Terms

1. Definitions

Company: 361DM (Threesixtyone Degree Minds Consulting Private Limited), who is offering the program or course.

Program: (or Course) A set of learning sessions and accessories available to a learner to access online (via the web) and complete according to the performance requirements by the Company in a stipulated time duration.

Applicant: A person who wishes to enroll for a program or course offered by the Company by completing its Registration steps.

Learner: A person who is enrolled for a course or program offered by the Company.

User: A term used for an applicant and/or a learner, to whomsoever the particular condition/statement is applicable.

Event: A workshop or seminar or activity conducted by the Company for education, awareness creation, testing, or similar purposes, whether on charge or free of charge.

Registration: The act of filling in a Registration Form meant for the program or course, which could be done either online or in paper form, as the current practice may be.

Fee: Amount of money payable and/or paid by an applicant or learner for going through the program or course, including any relevant miscellaneous expenses specified by the Company.

Payment: The act of paying fee for accessing and using a program or course, usually after Registration, either online through the Company’s payment gateway, or by depositing an instrument (Cheque / Demand Draft / Pay Order) in the Company’s specified bank account, or handing over the payment instrument or cash at the specified Company center.

Enrolment: The act of completing the Registration and Payment of fee for a program or course as per the payment terms applicable. Also, the license or right granted to the learner to access and use the program.

Learning space: The set of pages containing learning sessions and support, which the learner will be able to view, navigate through, and use, after he/she logs in as ‘learner’ in the Company’s website.

Account: User’s records (personal information, performance data etc) stored in any form with the Company

Online Identity: The unique combination of username, PIN and key that are assigned to a user, through which he/she is identified by the system as a particular learner.

Commencement date: The date on which user will be able to start accessing and using the program.

Certificate: A proof issued by the Company in learner’s name that the learner has completed the program as per the standards of performance set by the Company.

2. Fee and payment

Program fees should be paid by the user or anybody on behalf of the user in full before the program commences, unless the Company has permitted any deviations in writing.

Any program fee displaying in the Company’s online payment facility is for guidance only. It is the user’s liability to pay correct and current fee as confirmed by the authorized personnel of the Company in order to enroll for the program.

All payments made for program, whether through the Company’s online payment facility, or through a valid payment instrument, or cash, must be made in Indian Rupees only. Otherwise, any charges incurred in processing the payment or any currency conversion costs or cheque bouncing charges or outstation cheque collection charges or other such connected charges shall be borne by the user or his/her representative making payment on the user’s behalf.

Program fee collected by the Company is subject to current taxation rules as applicable in the country of India.

Program fee collected in part or whole by the Company is non-refundable even under circumstances like withdrawal of enrolment by the user or termination/cancellation of the enrolment by the Company, unless permitted by the Company in writing as a special case. Refunds for such special cases shall be made to the card account or bank account from which the payment was originally made in case of online payments, or vide a crossed cheque favouring the payee. No refunds will be made in cash.

3. Online payment security: The Company shall not be liable for damages or loss of any kind if the online payee fails to exercise caution and/or follow security rules and/or protect the information/data from leaking to others, or inputs data obtained from others for making the online payment.

4. Enrolment exclusivity: The user is assigned a unique and limited license in the form of a Username and Key to access and use the program over the web for the period of program duration for which the applicable fee has been paid. It is the duty and responsibility of the user to protect his/her online identity from voluntary or accidental disclosures to any other persons before program commencement, in the program duration, and after program completion. The Company will not be liable for any consequences that arise from such disclosures or negligence on the part of the user.

If the Company decides to assign a new online identity to the user upon his/her request, it will be considered a new enrolment, and all rules, terms and conditions of a fresh enrolment will apply to it. The program will commence from the beginning, and all earlier work done or data input by the user in the program under the earlier (exposed) identity will be lost forever, which the Company is not liable to restore or waive off for the purpose of certificate issuance or considering the program as ‘completed’ by the user.

5. Non-transferability: User will not allow access or usage of the program in any way to another person using his/her assigned online identity, or transfer his/her enrolment and/or certificate to another person, whether free of charge or for monetary consideration of any kind, before, during, or after the program duration, temporarily or permanently. If the Company learns about such violations, enrolment(s) of the user and any other users concerned shall be cancelled / terminated immediately. No fee refund requests will be entertained in the matter.

The Company will have the right to refuse or deny the persons concerned to avail of any services or programs offered by the Company for as long the Company wishes to.

6. Cancellation & termination: The Company in its sole discretion has the right to refuse or cancel or terminate registration or enrollment of any user at any time without providing an explanation, and refuse any or all current or future access to their learning programs or services. Such cancellation or termination will result in the deactivation and/or deletion of the user’s account, and/or denial of its access to the user, and/or forfeiture and relinquishment of all content in the user’s account, and the user will have no rights of ownership whatsoever over the contents of the account.

7. Program access and usage: By way of enrolment the user will have a right to access and use, for the intended learning purpose under the program, all features and support that are meant for / available in the learning space that would be visible to the user after logging into his/her learning space, and to the extent of fee paid if there are any such linkages between fee paid to the features accessible, from the commencement date which will be intimated to the user in his/her email ID.

The user or user’s representative will have no right to demand or persuade the Company to provide access to any additional features or support, technical or non-technical, outside the purview of the program that the user is enrolled for and paid for. This right of access and usage does not amount to any ownership rights, partially or wholly, on the part of the user.

8. Ownership: All rights and titles including copyrights and other intellectual property rights in the program in print and machine readable form belong to the Company. No one else including the user has any ownership on any part of the program or copies thereof. All the material and work submitted by the user, and data arising out of user’s performance during the program, is the sole property of the Company, and the user will not have any ownership rights on it in part of whole.

The user or any other person is strictly not permitted to download or store or copy or reproduce or transmit or distribute or display or share with others or print or publish or reuse or modify or adapt or translate or create derivative works from the contents and visual layouts contained in the program in all forms like lessons, assignments, tasks, reports, learning features, technology features and all.

The user or any other person is not permitted to remove or disfigure the website or obscure the copyright, trademark or other notices contained in the program.

9. User Privacy: The data or information related to the user’s identity and/or his/her performance in the program, which resides with the Company, will be used only for academic and research purposes, for purposes of database, performance benchmarking, and such, but will not be sold to a third party for monetary consideration whatsoever. However, under extraordinary circumstances, the Company will be obliged to share the user’s identity with legal and/or regulatory authorities if stipulated by them.

10. User obligation: User of any program agrees that all data/information provided to the Company during Registration and subsequently in any form, is accurate and true to his/her knowledge, and that he/she understands that if the Company learns about the user providing any incorrect/false data/information intentionally or accidentally, his/her registration and/or enrolment will be cancelled/terminated immediately. The Company shall not be held responsible for any inconvenience/loss resulting from incorrect entry of details by the user or his/her representative.

The user is entirely responsible for all activities that occur under his/her account, and is obligated to watch over and protect against unauthorized or unlawful use of or access to the program, and notify the Company immediately about any unauthorized use of his/her account or any breach of security.

The Company has created a technology to provide a virtual, interactive learning space to all its users across all programs. While the user is logged in to his/her learning space, he/she will become aware of other users who are logged into their respective learning spaces (online). The user is expected to maintain decent code of conduct with other online users by not causing disturbance or disruptions to their learning process or work, and obliged not to share/disclose any data/information pertaining to another user’s account to other users or anyone else. If such violation is reported against the user, his/her enrolment will be cancelled / terminated by the Company.

11. Certification: Certificate(s) will issued by the Company in the name of the user at its sole discretion, based on specific conditions being met by the user, like completion of all lessons and work assigned, completion within stipulated time, meeting performance standards, user’s acceptable conduct and such, as may be fixed by the Company before completion of the program’s stipulated maximum duration. The certificate may be issued in electronic or paper form as may be decided by the Company.

12. Limited warranty: The Company provides to the user all relevant and important information about technical requirements for smooth running of the program at instances of selling and commencement of the program. The Company deduces that if the user has enrolled for the program, he/she has done so after reading, understanding, and accepting the requirements, and the user or anybody else cannot claim ignorance about such information afterwards.

The Company does not make any promise about commencement date of a program for any user. The Company has the sole discretion to decide on the commencement date for a user, which will be after considering several factors, and the user will be intimated about his/her particular commencement date in his/her email ID and also displayed to the user when he/she logs into his/her learning space. The Company shall try in all good faith to fix the commencement date as close as possible to the enrolment date, but cannot be forced by the user or his/her representatives to commence the program on a certain date.

The Company will make all attempts to the best of their abilities to maintain and keep in functional condition, the technical and non-technical aspects that contribute to smooth and uninterrupted access to and usage of the program by its users. Although the Company intends to provide the user 24×7 access to and usage of the program via the internet/web, except for regularly scheduled downtime periods, the Company reserves the right to change its availability policy from time to time, and does not guarantee that the program will be uninterrupted at all times.

Access to and usage of the program as received remotely by the user is a factor of technical aspects/features like processor speed, internet speed, headphone or speaker quality etc. at the user’s end, and hence, to that extent, lies outside the purview of the Company’s liability/responsibility.

13. Miscellaneous:

The Company has entered into an Agreement of use with a reputed and secured online payment gateway – E-billing Solutions Pvt Ltd (EBS). The user or his/her representatives cannot raise a dispute with the Company that contradicts or challenges any of the clauses of the Agreement with EBS.

User or his/her representatives will indemnify and hold harmless the Company and its licensors or suppliers or business partners against any and all judgments, settlements, penalties, costs and expenses (including attorneys’ fee) paid or incurred in connection with claims due to, resulting from or arising in connection with the user’s actions or negligence, including but not limited to those attributable to any breach of this agreement or any infringement, misappropriation or violation of any copyrights, intellectual property rights or other proprietary rights of any third party.

The user or any of his/her representatives will not enter into any agreements apart from this one, with any of the Company’s suppliers, business partners, and vendors, unless initiated in writing by the Company.

The Company may change from time to time the above Terms and Conditions including any the additional terms and conditions. All current users of the Company’s programs will be notified in their learning space of any such changes. Continued use by the user of the programs following the change notification will constitute acceptance of the change by the user.

The user or his/her representatives agree that this Agreement shall be governed by the laws of the State of Tamilnadu, India, and any dispute arising under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction located in the state of Tamilnadu, India, and agree to submit to personal jurisdiction in the State of Tamilnadu for that purpose.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the Company and the user, and the remainder of this Agreement shall continue in full force and effect.

This agreement supersedes and replaces any previous or present written or oral agreements and communications relating to the program.