Website and Service Terms and Conditions – General
The Academicia website (“Website”) and related services (together with the
Website, the “Service”) are operated by The Academicia Pvt. Ltd. (“The
Academicia”, “us” or “we”). Access and use of the Service is subject to
the following Terms and Conditions of Service (“Terms and Conditions”). By
accessing or using any part of the Service, you represent that you have
read, understood, and agree to be bound by these Terms and Conditions
including any future modifications. The Academicia may amend, update or
change these Terms and Conditions. If we do this, we will post a notice
that we have made changes to these Terms and Conditions on the Website for
at least 7 days after the changes are posted and will indicate at the
bottom of the Terms and Conditions the date these terms were last revised.
Any revisions to these Terms and Conditions will become effective the
earlier of (i) the end of such 7-day period or (ii) the first time you
access or use the Service after such changes. If you do not agree to abide
by these Terms and Conditions, you are not authorized to use, access or
participate in the Service
Description of Website and Service
The Service allows users to (i) prepare for any examination online. Users
interested in learning or practicing are presented with different types of
educational activities. The Academicia may, in its sole discretion and at
any time, update, change, suspend, make improvements to or discontinue any
aspect of the Service, temporarily or permanently.
Registration
In connection with registering for and using the Service, you agree (i) to
provide accurate, current and complete information about you and/or your
organization as requested by The Academicia; (ii) to maintain the
confidentiality of your password and other information related to the
security of your account; (iii) to maintain and promptly update any
registration information you provide to The Academicia while registering
or during your usage of The Academicia’s services, to keep such
information accurate, current and complete; (iv) to be fully responsible
for all use of your account and for any actions that take place through
your account; (v) By signing up on The Academicia you deemed to have given
your consent to be contacted by us via phone calls and/or SMS
notifications and offer you our services, imparting product knowledge,
offer promotional, offers running on website/app, offers offered by the
associated third parties and also order/shipment/delivery related updates,
irrespective of the fact if also you have registered yourself under DND or
DNC or NCPR service, you still authorize The Academicia to give you a call
for the above mentioned purposes. (vi) You are required to provide your
examination registration information for the purpose of our internal
estimation of successful candidates. If you do not provide the
information, your partial or full access to the website content and/or
other The Academicia services may be blocked. No refund will be provided
in such a scenario. We assure you that we will not use this information
for any other purpose or share this information with any third party.
Your Representations and Warranties
You represent and warrant to The Academicia that your access and use of
the Service will be in accordance with these Terms and Conditions and with
all applicable laws, rules and regulations of Constitution of India and
any other relevant jurisdiction, including those regarding online conduct
or acceptable content, and those regarding the transmission of data or
information exported from India and/or the jurisdiction in which you
reside. You further represent and warrant that you have created or own any
material you submit to The Academicia and that you have the right to grant
us a license to use that material.
Inappropriate Use
You will not upload, display or otherwise provide on or through the
Service any content that: (i) is libelous, defamatory, abusive,
threatening, harassing, hateful, offensive or otherwise violates any law
or infringes upon the right of any third party (including copyright,
trademark, privacy, publicity or other personal or proprietary rights); or
(ii) in Aptitech Education’s sole judgment, is objectionable or which
restricts or inhibits any other person from using the Service or which may
expose Aptitech Education or its users to any harm or liability of any
kind.
Indemnification of The Academicia
You agree to defend, indemnify and hold harmless The Academicia and its
directors, officers, employees, contractors, agents, suppliers, licensors,
successors and assigns, from and against any and all losses, claims,
causes of action, obligations, liabilities and damages whatsoever,
including attorneys’ fees, arising out of or relating to your access or
use of the Service, any false representation made to us (as part of these
Terms and Conditions or otherwise), your breach of any of these Terms and
Conditions,or any claim that any service we provide to you is inaccurate,
inappropriate or defective in any way whatsoever
No Representations or Warranties
The service, including all images, audio files and other content therein,
and any other information, property and rights granted or provided to you
by The Academicia are provided to you on an “as is” basis. Aptitech
Education and its suppliers make no representations or warranties of any
kind with respect to the service, either express or implied, and all such
representations and warranties, including warranties of merchantability,
fitness for a particular purpose or non-infringement, are expressly
disclaimed. Without limiting the generality of the foregoing, Aptitech
Education does not make any representation or warranty of any kind
relating to accuracy, service availability, completeness, informational
content, error-free operation, results to be obtained from use, or
non-infringement. Access and use of the service may be unavailable during
periods of peak demand, system upgrades, malfunctions or scheduled or
unscheduled maintenance or for other reasons. Some jurisdictions do not
allow the exclusion of implied warranties, so the above exclusion may not
apply to you.
Limitation on types of Damages/Limitation of Liability
In no event will The Academicia be liable to you or any third party
claiming through you (whether based in contract, tort, strict liability or
other theory) for indirect, incidental, special, consequential or
exemplary damages arising out of or relating to the access or use of, or
the inability to access or use, the service or any portion thereof,
including but not limited to the loss of use of the service, inaccurate
results, loss of profits, business interruption, or damages stemming from
loss or corruption of data or data being rendered inaccurate, the cost of
recovering any data, the cost of substitute services or claims by third
parties for any damage to computers, software, modems, telephones or other
property, even if Aptitech Education has been advised of the possibility
of such damages. Aptitech Education’s liability to you or any third party
claiming through you for any cause whatsoever, and regardless of the form
of the action, is limited to the amount paid, if any, by you to The
Academicia for the service in the 12 months prior to the initial action
giving rise to liability. This is an aggregate limit. The existence of
more than one claim hereunder will not increase this limit.
Termination
The Academicia may terminate your access and use of the Service
immediately at any time, for any reason, and at such time you will have no
further right to use the Service. You may terminate your The Academicia
account at any time by following the instructions available through the
Service. The provisions of these Terms and Conditions relating to the
protection and enforcement of The Academicia’s proprietary rights, your
representations and warranties, disclaimer of representations and
warranties, release and indemnities, limitations of liability and types of
damages, ownership of data and information, governing law and venue, and
miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text,
graphics, images, information, software, audio and other files, and their
selection and arrangement (the “Service Content”), are the proprietary
property of The Academicia or its licensors. No Service Content may be
modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form
or by any means, in whole or in part, other than as expressly permitted in
these Terms and Conditions. You may not use any data mining, robots,
scraping or similar data gathering or extraction methods to obtain Service
Content. As between you and The Academicia, all data and information
generated from your access and use of the educational activities made
available on or through the Service, including translated content
generated by you (collectively, the “Activity Data”), shall be
exclusively owned by The Academicia, and you shall not have any right to
use such Activity Data except as expressly authorized by these Terms and
Conditions. Activity Data will not include material you submit for
translation or any resulting translation. By using the Service, you hereby
assign to The Academicia any and all rights, title and interest, including
any intellectual property rights or proprietary rights, in the Activity
Data. All rights of The Academicia or its licensors that are not expressly
granted in these Terms and Conditions are reserved to The Academicia and
its licensors.
Trademarks
“The Academicia” and all other trademarks, service marks, graphics and
logos used in connection with the Service are trademarks or service marks
of The Academicia or their respective owners. Access and use of the
Service does not grant or provide you with the right or license to
reproduce or otherwise use the The Academicia name or any The Academicia
or third-party trademarks, service marks, graphics or logos.
Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which
is located at https://theacademicia.com. By using the Service, you consent
to the terms of the Privacy Policy.
Cancellation Policy
1) Cancellations will be considered only if the cancellation
request is made within 24 hours of placing the order. However, the
cancellation request will not be entertained if the orders have already
been completed or if we have initiated the process of shipping either by
ourselves or through the vendors/merchants/representatives whom we may
appoint from time to time.
2) No cancellations are allowed for products on which Aptitech
Education marketing team has given special offers for various purposes
including but not limited to special occasions like New Year, festivals,
specific examinations etc. These are limited validity offers and therefore
cancellations are not possible.
3) In case you feel that the product received is not as shown on
the site and/or as per your expectations, you must bring it to the notice
of our customer service within 24 hours of receiving the product. The
customer service team, after looking into your complaint, will make an
appropriate decision.
