end of each
course. We cannot and will not be responsible for any loss or damage arising
from your failure to comply with the foregoing requirements or as a result of
the use of your Account, either with or without your knowledge, before you
notify us of unauthorized access to your Account. But you agree that you will
be responsible for any losses we or another party suffer because of any use of
your account, except for uses that happen after you tell us that someone else
got into your account without your permission.
9.2 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 (I) the online conduct of such a user,
(ii) controlling the user's access to and use of the services, and (iii) the
consequences of any misuse.
9.3 For additional information on how we use your information, please see
our Privacy Policy.
10. Accuracy of Account Information
10.1
In consideration of your use of Company Products, you agree to (a) provide
true, accurate, current, and complete information about yourself as prompted by
the Company's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to
keep it true, accurate, current, and complete; and (c) comply with these Terms.
If you provide any information that is untrue, inaccurate, not current,
incomplete, or misleading, or if we believe that such information is untrue,
inaccurate, not current, incomplete, or misleading, then we reserve the right
to suspend or terminate your account and refuse or restrict all current or
future use of the company's products without any liability to you.
11. User and Submitted Content
11.1 Any materials,
information, communications, or ideas that you upload, communicate, or
otherwise transmit or post to us on or through Company Products
("Submitted Content") will be treated as non-confidential and subject
to the license below. Submitted Content may be reproduced, distributed,
publicly performed, publicly distributed, communicated to the public, and otherwise
used and exploited by us for any purpose related to the delivery, marketing,
promoting, demonstrating, or selling of Company Products.
12. Copyright
12.1 You acknowledge
that the software, the technology underlying the Services, and all other
software, designs, materials, information, communications, text, graphics,
links, electronic art, animations, illustrations, artwork, audio clips, video
clips, photos, images, and other data or copyrightable materials provided or
made available to you in connection with the Company Products (collectively,
the "Company Content") (including the selection and arrangements
thereof)
12.2 You agree that any material displayed on the Site is solely for your
personal use, and you shall not, whether directly or indirectly, copy,
reproduce, republish, post, upload, transmit, or distribute such material in
any manner or through any medium, including by way of e-mail or other
electronic means, and you shall not assist any other person in doing so.
Modification of the said materials, use of the materials on any other website
or networked computer environment, or use of the materials for any purpose
other than personal use is a violation of the said copyrights, trademarks, and
other intellectual property rights and is expressly prohibited. Unless
otherwise specified, when any content is downloaded to your computer, you do
not obtain any ownership interest in such content or any right to use the
content for any other purpose. The company reserves all rights not expressly
granted to you.
12.3 All services rendered by you as a part of this agreement are works
for hire. As part of this agreement, we will work with the company to create
intellectual property, which will belong to the company and only it. The entire
right, title, and interest in and to all copyrights in the work; all
registrations and copyright applications relating thereto; all renewals and
extensions thereof; all works based on, derived from, or incorporating the
work; all income, royalties, damages, claims, and payments now or hereafter due
or payable with respect thereto; all causes of action, either in law or in
equity, for past, present, or future infringement based on the copyrights; and
all rights to the work
13. Other Prohibited Uses
13.1 In addition, by
using the company's products, you agree not to:
13.1.1
Upload or otherwise transmit to or through the Services any information or
content that infringes any patent, trademark, trade secret, copyright, or other
proprietary rights of any party, including by incorporating any such material
in Submitted Content.
13.1.2 You can upload or send any kind of illegal, harmful, harassing,
defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise
offensive content to or through the Services. This includes anything that can
hurt or slow down the company's products or computers in any way.
13.1.3 Create a false identity or impersonate another person or entity in any
way.
13.1.4 Restrict, discourage, or inhibit any person from using the
company products, from disclosing personal information about a third person on
or through company products or obtaining it from company products without the
consent of such a person, or from collecting information about users of the
company products.
13.1.5 Undertake, cause, permit or authorize the modification,
creation of derivative works, translation, reverse engineering, decompiling,
disassembling or hacking of any aspect of the Company Products or any part
thereof, or attempt to do any of the foregoing, except and solely to the extent
permitted by these Terms, the authorized features of the Company Products, or
by law, or otherwise attempt to use or access any portion of the Services other
than as intended by Company;
13.1.6 Gain unauthorized access to the services, other users'
accounts, names or personally identifiable information, or other computers or
websites connected or linked to the services.
13.1.7 Reproduce, distribute, publicly display, publicly perform, communicate
to the public, sell, trade, resell, or use any part of the Company Products,
the use of the Company Products, access to the Company Products, or content
obtained through the Company Products for any reason other than what is
specifically allowed by these Terms. This includes, but is not limited to,
doing or engaging in any of the following without the Company's express written
permission:
13.1.8 framing, embedding, and/or passing off Submitted Content obtained from
the company products in such a manner as to present them as originating from a
source other than the company products
13.1.9 copying, caching, or reformatting any Submitted Content for commercial
purposes in any way, including copying to physical or electronic media to
buffer delivery or converting transmissions from the company's products to
alternative delivery formats.
13.1.10 Altering, defacing, mutilating, or otherwise bypassing any approved
software through which the company products are made available; and using any
trademarks, service marks, design marks, logos, photographs, or other content
belonging to the company or obtained from the company products
13.1.11 Post, transmit, or otherwise make available any virus, worm,
spyware, or any other computer code, file, or program that may or is intended
to damage or hijack the operation of any hardware, software, telecommunications
equipment, or any other aspect of the company products or communications
equipment and computers connected to the company products.
13.1.12 Remove, disable, damage, get around, or otherwise mess with any
security-related features of the Company Products, features that stop or limit
the use or copying of any part of the Company Products or any content
accessible on or through the Company Products, or features that limit the use
of the Company Products or any content accessible on or through the Company Products.
13.1.13 Use any scraper, spider, robot, or other automated means of
any kind to access the company products, except and solely to the extent
permitted by these Terms and the features of the company products, deep link to
any feature or content on the site, bypass our robot exclusion headers, or
other measures we may use to prevent or restrict access to the site or
services.
13.1.14 Interfere with or disrupt the company's products, networks, or servers
connected to the company's products, or violate the networks' or servers'
regulations, policies, or procedures.
13.1.15 Violate any applicable federal, state or local laws or
regulations or these Terms; and
13.1.16 Assist or permit any person to engage in any of the activities
described above.
14. Refund / Swap / Batch-shift
14.1 We offer users
a three-day, no-questions-asked money-back guarantee on all courses.
14.2 The refund must be requested within three days of registration.
14.3 After three days, no such request will be considered.
14.4 The 3-day, No Question Refund policy stands null in the
following scenarios:
14.4.1 Any kind of content is downloaded from Twizax's learning management
system.
14.4.2 If you watch more than two class recordings from Twizax's learning
management system,
14.5 If we believe that you are abusing our refund policy, it will be our
sole discretion to suspend or terminate your account and refuse or restrict any
current or future use of company products, without any liability to you.
14.6 The Company reserves the absolute right to revise these terms without
prior notice to you other than by posting revised terms on the website.
According to the refund policy, 14.8 days after purchase.
14.7 To request a refund, please raise a support ticket from your
Twizax Log in.
14.8 There are limited seats (the batch-shift quota) available in any live-online class
for learners availing of the batch-shift option. Twizax may be unable to
accommodate certain batch-shift requests due to a lack of seats in the
batch-shift quota. When this happens, Twizax will give you the chance to
join other batches where there are still seats.
14.9 Learners can use the batch shift option only once every three months,
beginning with the start of the previous batch in which they took a class.
14.10 The batch shift option will be available only after 15 days from the
start of the previous batch.
15. Procedure for Reporting Claimed Infringement
15.1 If you believe
that any content made available on or through the company products has been
used or exploited in a manner that infringes an intellectual property right you
own or control, then please promptly send a "Notification of Claimed Infringement" containing
the following information to the company address. Your communication must
substantially include the following:
15.2 A physical or electronic signature of a person authorized to act on behalf
of the owner of the allegedly infringing work or works.
15.3 A description of the work or materials that are being copied, or, if more
than one work is being copied, a list of the works that are being copied.
15.4 Identification of the specific material claimed to be infringing or the
subject of infringing activity that must be removed or access to which must be
restricted, as well as information reasonably sufficient to allow the company
to locate the material.
15.5 Information reasonably sufficient to permit the company to contact
you, such as an address, telephone number, and, if available, an electronic
mail address at which you may be contacted.
15.6 A statement that you have a good faith belief that the use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law: and
15.7 A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
16. Links
16.1 As you use the
company products, you may notice links to third-party websites ("Third
Party Sites"). This may include instructors sending links to
third-party sites and/or causing third-party sites (such as study resources or
online education pages) to pop up for your review. These links are for
convenience only. If you use these links, you will leave the site. Certain of
these third-party sites may make use of company proprietary intellectual
property rights (such as copyrights, trademarks, service marks, logos, and
trade names) under license from the company. Company is not responsible for the
availability or content of these third-party sites, or for any viruses or other
harmful elements encountered as a result of linking to a third-party site,
regardless of whether Company is affiliated with the owners of such sites.
Also, the fact that these links go to third-party sites doesn't mean that the
company endorses or approves of the organizations that run those third-party
sites or their products or services. You may find offensive, harmful, or
damaging content on those third-party sites. These Terms do not apply to Third
Party Sites, and you should review applicable terms and policies, including any
relevant privacy policies, associated with any Third-Party Sites, applications,
software, or services.
16.2 YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A
THIRD-PARTY SITE, OR AS A RESULT OF ANY CONTENT OR ADVERTISING ON THE
THIRD-PARTY SITES.
17. Disclaimer; Warranty
Disclaimer
17.1 YOU
UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A COURSE, OR
ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS,
PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER MATERIALS FROM A VARIETY OF
SOURCES, AND THAT COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY,
QUALITY, LEGALITY, USEFULNESS, SAFETY OF OR RELATING TO SUCH PRODUCTS, CONTENT
OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO
PRODUCTS, CONTENT OR MATERIALS THAT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR
OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR
EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT
THERETO.
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