Terms of Use

These terms of use (“Terms and Conditions”) mandate the terms on which Users (defined hereinafter) access, register for Courses on the website [insert website URL] (hereinafter referred to as “the Platform), owned and operated by Emertxe Information Technologies Private Limited (hereinafter referred to as “Emertxe”).

Emertxe is engaged in the business of providing training services to students in relation to information technology / information technology enabled services / software etc., by offering various Courses on its EdTech platform which enables its users to sign up and learn Courses.

Please carefully go through these Terms and Conditions and the privacy policy available at [insert hyperlink] (“Privacy Policy”) before You (defined hereinafter) decide to access and/or register with the Platform. These Terms and Conditions and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and Emertxe in connection with the Platform including Your enrolment thereof. By clicking on the “I accept” button provided below, You accept the Agreement and agree to be legally bound by the same.

Emertxe retains an unconditional right to modify or amend these Terms and Conditions. Users can determine when these Terms and Conditions were last modified by referring to the “Last Updated” legend above. It shall be the responsibility of the User to check the Terms and Conditions periodically for changes. The acceptance of the amended Terms and Conditions by the Users shall signify their consent to such changes and the Agreement, and to be legally bound by the same. If You do not agree to the Agreement, You must not access or use the Platform.

1. Courses

• You acknowledge that the Platform provides You a limited, non-exclusive, non-transferable, and royalty free license to use the Platform for signing up and accessing any material, information or availing any courses through the Platform (the “Courses”). Emertxe may, at its discretion, add, modify, or remove any of the Courses listed above from time to time without special notice.
• The Course is divided into modules and each module is required to be completed within a set pre-determined date.  If during a Course, you intend to postpone the date of the module, you may do so for a maximum of two times during a Course, subject prior consent of Emertxe. For example, if a student is unable to comprehend a particular module or wishes to take a break, he /she can pursue the said module in the upcoming months and/with a new batch.  This can be done for a maximum of two times during a particular course and is subject to the prior permission of Emertxe.  
• Any leave during the course schedule is subject to approval from respective module mentor and the student affairs manager.  Any absenteeism without the aforesaid approval would attract disciplinary actions up to and including suspension of the student from the course.
• Upon completion of a Course You will be provided with a Course Attendance Certificate.  

2. Placements

• Students will be eligible to sit for placements organized by Emertxe only if they satisfy all the below eligibility criteria:
• They have attended at least 95% of the classes of the respective Course;
• They have an aggregate academic percentage of great than 61% in the UG and/or PG course such as B.E / B.Tech & M.E / M.Tech;
• They have secured at least 50% score in the placement eligibility test / evaluation conducted by Emertxe. This test will be conducted after completion of Adv C & Data Structures Module;
• They have completed at least 90% of the assignments required under each Course module;
• They have completed at least 2 projects per Course module (an additional two projects completion is required for working professionals).
• Emertxe sets up placement drives on a regular basis.  A student will be entitled to sit for placements for up to 24 months after the course completion date.  However, our students undergo rigorous training and are typically placed before the course completion date or within 6 months from the course completion date.
• When the candidate is offered a Job from a company, Emertxe’s placement commitments is deemed fulfilled, and the student will not be eligible to partake in any further placement drives organized by Emertxe.
• Once a student applies to take part in a recruitment drive, he/she needs to mandatorily participate in such recruitment including attending the interviews, entrance tests etc.  Any failure to do so would lead of backlisting of such student for any future recruitment drives facilitated by Emertxe.  
• Once a student is accepted by an entity and has been made an offer, he/she has to mandatorily accept such offer and join the said entity, any failure to do so would lead to blacklisting of such candidates for any future recruitment drives facilitated by Emertxe.
• In case of any discrepancy in information provided by the student to Emertxe (for e.g., academic scores, backlog info, etc.,), the student will be blacklisted from placement support. It is the responsibility of the student to ensure that all information provided is accurate, up-to date and not misleading.  
• The student hereby authorizes Emterxe to post information regarding his/her placements procured through recruitment drives organized by Emertxe or otherwise on such mediums (including online and offline) as Emertxe deems fit.

3. Price; Payment; No Cancellation; No Return and No Refund

• Price 
• As a consideration for the Course offered to You by Emertxe, You agree to pay Emertxe the price specified for such Course on the Platform (“Price”).
• You agree that Prices charged and displayed on the Platform for the respective Course may be subject to change without any notice or consequential liability to You. However, You shall only be required to pay the Price displayed to You at the time of registering for the Course, if any.
• You agree and acknowledge that the access to the Course material or Course content shall be subject to You making full payment of the Price to Emertxe.
• Emertxe, may at its sole discretion provide offers/discounts on the Price, such offers/discounts shall be communicated to You directly on the Platform or via email, SMS, phone, or such other means of communication, and can be availed only through the Platform unless otherwise specifically communicated to You by Emertxe.
• Payments
• You can sign up for a Course of your choice by following instructions on the Platform and making the payment applicable for the Course you intend to sign up for.
• Your payments to Emertxe shall be subject to applicable taxes including without limitation Goods and Service Taxes or other similar taxes as may be applicable.
• If you have not completed payments for your Course, we may restrict / suspend your access to the Platform and/or Course content and/or Course materials until your account becomes current and paid in full.
• We use third-party payment gateways and/or aggregators to process payments applicable to the Courses offered by us.
• No Cancellation; No Refund
• Emertxe follows a strict no-refund policy.  Choose your course wisely and timely.  Fees once paid for a course to Emertxe is non-refundable.  That said, we understand that instances may arise upon payment of fees which might make it difficult for a student to attend and complete the course on time, thus, we offer a course validity period of 12 months i.e., a student can join the course anytime within 12 months from the date of payment of the fees, subject to availability.  

4. User Account, Access, Password, and Security

• In order to access a Course on the Platform, You will have to register and create an account on the Platform by providing details, payment of the course fee and provisions of such other details as may be required by Emertxe and provided for in the Privacy Policy (“Account”). You can access the Platform by logging into Your Account with Your credentials.
• You shall not have more than one active Account on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.  Account opened in the name of one student is not transferable to any other student under any circumstances.  
• You shall ensure and confirm that the Account information and all Personal Information provided through the Platform is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Emertxe for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if Emertxe has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Emertxe has the right to terminate your account and thereby terminating you from a Course.
• You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that You use to access Course and/or course material and for any activities or actions under Your Account. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with Your Account.
• You agree to: (a) immediately notify Emertxe of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Emertxe cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. Further, Emertxe will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account either with or without your knowledge.
• You may be held liable for losses incurred by Emertxe or any other user of or visitor of the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

5. Use of Platform

• Subject to compliance with the Terms and Conditions, Emertxe hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms and Conditions; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Courses through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Emertxe, and/or other users.
• You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Emertxe. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
• Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:  
• belongs to another person and to which the user does not have any right;
• is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to child;
• infringes any patent, trademark, copyright, or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
• contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
• disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
• violate the Terms contained herein or elsewhere; and
• reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
• You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
• You shall not during the Course and after the Course completion date, make any communication, whether oral or written, that criticize, disparage, or in any manner undermine the reputation or business practices of Emertxe or its directors, officers, management or employees.

6. Intellectual Property Rights

• The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned by Emertxe and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
• The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Emertxe. You are not permitted to use the Marks without the prior consent of Emertxe.

7. Disclaimer of Warranties & Liability

• You expressly understand and agree that, to the maximum extent permitted by applicable law:
• the Platform and other Content are provided by Emertxe on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Emertxe makes no warranty that the Platform or any Course offered therein will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Emertxe shall create any warranty not expressly stated in the Terms and Conditions.
• Emertxe will not be liable to You for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge.
• Emertxe shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Emertxe shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond its reasonable control.
• Emertxe is in any manner involved nor do they influence the placements conducted by recruiter or third-party entities and the recruitment decisions and actions are solely between the said third party entity and You.  

8. Indemnification and Limitation of Liability

• You agree to indemnify, defend and hold harmless Emertxe, its officers, partners, directors, consultants, agents, representatives and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and Conditions/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You/relating to You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
• In no event shall Emertxe or any of its group entities and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.
• The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.

9. Violation of the Terms and Conditions

• You agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair practice, and will cause irreparable harm to Emertxe or any of its group entities, for which monetary damages would be inadequate, and You consent to Emertxe or its relevant group entities in obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Emertxe or its group entities may have at law or in equity.

10. Suspension and Termination

• The Terms and Conditions will continue to apply until terminated by either You or Emertxe as set forth below. If You object to the Terms and Conditions or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. The consequences of termination as set out in these Terms will apply in such case.
• Emertxe may delist You or block Your future access to the Platform or suspend or terminate Your Account; or blacklist or suspend you from a Course, if it believes, in its sole and absolute discretion that You have violated any term of these Terms or the Privacy Policy or in anyway otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Emertxe chooses to terminate them.

11. Governing Law and Jurisdiction

• These Terms and Conditions shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bangalore, India.

12. Grievance Redressal Mechanism

• Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Courses, You can contact the designated Grievance Officer of Emertxe, namely, [insert name], at [insert email address]. By lodging a complaint, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You. Emertxe shall aim to resolve the complaints as soon as possible
• The Grievance Officer of Emertxe shall acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, within 36 hours of receipt of the same and shall endeavour to redresses the same at the earliest.

13. Communications

• You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from Emertxe, its group entities and other third parties duly authorised by Emertxe. You hereby expressly consent to the monitoring and recording, by Emertxe of any and all communications between You and Emertxe or its agents, employees, consultants, contractors, or representatives of Emertxe or of their authorised partners, for internal business and quality control purposes.
• You can unsubscribe or opt-out from receiving communications through SMS and e-mail from Emertxe. In which case, Emertxe will only send You communications solely required for the purposes of the Services provided through the Platform.

14. General Provisions

• Notice: All notices from Emertxe will be served by email to Your registered email address or by general notification on the Platform.
• Assignment: Unless expressly provided in these Terms and Conditions, You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. Emertxe’s rights under the Terms are freely transferable by Emertxe to any third party without the requirement of seeking Your consent.
• Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any 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.
• Force Majeure: Emertxe and/or the Platform shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

15. IP Infringement

• If You believe the Platform violates Your intellectual property, You must promptly notify Emertxe in writing at [insert email address]. These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
• the intellectual property that You believe is being infringed;
• the item that You think is infringing and include sufficient information about where the material is located on the Platform;
• a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
• Your contact details, such as Your address, telephone number, and/or email;
• a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
• Your physical or electronic signature.

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