Acceptance of the Agreement
The participant “You” or “Your” accepts the terms and conditions, duties, representations, warranties, and agreements stated herein the “Agreement” by selecting the “SIGNUP” or “I’m Interested, Tell me more” options. You will notbe permitted to view or use in any way any content, information, courseware,products, or services “Services” published, available, or provided on www.immeksoftech.com the “Website” , which is owned and maintained, if you are unwilling to accept the Agreement.
Courses and Content
We will provide you with access to our courseware, practice exams, and other information, documents, and data related to the particular certification training course you have registered for through our website. This information may be in the form of written, graphic, recorded, audio, video, photographs, or any other machine-readable format.
We maintain the right to change, update, or rewrite the courseware and content that we provide to you. If such a change, revision, or update takes place, we can ask you to pay extra to access the updated, modified, or rewritten courseware and content.
Using the Website and Its Features
Until the completion of the certification training course you have enrolled in or the termination of this Agreement in accordance with the terms and conditions outlined herein, whichever comes first, we grant you a personal, limited, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware made online. In order to help you finish the certification training course you have signed up for, the Services, Content, and Courseware are only offered for your personal, non-commercial use (“Restricted Purpose”).
The Website, the Services, and the Content and Courseware are all available to you online, and you are only allowed to download, store, or print the Content and Courseware for the Restricted Purpose. Without our prior written consent, you are not allowed to broadcast, disseminate, transmit, distribute, sublicense, reproduce, transmit, or create derivative works of the Content and Courseware, or any portion of it, in any way or through any communication channels or means, for any purpose other than the Restricted Purpose.
Rights to Intellectual Property
You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services, the Content, and the Courseware, and as such, We are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, the Content, and the Courseware, even though You are granted a limited and non-exclusive right to use the Website, the Services, the Content, and the Courseware for the Restricted Purpose as specified in this Agreement.
You understand and agree that, aside from allowing you to use the Website, the Services, the Content, and the Courseware for the Restricted Purpose, this Agreement does not grant you any kind of proprietary right, title, or interest in the Website, the Services, the Content, or the Courseware.
Use of Participants’ Personal Information
We retain the right to utilize your image in any images, films, or other marketing materials that we use. Additionally, we might use your personal information to notify you about additional certification training programs that we provide. However, we will not share or transfer your personal information with any third-party marketing databases or to any other third party unless necessary to comply with applicable laws or on an individual basis following appropriate third-party verification.
Liability Limitations
You hereby acknowledge that using the Website, the Services, the Content, and the Courseware is entirely at your own risk. We do not guarantee that the Website, the Services, or the Content and Courseware will be error-free or uninterrupted. Neither do we guarantee the accuracy or dependability of any information supplied by the Website, the Services, or the Content an Courseware, nor do we guarantee the results that may be obtained from using the Website, the Services, or the Content and Courseware .Any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use the Website, the Services, the Content, or the Courseware will never be covered by We or any other person or entity involved in developing, producing, or distributing the Website, the Services, the Content, or the Courseware.
Whether for breach of contract, negligence, or under any other cause of action, the disclaimer of liability 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 unauthorized access to, alteration of, or use of records or any other material.
You hereby expressly agree that We are not responsible for any offensive, unlawful, defamatory, or wrongful behavior by third parties or other users of the Website, the Services, the Content, or the Courseware, and that each user bears full responsibility for any harm or damage resulting from the aforementioned.
You agree that the amount of money you paid Us for the specific certification training course will not be more than Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, resulting from any type of legal claim (whether in contract, tort, or otherwise) connected in any way with the Services or the Content and Courseware.
Duration and Termination
In accordance with the terms and conditions of this agreement, it will take effect when you click the “I ACCEPT” button to accept its terms. It will continue to be in effect until You maintain a current, fully paid-up online Participant Account or until We terminate it, whichever comes first.
We reserve the right, by sending You a written notice via email to that effect (“Immediate Termination Date”), to terminate this Agreement and immediately block Your access to the Content and Courseware, if such termination is brought about by Your misrepresentation, default, misconduct, or breach of Your obligations under or related to this Agreement (“Event of Default”). When a default event occurs, we will be able to use all of our legal rights and remedies under this agreement, any relevant laws, and any available equity to pursue compensation for any losses or claims resulting from the default event.
Compensation
You agree that any claims, losses, damages, liabilities, and expenses, including legal fees, resulting from your unauthorized use of the Website, the Services, the Content, and the Courseware, or from any violation or breach of this Agreement or any of its provisions, will be covered by and held harmless by Us, Our contractors, licensors, directors, officers, employees, and agents.
Waiver
The exercise of any right, remedy, power, or privilege under this agreement, or of any other right, remedy, power, or privilege, shall not be deemed waived by any party’s failure or delay in exercising any of these rights. Unless the party claiming to have waived or agreed signs a written document, no term of this agreement will be regarded waived, and no breach will be consented to. A waiver of one set of rights or consent to one breach does not imply a waiver of any other set of rights or consent.
The ability to severs
The Agreement shall be deemed reformed by substituting a valid and enforceable provision that gives effect as closely as possible to the parties’ intentions as expressed by the invalidated or unenforceable provision, and the remaining provisions shall remain in full force and effect in the event that any of the provisions are declared invalid or unenforceable under the applicable laws of India.
Law and Jurisdiction in Control
The laws of New York shall govern and be interpreted in accordance with this Agreement for Participants who are residents of the United States of America, and the courts of New York shall have exclusive jurisdiction over any matter relating to, in connection with, or arising out of this Agreement.
This Agreement shall be governed and construed in accordance with Indian law for Participants who do not reside in the United States of America. The courts in Chennai, India shall have exclusive jurisdiction over any matter relating to, in connection with, or arising out of this Agreement.
Modification and Assignment
This Agreement may be unilaterally amended or modified by us at any time without previous notice to you. However, in order for You to be informed of the changes, adjustments, and additions that We have made to this Agreement, We will post the updated version on the Website. You understand and accept that it is your duty to periodically check the website for any changes, additions, or revisions. Any modifications to this Agreement will be deemed accepted by you if you continue to use or access the Website, the Services, the Content, and the Courseware after they are posted.
You are solely responsible for any violations of this Agreement and its terms and conditions, and you are not allowed to transfer this Agreement or the rights and responsibilities outlined in it to any other person.
Whole Contract
This Agreement replaces any previous agreements, if any, pertaining to any matter covered by this Agreement and is the only agreement governing your use of our Website. It is accompanied by the Privacy Policy, Refund Policy, Terms of Use, Cookie Policy, and any other guidelines, rules, and/or disclaimers posted on the Website.
