These Terms & Conditions (“Terms”) of (a) use of our website www.betainsights.in (“Website”), or any products or services or trainings in connection with the Website/products (“Services”) or (b) any modes of registrations or usage of services, or materials, including through tablets or other storage/transmitting device are between Beta Insights Professional Academy (“Organization/We/Us/Our”) and its users (“User/You/Your”). Here organization refers to Beta Insights Professional Academy.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and the privacy policy of the Organisation (“Privacy Policy”) with respect to registration with us, the use of the Website, Services, trainings and products carefully before using the Website, Services, trainings or products. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.
Your use/access/browsing of the Website or the Services or products or registration (with or without payment/with or without subscription) or training through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
If You do not agree with the Terms or the Privacy Policy, please do not use the Website or avail the Services or trainings or products. Any access to our Services/Training/products through registrations/subscription is nontransferable.
01. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website, Services, Trainings and products are proprietary property of the Organisation (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Organisation and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Organisation, to the User. You may own the medium on which the information, content or materials resides, but the Organisation shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Organisation on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
02. Your use of our Products, Website, Trainings and Services is solely for Your personal and non-commercial use. Any use of the Website, Services, trainings or Products or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Website, trainings, products and / or our Services shall be subjected to the following restrictions:
01. You may not decompile, reverse engineer, or disassemble the contents of the Website and/or Services and/or trainings and/or products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or data obtained from our Website and/or Services/products/trainings, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website and/or Services/products/trainings.
02. You will not (a) use the Website and/or any of our products/ or Services/ or trainings for commercial purposes of any kind, or (b) advertise or sell the training modules or any products, Services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website/our products and Services in any way that is unlawful, or harms the Organization or any other person or entity as determined by the Organization.
03. No users shall be permitted to perform any of the following prohibited activities while availing our services:
01. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
02. Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
03. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
04. Interfering with any other person’s use or enjoyment of the Website/Services/Trainings;
05. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
06. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
07. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
08. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
09. Access or use the Website/Services/products/trainings in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;
10. Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website/Services/products/trainings, violate any requirements, procedures, policies or regulations of networks connected to the Website/Services/products/trainings, or engage in any activity prohibited by these Terms;
11. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/products/trainings, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products/trainings or any affiliated or linked sites;
12. Interfere with, or inhibit any user from using and enjoying access to the Website/ Services/products/trainings, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website/Services/products/trainings;
13. Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website/Services/products/trainings, to access, acquire, copy or monitor any portion of the Website/Services/products/trainings, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website/Services/products/trainings;
14. Alter or modify any part of the Services;
15. Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
16. Violate any of the terms specified under the Terms for the use of the Website/Services/products/trainings
03. By submitting content on or through the Services (Training) (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms.
04. In the preparation of the Website/Services/products/trainings and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Organisation disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Website and contents thereof error free and user friendly. Beta Insights Business Advisory also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Organisation nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Website/Services/products/trainings for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
05. Upon registration through any means whatsoever, the Organization may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Organization to contact him/her and the clients utilising the Services, through the above-mentioned means at any time post registration for the services. .-. Further, the Organisation shall have the right to monitor the download and usage of the Services/products and the contents thereof by the Users/clients/student, to analyze such usage and discuss the same with the User/clients/student to enable effective and efficient usage of the Services. The User expressly permits the Organisation to discuss the business with clients and provides solutions over the online medium. In the case of training the user expressly permits the organization to clear the doubts of the student using the Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail or through any other forum.
06. Clients have to maintain the privacy of any and all the information’s shared with them related to their business and/or the services provided by the partner organizations. All the documents must be used within the organizations and client can not forward it to anyone who is not associated directly and/or indirectly with the business.
07. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Services or trainings. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our Services or trainings. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Website/Services/trainings, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Organisation will not be responsible for any consequence that arises as a result of misuse of any kind of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Organisation reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Organisation does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
08. You agree to defend, indemnify and hold harmless the Organisation, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Website/Services/training; (ii) Your violation of any term of these Terms or any other policy of the Organisation; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Services/trainings has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
09. In no event shall the Organization, proprietor, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.
10. In the event of Your breach of these Terms, You agree that the Organization will be irreparably harmed and may not have an adequate remedy in money or damages. The organization therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Organizations’s right to obtain such relief shall not limit its right to obtain other remedies.
11. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Muzaffarpur and You hereby accede to and accept the jurisdiction of such courts.
12. The Organization (Beta Insights Professional Academy) has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services as it deems fit at any time without notice. Further, the Organisation has the right to amend these Terms from time to time without prior notice to you. The Organisation makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Organisation shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.
13. DISCLAIMER: THIS WEBSITE, THE TRAININGS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE BETA INSIGHTS BUSINESS ADVISORY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, PRODUCTS AND THE SERVICES AND THE TRAININGS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE ORGANISATION SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
14. Notice: All notices served by the Organization shall be provided via email to Your account. Any notice to be provided to the Organisation should be sent to info and/or admin and/or [email protected].
15. Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Organisation and You with respect to Your access to or use of the Website and the Services thereof.
16. Additional condition if any mentioned on the invoice or maintained specifically during the communication in form of written form or in form of presentation during the course of service or training will also be enforced effective immediately.
17. Refund Policy: The organisation doesn’t refund any money for providing professional services. Refund for professional services can only be raised during the service period if a) client raise question on the quality of work in case it is not consistent with industry-standard, b) if the project is delayed. If a project is delayed at the request of the client, due to client’s internal processes, or due to the late supply of relevant information to execute the project, the organization will not be responsible for any costs incurred by this delay. In the case of professional services, once the project is delivered then there will be no refunds. In the case of training, we strictly follow a no refund policy. But there is a provision of raising requests. In all the above cases (professional services, and training) final right to refund lies in the hand of the management. Waiver: Any failure by the organization to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Organisation of that provision or right.
18. 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 Organisation.
19. The Organisation 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 Organisation has given You a reasonable opportunity to review these Terms and that You have agreed to them.
20. Feedback:
Any feedback You provide with respect to the services and/or trainings shall be deemed to be non-confidential. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Organisation is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Organisation for the feedback under any circumstances, unless specified.
Under no circumstances shall the Organisation be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application.
21. Customer care:
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at [email protected].
