THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF PRAGYATA, INC.'S ("OUR", "WE", "COMPANY" OR "PRAGYATA") SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS"). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
You may use our Services only if you can form a binding contract with Pragyata, and only in compliance with these Terms and all applicable laws. When you create your Pragyata account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate.
Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Pragyata's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
While we take considerable care that our courses have word-class quality, unexpected events do occur. Pragyata reserves the right to abort, interrupt or reschedule any course or to modify any course content or the point value or weight of any exercise, quiz, or any other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.
The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in the forums, and the like ("User Content"), with Pragyata, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
To the extent that you provide User Content, you grant Pragyata a fully-transferable, royalty-free, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights Pragyata may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
We welcome your suggestions, ideas, and comments regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you.
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Pragyata cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Pragyata disclaims any responsibility or liability related to your access or use of such third party content.
While we work to protect the security of your account and related information, Pragyata cannot guarantee that unauthorized third parties will not be able to circumnavigate our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing firstname.lastname@example.org
Pragyata respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Pragyata Copyright and Trademark Policy in accordance with applicable law, i.e. Trademark Act, 1999.
Pragyata offers paid Services for a fee. Unless otherwise stated, all fees are quoted in INR. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection methods. Fees may vary based on your location and other factors, and Pragyata reserves the right to change any fees at any time at its own discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
We are constantly changing and improving our Services. We may add or remove functions, features and may suspend or stop a Service altogether. Accordingly, Pragyata may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Pragyata, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Pragyata Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
Users are entitled to refunds pursuant to Pragyata’s general Terms of Service and the content owner agrees that the firm may deduct such refunds from subsequent amounts owed to them. Prag-yata will issue remit to the content owner any amounts remaining after the foregoing deductions and adjustments, in INR, via cheque or online bank transfer. Payment will be made within thirty (30) days of the end of the month in which the fee for a Course was received. The content owner is responsible for providing Pragyata with all identifying and tax information necessary for the payment of amounts due.
THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RSULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You agree to indemnify, defend, and hold harmless the Pragyata Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Pragyata's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.