Terms and Conditions
Welcome to Amviva India!
These terms and conditions outline the rules and regulations for the use of AmvivaIndia's Website, located at https://www.amvivaindia.com.
This legally binding agreement (“Agreement”) is made between Amvivaindia Ltd and the individual (“you”) identified in the order confirmation on the www.amvivaindia.com website or mobile application or via Amvivaindia’s other online resources (“Website”). This Agreement includes the terms and conditions set out below, together with any disclaimers, guidelines, or other terms that may be sent to you by Amvivaindia or agreed to by you, posted on the relevant web page(s) of the Website.
ACCEPTANCE OF TERMS
1.1. Your access to and use of www.amvivaindia.com (“our Website”) is subject to these terms, conditions, and disclaimers (the “Terms of Use”) and the Privacy Policy. Please read these Terms of Use carefully before you start to use our Website. By using our Website, you accept the Terms of Use in full and agree to abide by them. If you do not accept these Terms of Use or any part of them, you must not use our Website.
1.2. You must be at least 18 years of age to use our Website or, if you are under 18 years of age, have the permission of your parent or guardian to use our Website. By using our Website, you warrant and represent that you are at least 18 years of age or otherwise have the permission of your parent or guardian to use our Website.
ABOUT US
www.amvivaindia.com is a Website operated by Amvivaindia Limited (“amvivaindia”, “we”, “us” or “our”). We are a limited liability company registered in India under company registration number __________. Our registered address is at Tollygunj, Kol-700008. You can contact us by email at info@amvivaindia.com.
ACCESSING OUR WEBSITE
3.1. Access to our Website is permitted on a temporary basis, and we reserve the right to suspend, withdraw or amend the contents of our Website (in whole or in part) or any services provided via our Website or advertised on our Website without notice and without the need to give a reason.
3.2. We will not be liable if for any reason our Website is unavailable at any time or for any period.
3.3. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users who have registered with us.
3.4. If you choose, or you are provided with, a user identification code, password, or any other piece of information to access restricted areas of our Website, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code, password, or other piece of information, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms of Use. We may also disable your identification code, password, or other piece of information in our sole discretion without notice or explanation.
3.5. You are responsible for making all arrangements necessary for you to have access to our Website.
3.6. You must ensure that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.
INTELLECTUAL PROPERTY AND LICENCE TO USE
4.1. All copyright, trademarks, and other intellectual property rights in our Website and its content (including, without limitation, the design, brands, logos, text, artwork, photographs, images, audio material, video material, audio-visual material, graphics, and all software and source codes connected with our Website) are owned by or licensed to Amvivaindia Ltd or used by Amvivaindia Ltd under license as permitted by law. All such rights in respect of our intellectual property, other than the rights of use set out below, are reserved.
4.2. You may view, print, and download materials legitimately accessible to you from our Website for your personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms of Use.
4.3. Unless otherwise agreed by us in writing, you must not: (a) republish material from our Website or reproduce any part of our Website (including republication or reproduction on another website); (b) sell, rent, or sub-license material from our Website; (c) display any material from our Website in public; (d) use any part of the materials on our Website for commercial purposes; (e) edit or modify any material on our Website; (f) redistribute material from our Website; (g) frame the content of our Website or use any similar technology in relation to the content of our Website (i.e., make it appear as if it is still on your Website); or (h) alter the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, videos, or audio sequences or any graphics separately from any accompanying text.
4.4. When using any material from our Website (as permitted in these Terms of Use), you must always acknowledge our status (and that of any identified contributors) as the authors of the material on our Website.
4.5. Nothing on our Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any logos, brand identities, and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to, Amvivaindia Ltd and displayed on our Website without written permission from Amvivaindia Ltd or any third party that may own a Mark displayed on our Website.
4.6. If you wish to make any use of material on our Website other than that set out above, please address your request to info@amvivaindia.com.
4.7. We take the protection of our intellectual property very seriously. If we discover that you have used our copyright materials, trademarks, and/or other intellectual property rights in contravention of the permitted uses set out in these Terms of Use, we may take action against you or bring legal proceedings against you seeking monetary damages and an injunction to stop you from using those materials. You may also be ordered to pay legal costs.
PROHIBITED USES
You must not utilize our Website in any of the following ways: (a) Engaging in activities that could cause damage to our Website, impair its availability or accessibility, or are otherwise harmful in nature, including, but not limited to, transmitting, storing, hosting, sending, uploading, using, publishing, or distributing any material containing (or linked to) spyware, adware, computer viruses, Trojan horses, worms, time-bombs, keystroke loggers, root kits, corrupted data, or other potentially harmful or malicious software or data; (b) Engaging in or encouraging conduct that is or may be unlawful, illegal, fraudulent, or harmful, or is connected with any unlawful, illegal, fraudulent, or harmful purpose or activity; (c) Transmitting or sending unsolicited or unauthorized commercial communications (including, but not limited to, advertising, marketing, or promotional material) and/or links to such communications; (d) Conducting any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction, and data harvesting) on or in relation to our Website unless you have obtained our express written consent.
USER-GENERATED MATERIAL
6.1. In these Terms of Use, user-generated material refers to material (including, but not limited to, text, images, artwork, graphics, photographs, audio material, video material, and audio-visual material) that you submit to our Website, for any purpose.
6.2. Any submissions you make to our Website must: (a) Be accurate (where they state facts); (b) Be genuinely held (where they state opinions); and (c) Comply with applicable law in the India and any country from which they are submitted.
6.3. Submissions must not contain any material that is discriminatory; obscene, offensive, hateful, or inflammatory; pornographic; defamatory; liable to incite racial hatred; promotes violence; breaches confidentiality or privacy; may cause annoyance, inconvenience, or needless anxiety or embarrassment to others; fraudulent; impersonates any person or misrepresents your identity or affiliation with any person or company; likely to deceive any person; give the impression that it originates from us, if this is not the case; or encourages or constitutes conduct that would be deemed a criminal offense, give rise to civil liability, or is otherwise contrary to applicable law or regulation (including, but not limited to, breach of intellectual property rights and computer misuse).
6.4. We reserve the right to edit or remove any material submitted to our Website, stored on our servers, or hosted or published on our Website.
6.5. By submitting material to our Website, you warrant that any such material complies with these Terms of Use, and you indemnify us for any breach of that warranty.
6.6. Any material you submit to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute, and disclose to third parties any such material for any purpose. We also reserve the right to disclose your identity to any third party claiming that any material posted or uploaded by you to our Website violates their intellectual property rights or right to privacy.
6.7. Despite our rights under these Terms of Use regarding user-generated material, we do not undertake to monitor the submission or publication of such material on our Website. We shall not be responsible or liable to any third party for the content, accuracy, or completeness of any materials submitted by a user of our Website.
RELIANCE ON MATERIAL The contents of our Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
LINKS TO THIRD-PARTY WEBSITES
8.1. Our Website may contain links to other websites and resources provided by third parties. These links are provided for your information and convenience only. Any link to other websites or resources does not constitute an endorsement of such websites or resources, and we make no representations about them or any material contained therein. We have no control over the content of those websites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them. If you choose to access a third-party website linked from our Website, you do so at your own risk.
8.2. If you would like us to remove a link to your website included on our Website, please contact us at info@amvivaindia.com. However, unless you have a legal right to demand removal, such removal will be at our discretion.
LINKING TO OUR WEBSITE
9.1. We welcome links to our Website. If you wish to link to our Website, you may do so on the condition that you link to, but do not replicate, any page on our Website, and adhere to the following conditions:
(a) Your linking method must be fair and legal and should not harm our reputation or exploit it in any way;
(b) You must not suggest or imply any form of association, approval, or endorsement on our part where there is none;
(c) You must not misrepresent your relationship with us or provide any false information about us;
(d) Links must not originate from any website that you do not own or for which you lack permission;
(e) Your website must not contain any discriminatory, obscene, offensive, hateful, or inflammatory material; pornographic content; defamatory statements; content liable to incite racial hatred; promotion of violence; or any conduct that may constitute a criminal offense, civil liability, or violation of applicable laws or regulations;
(f) Our logo must not be used for linking to our Website (or otherwise) without our express written consent;
(g) You must not frame our Website's content or employ similar technology to present our content as if it were still on your Website; and
(h) Links directed to our Website should be clear and appropriate in their text.
9.2. Should we request the removal of a link to our Website that falls under your control, you agree to promptly remove the link.
9.3. We reserve the right to revoke linking permission without prior notice.
SPAM
10.1. We maintain a zero-tolerance policy towards spam. In the context of electronic messaging, spam refers to unsolicited, bulk, or indiscriminate messages, typically sent for commercial purposes.
10.2. Our messaging systems automatically scan all incoming emails and messages to filter out spam.
10.3. While no message filtering system is 100% accurate, legitimate messages may occasionally be filtered out. If you suspect this has occurred to a message you sent, please notify the recipient through an alternate means. To reduce the risk of spam filters catching your messages, send messages in plain text (i.e., no HTML), remove attachments, and ensure messages are scanned for malware before sending.
10.4. In the rare event that you receive any message purportedly from us or sent using our systems that may be considered spam, please contact us at info@amvivaindia.com for investigation.
DISCLAIMERS AND LIMITATION OF LIABILITY
11.1. We endeavor to ensure the accuracy of the information on our Website (excluding user-generated content). However, we do not guarantee the completeness or accuracy of the material displayed on our Website. We reserve the right to make changes to the material on our Website at any time without notice. Material on our Website may occasionally be outdated or incorrect, and we make no commitment to ensure its accuracy or currency.
11.2. To the fullest extent permitted by law, we (and any other party involved in producing, maintaining, or delivering our Website or related services) expressly exclude:
(a) All implied representations, warranties, conditions, and other terms relating to our Website and its use that might otherwise be implied by statute, common law, or equity;
(b) Any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our Website, its use, inability to use, or results of use, including but not limited to servicing or repair costs, loss or corruption of data, databases, or software, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and any other type of loss or damage, whether arising from tort (including negligence), breach of contract, or otherwise, even if foreseeable.
11.3. Nothing in these Terms of Use shall be interpreted to exclude or limit our or your liability for (i) death or personal injury resulting from negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) fraudulent misrepresentation as to a fundamental matter; or (iv) any other liability that cannot be excluded or limited under the laws of India.
INDEMNITY
You agree to indemnify and hold Amviva India and its employees and agents harmless from all liabilities, damages, losses, costs, and other expenses (including legal fees and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisors) arising from any breach by you of any provision of these Terms of Use or other liabilities arising from your use of our Website.
INFORMATION ABOUT YOU
13.1. We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and warrant that all data provided by you is accurate.
13.2. We will report any breaches of applicable laws or regulations to law enforcement authorities and fully cooperate with any law enforcement authorities or court orders requiring disclosure of the identity or other details of any person using our Website or submitting material in violation of applicable laws or regulations.
TRANSACTIONS CONDUCTED THROUGH OUR WEBSITE Contracts for goods or services formed through our Website or as a result of visits made by you are governed by our Terms and Conditions of Online Courses, along with our Privacy Policy.
CHANGES TO WEBSITE AND TERMS OF USE
15.1. We reserve the right to:
(a) Modify or remove (either temporarily or permanently) our Website or any part of it without prior notice. You acknowledge that Amviva India shall not be liable to you for any such changes or removals; and
(b) Revise these Terms of Use at any time. By continuing to use our Website following any changes, you confirm your acceptance of such modifications and agree to adhere to them. We recommend checking this page regularly to stay updated with the current version. Unless stated otherwise, the current version shall prevail over all previous versions of the Terms of Use.
ASSIGNMENT
16.1. We may assign, transfer, or subcontract our rights and/or obligations under these Terms of Use without notifying you or seeking your consent.
16.2. You are not permitted to transfer, subcontract, or otherwise deal with your rights and/or obligations under these Terms of Use.
SEVERABILITY
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by any court or competent authority, such provision shall be severed, and the remaining provisions shall remain in full force and effect, continuing to be binding and enforceable. If any invalid, illegal, or unenforceable provision would be valid, lawful, or enforceable if part of it were deleted, that part will be deemed deleted, and the rest of the provision will continue to be effective.
BREACH
18.1. Without prejudice to any other rights under these Terms of Use, if you breach any provision, we may take appropriate action, including suspending or prohibiting your access to our Website, blocking computers using your IP address, contacting your internet service provider to restrict your access, initiating legal proceedings against you, or taking any other legal action available. We shall not be liable for any action taken in response to your breach.
18.2. Our failure to act in response to a breach by you or others does not constitute a waiver and shall not limit our rights in respect of such breach.
EXCLUSION OF THIRD PARTY RIGHTS
These Terms of Use are intended for the benefit of you and us and are not intended to confer benefits upon, or be enforceable by, any third party. The exercise of our and your rights under these Terms of Use is not subject to the consent of any third party.
ENTIRE AGREEMENT
These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our Website and supersede all prior agreements regarding such use.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of India. By accessing our Website, you submit to the exclusive jurisdiction of the Indian courts. However, we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction.
YOUR CONCERNS
If you have any concerns regarding the content on our Website, please contact us at info@amvivaindia.com.
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Services and Conditions
These Terms and Conditions of Online Courses and online personal consultation, which incorporate the Terms and Conditions of Website Use by reference and are subject to any Additional Online Terms and Conditions (if any), collectively referred to as the “Online Terms,” govern the sale of any Online Course or online personal consultation. Please carefully read the Online Terms before purchasing an Online Course and retain a copy for your records. By ordering an Online Course, you confirm your agreement to be bound by the Online Terms.
ONLINE COURSE PROVIDER
1.1 The Online Courses are offered by Amviva India (referred to herein as Amviva India, “we,” or “us”), a company incorporated in India with company number _________, GST registration number XXX XXXX XX, and registered office at Tollygunj, Kol - 700008.
1.2 We will make reasonable efforts to provide the Online Courses advertised by Amviva India.
1.3 The Online Courses will be provided with reasonable care and skill.
1.4 We may engage independent subcontractors to assist in providing Online Courses or utilize third parties for certain aspects or services related to our Online Courses. By agreeing to these terms, you acknowledge that our responsibility is to exercise reasonable care in selecting competent independent subcontractors and third-party suppliers. You also agree that Amviva India is not liable for the actions or omissions of such subcontractors or third-party suppliers.
DEFINITIONS
2.1 Capitalised terms used herein (and not otherwise defined) have the following meanings: “Additional Study Materials” refers to any Online Study Materials or Physical Study Materials not included in the Course Fee. “Additional Online Terms and Conditions” means any additional terms and conditions related to an Online Course agreed upon in writing by Amviva India with a specific student; “Brochure” refers to any online or hard copy material produced by Amviva India providing detailed information about the Online Courses; “Course Fee” is the fee payable for an Online Course, excluding any delivery charges for Course Materials, if applicable, and any import duties, taxes, and customs clearances; “Course Materials” includes materials provided by Amviva India during the delivery of any Online Course, such as (i) Online Study Materials and/or (ii) Physical Study Materials; “On-Demand Online Course” is an online course available for immediate study without a predetermined start date; “Online Course” refers to either an On-Demand Online Course or a Scheduled Online Course provided by Amviva India; “Online Study Materials” are materials in electronic format that can be downloaded from the Website or accessed and viewed on the Website, including PDFs, MP3s, JPEGs, MPEG4s, and MOVs; “Physical Study Materials” consist of materials in physical format, such as DVDs, CD-ROMs, Blu-rays, and Audio CDs; “Scheduled Online Course” is an online course accessible to you only on a predetermined start date; “Terms and Conditions of Website Use” are the terms and conditions governing your access to the Website, available [here]; “Website” refers to www.amvivaindia.com or any other domain operated by Amviva India; and “you” denotes the individual purchasing the Online Course.
2.2 The singular words used herein also include the plural.
PURCHASING AND CONFIRMATION
3.1 To purchase an Online Course, you must provide the required information and pay the specified amount, ensuring all information provided is complete and accurate.
3.2 Placing an order for an Online Course constitutes an offer to purchase the Online Course on the Online Terms. 3.3 A legally binding agreement is formed only when: (a) Amviva India accepts your offer to purchase an Online Course by sending an order confirmation email containing a link to access the Online Course, along with login details (if applicable); and (b) Amviva India receives either (i) the entire Course Fee in cleared funds, if paying for the Online Course with a lump sum, as per Clause 4.3(a); or (ii) the first installment of the Course Fee in cleared funds, if paying in installments, as per Clause 4.3(b).
3.4 The Contract, comprising the Online Terms, your purchase offer, and the order confirmation email, constitutes the entire agreement between us and supersedes any prior terms and conditions or understandings. You acknowledge not relying on any understanding, representation, warranty, promise, or statement not set out in the Contract.
3.5 Review the details on the order confirmation email upon receipt, and contact us immediately at info@amvivaindia.com if any errors are found.
3.6 Each individual Online Course within an order of multiple Online Courses is considered a separate offer to purchase. Acceptance of one or more Online Courses does not constitute acceptance of any other Online Courses in the order.
3.7 Amviva India reserves the right to refuse acceptance of an offer to purchase one or more Online Courses at its discretion, without providing a reason. In such cases, no contract will be formed, and any payment accompanying the offer will be refunded.
3.8 Before a Contract is formed, Amviva India reserves the right to adjust the advertised Course Fee for an Online Course, amend the Online Course description, or withdraw Online Courses advertised on the Website or in any Brochure.
Payment
4.1 The Course Fee for any Online Course at a given time, along with any additional delivery charges applicable to Course Materials, if any, will be displayed on the Website and/or in a Brochure. Alternatively, you may be notified of these charges by an Amviva India customer services representative.
4.2 All amounts are payable in Indian Rupee and are inclusive of GST. Any currency conversion costs or related charges incurred in making a payment are your responsibility and cannot be deducted from amounts due to Amviva India.
4.3 Unless specified otherwise for a particular Online Course, the Course Fee is payable: (a) as a one-off lump-sum payment with your purchase offer; or (b) in instalments, with payments due at specified times over a set period, as indicated on the Website and/or in a Brochure, or as advised by an Amviva India customer services representative. The first instalment is payable with your purchase offer, and subsequent instalments will be automatically deducted from the debit/credit card used for the first instalment.
4.4 By selecting the instalment payment option per Clause 4.3(b), you agree that: (a) you are responsible for ensuring timely payment of instalments; (b) Amviva India and/or its service providers are authorized to collect instalment payments from the debit/credit card used for the first instalment; (c) you will notify us via email at info@amvivaindia.com if your debit/credit card details change or expire before the next instalment is due; (d) failure to make an instalment payment on time constitutes a breach of the Contract, leading to: (i) loss of the right to pay by instalments, with all outstanding instalment amounts immediately due; and (ii) suspension or cancellation of your access to the Online Course until all remaining instalments are paid in full, without prejudice to any other rights Amviva India may have. (e) unless otherwise agreed in writing, failure to make a payment under Clause 4.4(d)(ii) entitles you to no refund of amounts paid; (f) in case of cancellation per Clause 5.1 or Clause 5.2, you are entitled to a refund of any amount paid prior to cancellation.
4.5 The option to pay the Course Fee in instalments is subject to availability and Amviva India's discretion. Amviva India reserves the right to withdraw this option at any time without affecting existing customers paying by instalments.
4.6 The total amount paid for an Online Course may vary depending on whether the Course Fee is paid in a lump sum or in instalments.
4.7 Payment methods accepted for: (a) lump sum payments include credit cards (Visa, MasterCard, American Express) or debit cards (Visa Electron, Delta, Maestro), and bank transfers arranged directly with us via telephone or email; (b) instalment payments are limited to credit cards (Visa, MasterCard) or debit cards (Visa Electron, Delta, Maestro).
4.8 If your purchase offer is accepted when the displayed Course Fee is incorrect, Amviva India will promptly notify you. If the correct Course Fee is higher, you can decide whether to proceed with the order at the increased fee. If you choose to cancel, a full refund will be provided for any amount already paid. If the correct fee is lower, Amviva India will refund the difference.
CANCELLATION AND DEFERRAL
5.1 Under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”), you may cancel your purchase of an Online Course within 7 working days from the day following the Contract's conclusion, as notified in the order confirmation email from Amviva India. For further details, visit your local Citizens’ Advice Bureau or the Office of Fair Trading website.
5.2 In addition to rights under the Distance Selling Regulations, and subject to Clauses 5.6 and 5.8, Amviva India offers the following refund and deferral policy for Online Courses: (a) You may cancel within 2 calendar days of purchase if you haven't accessed any part of the service or material, with a refund after deducting a 20% administrative fee; or (b) NOT APPLICABLE
5.3 Amviva India may cancel any Online Course at any time before its scheduled end date. In such cases, you are entitled to a pro rata refund of the Course Fee.
5.4 Refunds for cancelled Online Courses will be processed within 28 days of receiving notice of cancellation, minus any applicable delivery charges per Clause 5.5.
5.5 To cancel per Clauses 5.1 or 5.2, email using the contact details provided at the end of these Online Terms. Notice is deemed given according to Clause 18.8.
5.6 No refund is available if cancellation occurs after the period specified in Clause 5.2(a). Statutory rights remain unaffected.
ONLINE COURSE CONTENT AND ACCESS TERMS
6.1 The Online Course description on the Website and/or in any Brochure outlines the course contents.
6.2 Unless specified otherwise, no additional Course Materials or tuition will be provided by Amviva India.
6.3 Upon receiving an order confirmation email, you'll be informed of your access period to the purchased Online Course, unless it's removed.
6.4 Online Course access is personal, and sharing or transferring access rights is not permitted unless agreed otherwise by Amviva India.
6.5 You may incur internet service provider charges and third-party software costs while accessing and/or downloading Course Materials, for which you are responsible.
6.6 Amviva India maintains a zero-tolerance policy toward customer/student misconduct, including abusive behavior toward staff or other customers/students, and dishonest practices. Amviva India reserves the right to refuse service to students engaging in such behavior, without liability or refund.
6.7 IP address monitoring may occur to enforce access rules (per Clauses 6.4, 12.3, and 16.3). Breach of these rules may result in access termination without refund.
MODIFICATIONS TO ONLINE COURSES OR TECHNOLOGY ENHANCEMENTS
7.1 Periodically, Amviva India may implement modifications or enhancements to the Online Courses. Access to such updates will be provided at no additional cost to the extent that they pertain to the Online Course you have purchased.
7.2 Purchasing a current Online Course does not guarantee access to future revised Online Courses as part of the original purchase.
Technical Support and Access
8.1 If you encounter difficulty accessing an Online Course, Amviva India will make reasonable efforts to resolve the issue within its control over the system, software, or settings. However, if the issue stems from your hardware, systems, software, or settings, Amviva India may, at its discretion, offer assistance but cannot guarantee resolution.
8.2 You acknowledge that periods of downtime may be necessary for maintenance of the Website's IT infrastructure, during which technical support may be unavailable. You understand and agree that such downtime does not constitute a breach of contract or entitle you to compensation.
8.3 While Amviva India strives to maintain uninterrupted, timely, and error-free availability of the Online Course, it cannot guarantee uninterrupted access or immediate resolution of defects. Scheduled or emergency maintenance, repairs, or upgrades may require temporary suspension of Website access to improve performance or functionality.
8.4 You also acknowledge that Amviva India is not liable for delays or disruptions to your access to the Online Course due to such suspensions or the following: (a) Internet and World Wide Web operations, including viruses; (b) Firewall restrictions on your network or computer; (c) Telecommunications failures; or (d) Issues with updated browsers.
WARRANTIES
9.1 Amviva India will provide the Course Materials as described in the Online Course description on the Website and/or in any relevant Brochure.
9.2 You are expected to verify that the Online Course and Course Materials meet your requirements. Amviva India does not guarantee any specific outcomes from your use of the Online Course or Course Materials, nor any particular qualification upon completion of the Online Course unless otherwise stated.
9.3 Amviva India does not represent or warrant that the Online Course or Course Materials will be free from errors. 9.4 Amviva India does not guarantee compatibility or operation of the Online Course or Course Materials with your software or hardware.
9.5 Any representations, warranties, or commitments not expressly stated in the Online Terms are excluded to the fullest extent permitted by law.
Limitation of Liability
10.1 The exclusions and limitations of liability in the Online Terms do not apply to a party’s liability for fraud, willful default, death, or personal injury caused by negligence, or where such exclusion is unlawful.
10.2 Except as provided in the Online Terms, Amviva India is not liable for losses resulting from failure to comply with the terms, including: (a) Indirect or consequential losses; (b) Loss of income or revenue; (c) Loss of business; (d) Loss of anticipated savings; or (e) Loss or corruption of data.
10.3 Amviva India is not liable for any data loss during your use of the Online Course or Course Materials, whether from accessing or completing the course via the Website. You are responsible for regularly saving and backing up your data.
10.4 Amviva India's maximum aggregate liability for direct loss in contract, tort, or otherwise arising from the Online Terms, Online Course, Course Materials, or technical support is limited to the amount of the Course Fee paid or payable by you.
10.5 Amviva India is not liable for delays or failures to fulfill obligations under the Online Terms due to causes beyond its reasonable control. This provision does not affect your statutory rights.
10.6 Each provision in this Clause 12 shall be construed separately. If any part is deemed unreasonable, inapplicable, or unenforceable, it shall be modified as necessary to be valid and effective.
Disclaimer The Online Courses are intended for training purposes only. Amviva India assumes no responsibility for any use of the Online Course or Course Materials beyond educational training, including providing advice to third parties.
Intellectual Property
12.1 Amviva India and/or its licensors retain ownership of the intellectual property in the Online Courses and Course Materials. Except as specified, no part of the Online Course or Course Materials may be reproduced, stored, or transmitted without prior written permission.
12.2 Upon payment of the Course Fee, Amviva India grants you a non-exclusive, non-transferable license to access the Online Course and use the Course Materials for studying purposes only. Use of Online Study Materials is limited to individual students.
12.3 Except as expressly permitted or agreed by Amviva India, you may not modify, copy, reproduce, sublicense, sell, upload, transmit, or distribute the Online Course or Course Materials. Unauthorized use constitutes infringement of Amviva India's intellectual property rights.
Data Protection
13.1 Amviva India processes information in accordance with the Online Terms and its privacy policy. By using the Website, you consent to the use of your information as outlined in the privacy policy.
13.2 To opt out of marketing correspondence from Amviva India, send a written request or email to the contact details provided in Clause 17.
Changes by Us
Online Course descriptions are indicative of planned objectives and do not form part of the Contract. Amviva India will make reasonable efforts to provide the Online Course as described.
Inconsistency of Terms
In case of conflicts between the Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions, and the Terms and Conditions of Website Use, priority shall be given in the following order:
Additional Online Terms and Conditions;
Terms and Conditions of Online Courses; and
Terms and Conditions of Website Use.
GENERAL
16.1 Amviva India reserves the right to recover reasonable debt collection costs.
16.2 Amviva India may update the Online Terms without notice to comply with legal requirements or business needs. Updates will be posted on the Website.
16.3 You may not assign your rights or obligations under the Online Terms without Amviva India's consent.
16.4 Amviva India may assign its rights or obligations under the Online Terms at its discretion.
16.5 Failure to exercise any right or remedy does not waive it unless agreed in writing by Amviva India.
16.6 If any provision is deemed illegal or unenforceable, the remainder of the Online Terms shall remain in effect.
16.7 Notices to you will be deemed served if emailed or posted to the provided address. Notices to Amviva India must be sent to the address in Clause 17.
16.8 Notice by post is deemed given upon posting, and by email upon sending.
16.9 The Contract is in English only.
16.10 The Contract is not intended for the benefit of third parties under the Contract (Rights of Third Parties) Act 1999.
16.11 The Online Terms are governed by Indian law, and disputes shall be settled in Indian courts.
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