Terms and Conditions


Acceptance of this Agreement

By clicking on the 'SIGNUP' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published,available or provided on www.theprofessionalcourses.com (the "Website"), which is owned, maintained and monitored by ACTSol & Associates ("Us", "We" or "Our").

User ID and Password

By entering into this Agreement, You acknowledge and agree that Your user ID and password ("Participant Account") is for Your exclusive use only. Use or sharing of Your Participant Account with another user is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement.

You agree that You are solely responsible for maintaining the confidentiality of Your Participant Account and for all activities that occur under it. You agree to immediately notify our Help and Support Team if You become aware of or have reason to believe that there is any unauthorized use of Your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Participant Account due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Participant Account.

Content and Courseware

As a part of our Services offered through our Website, We shall grant you access to our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for ("Content and Courseware").

We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
Usage of the Website and Services

We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for ("Restricted Purpose").

You are permitted online access to the Website, the Services, and the Content and Courseware and may download, save, or print the Content and Courseware solely for the Restricted Purpose.

You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
Intellectual Property Rights

While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.

You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.

Usage of Personal Information of Participants:

We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.

Limitation of Liability:

You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.

The disclaimer of liability contained 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, whether for breach of contract, negligence, or under any other cause of action.

You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.

You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the particular certification training course.

Term and Termination:

This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the "I ACCEPT" button and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up online Participant Account, or until terminated by Us, whichever is earlier.

We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement ("Event of Default"). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.

The provisions of clause 4.3, clause 7.2, clause 8 and clause 11 of this Agreement shall survive the termination of this Agreement.

Indemnity:

You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys' fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.

Waiver

Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

Severability:

In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.

Governing Law and Jurisdiction:

Agreement shall be governed by and construed in accordance with the Laws of India and the courts in Bangalore, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.

Amendment and Assignment:

We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.

You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.

Entire Agreement:

This Agreement, along with the Privacy Policy, Refund Policy, Rescheduling Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing Your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

Terms of Use:


Please read the following carefully

These terms and conditions ("Terms and Conditions") control your use of this website. In these Terms and Conditions, "ACTSol and Associates" is referred to as the "Company", "us," or "we."

'You' refers to a user or a paying customer. If you are a company or another person who gives access to company products, you agree to take responsibility in full in case of damages or indemnification that could properly lie against the customer.

This website (the 'Site'), the educational services made available through the site and the content (the 'Products') are owned, operated and maintained, as applicable, by ACTSol and Associates ('we', 'our', 'us', or the 'Company'). The Site, Products and Content are, collectively, the 'Company Products'.

By (a) using or accessing the Company Products, including, but not limited to downloading or accessing, (b) offering a Course through the Site or through Software; you agree to the terms and conditions set forth in these Terms of Use (the "Terms")

By using this website or its Products and Services, You Agree and Warrant that you have read, understood, and agreed to be Bound by these terms. Company's privacy policy can be found at Privacy Policy. If you do not accept these terms, you must not use - and are not authorized to use - all or any portion of the company's website and its products or services (as defined below).

Please read them carefully before you use the services of this site.

  1. You should not use this site in an unlawful manner; you must respect the website terms and conditions and follow the Privacy Policy.
  2. Under no situations or circumstances, will the company be liable for any change in the content which it provides on the website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of exposure, any content made available via our products, services, or various resources such as email, blog etc.
  3. Our services are free to any user with access to the Internet. However, we are not responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the user is fully responsible for the proper functioning of computer hardware and internet access.
  4. You will be required to use login credentials for some of the sections on the site and the company reserves the right to block access to our services for any user who does not follow these conditions
  5. We make sure that users get uninterrupted access to our service, but there is no obligation to do so.
  6. ACTSol and Associates is not responsible and is not obligated for issues in your network or server beyond certain limits.

Website Usage Guidelines:

  1. Do not insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others
  2. Do not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
  3. Do not upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers.
  4. It's prohibited to edit HTML source code, reverse engineer or attempt to hack.
  5. Do not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
  6. Do not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
  7. You may not copy, distribute, and indulge in plagiarism with website content or user submitted content.
  8. Do not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.

Links and Hyperlinks Terms

This website may have links to other websites. We do not undertake any control on the content of these websites; nor are we responsible for their website content. The sole purpose of the links included are to provide users information. Hence, ACTSol and Associates will not be held responsible.

  1. You may not mirror or frame the homepage or any other pages of this Site on any other website or web page.
  2. Do not link to the pages and sub pages (of this website https://www.theprofessionalcourses.com/) with spam links/anchor text, which could provide a false impression. This may create misunderstanding for the users.
  3. Do not use or include copyrighted or registered trademarks, or Intellectual property images, design or content as a link to website https://www.theprofessionalcourses.com/
  4. Do not link to pages which support racism, terrorism.
  5. Do not link to pages which provide pornographic content and violate human and animal rights.
  6. Do not link pages to content which infringes the intellectual property of any third party, person or entity.
  7. Do not link pages to content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice

Copyright and Intellectual Property

We value and respect others intellectual property and expect our users to do the same.

The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are of ACTSol and Associates', its affiliates, or other third party licensors. The material on the site, including text, graphics, code and/or software is copyrighted and belongs to ACTSol and Associates therefore you may not duplicate, modify, publish, or reproduce the content in any manner.

ACTSol and Associates does not take any responsibility for the content on other sites (except our partners and affiliates), that you may find when searching or accessing ACTSol and Associates products or services. The Privacy Policy and Terms of Use of the sites that you visit will administer that material.

ACTSol and Associates has all the rights to disable or prohibit access to the users who do not respect and involve in the infringement of ACTSol and Associates intellectual property.

You are not allowed to use any of the digital images or logos from the website. In case of copyright issues, there has to be a written consent from the trademark owner.

Claims of Intellectual Property Violations:

If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us with the information given below and we will act on it.

  • The authorized person who will act on behalf of the owner of the copyright, should send a digital or physical signature
  • A description of the copyrighted work that you claim to be infringing your IP
  • A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner's behalf
  • You can reach us on connect@actsol.in to notify your claims of copyright by writing to Help and Support Team
  • Transaction Terms
If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us with the information given below and we will act on it.
  • To make a transaction on this website, you are bound to pay for that transaction.
  • Please pay close attention to your payment details such as total bill, taxes, shipping costs, and discounts.
  • There are certain products which require additional Terms and Conditions which you have to agree to before you make the purchase.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THIS WEBSITE

No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon ACTSol & associates unless agreed to by ACTSol & Associates in writing.

ACTSol & Associates reserves the right to modify, change without prior notice and in its sole discretion, to limit the order quantity on any item and to refuse service to anyone.

Subscription Services

You will be allowed to subscribe to a particular course or collection of courses ("Subscription Services") and will be charged automatically, depending on payment frequency chosen by you, such as monthly/quarterly/yearly, as may be applicable.

You will be permitted to freeze or schedule the freeze of the Subscription Services on the site https://www.theprofessionalcourses.com/, at anytime and ACTSol & Associates shall not charge you for any such opted Subscription Services according to the payment cycle. Further, the Subscription Services, access will be revoked if the user opts to freeze the subscription. You will have the option to re-subscribe to the particular Subscription Services again and the payment cycle will start accordingly.

Please note that Subscription Services discounts and any Subscription Services of the site https://www.theprofessionalcourses.com/ are only a limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription Services item information pages, and then only if you select the Subscription Services. Subscription Services are will last only till a particular period of time, as may be specified on the relevant page. Special limited time subscription promotions only apply during their effective dates.

ACTSol & Associates retains the rights to modify the Subscription Service of the site https://www.theprofessionalcourses.com/ from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Subscription Service that materially reduces the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.

If you register for a free trial of the Subscription Service, we will make the Subscription Service available to you on the site https://www.theprofessionalcourses.com/ for a trial basis, free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If we include additional terms and conditions on the trial registration web page, those will apply as well. During the free trial period, (i) the Subscription Service is provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Subscription Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Subscription Service. Unless you subscribe to the Subscription Service before the end of the free trial, all of your data on the Subscription Service will be permanently deleted at the end of the trial, and we will not recover it. ACTSol & Associates shall not refund or in any ways discount, set off any amount once the trial period has ended. In case where You wish discontinue to paid Services, please login to your account. Go to Profile>Manage Subscription, click on Subscription and Freeze the subscription to stop any further payments being made.

Valid credit cards are the only payment method accepted for Subscription Services purchases. The customer shall at all time use a credit card for the use of Subscription Services and upon the completion of the free trial period, you will be charged automatically without the requirement of any further approval or consent, such a period of the trial period shall be mentioned on the at the time of registration to the Subscription Services, ACTSol & Associates absolves any liability with regard to information of period of the free trial period.It is clarified that, once the Subscription Services are accepted the participants authorize ACTSol & Associates and any of its affiliates to debit the accounts at regular intervals as may be notified to the participants

Further, you will have the option of cancelling the Subscription Services during the free trial period, without incurring any charges for the same. To initiate the free trial, ACTSol & Associates shall charge you a token amount to ensure the validity of Credit Card. The token amount will be refunded automatically within 5 days. Further You may cancel your account with ACTSol & Associates by reaching out to Help and Support Team

Your Subscription Services will remain in effect until it is cancelled. If you cancel your Subscription Services and then reactivate it, the discount applied to any Subscription Services item may not be the same discount in effect at the time of cancellation. If you reactivate a Subscription Services, it will be created with the same products with which you previously subscribed. If the Subscription Services discount percentage for such Subscription Services item changes, the new discount will be applied to your products of that item.

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. All fees are exclusive of any applicable taxes, VAT / GST or any other applicable law and tax deductions. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

Limit of Liability:

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, or services purchases or obtained or messages received or transactions entered into through or from the Website or otherwise; (iii) unauthorized access to or alteration of your transmissions or data or confidential information; (iv) statements or conduct of any third party on the Products; (v) or (v) any other matter relating to the Products.

Indemnity:

You agree to indemnify and hold the Company and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Pricing Disclaimer

All prices, products, and offers of this website are subject to change without notice.

While we make sure to provide most accurate and up-to-date information, in some cases one or more items on our website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from our suppliers.

ACTSol & Associates, the creator / owner of this site https://www.theprofessionalcourses.com/ reserves the right to change prices for all our products, offers, or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.
Proprietary Use of ACTSol & Associates Study Material

ACTSol & Associates reserves the right to change prices for all our products, offers, or deals. These changes are done due to market conditions, course termination, providers, price changes, errors in advertisements and other extenuating circumstances. However, the price you paid at the time of purchase still holds for you.

You Are Not Permitted To:

  • a) Modify or copy the materials.
  • b) Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
  • c) Attempt to decompile or reverse engineer any software contained on Companies web site.
  • d) Remove any copyright or other proprietary notations from the materials.
  • e) Transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.


Disclaimer


The materials on Companies web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site https://www.theprofessionalcourses.com/


Limitations


In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Companies Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


Revisions and Errata


The materials appearing on Companies web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.


Links


Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.


Site Terms of Use Modifications


Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Any claim relating to Companies web site shall be governed by the laws of the India without regard to its conflict of law provisions.

As an Instructor, You represent, warrant, and covenant that: No Submitted Content shall infringe or misappropriate any intellectual property right of a third party. 


Privacy & Cookie Policy

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