These Terms & Conditions (“Terms”
or “Terms of Use”) are between Apex I Sys for Advanced Skill and Research
Private Limited (along with its successors, subsidiaries, permitted assignees,
management, support/sales team, employees, consultants and all persons claiming
through them and under them and referred to as the “Company”, “Apex I Sys”,
“us”, “we”, or “our'') and its Users and/or its Minor Users (referred to as
“you” or “yourself”). These Terms define the relationship between you and Apex
I Sys in accessing our Services via our Platform and/or at our Offline Centres.
By clicking on the “Agree” button you (on behalf of yourself and/or a Minor
User) agree to these Terms which will bind you and/or the Minor User. If you do
not agree to these Terms you and/or the Minor User must cease to continue to
purchase any Services from us. These Terms apply to all Users and/or Minor
Users of our Services including on our Website, and without limitation also
applies to Users and/or Minor Users who are browsers, vendors, and/or Users,
and our employees and consultants. The expression “YOU” shall mean the
Users/beneficiaries and/or Minor Users of our Services, including, without
limitation all persons including our employees and consultants who create and /
or make available Course / Course Material on the Platform and users who access
the Platform to purchase any Service or users who access the Platform otherwise
such as the users who are browsers, vendors, Users and/or Minor Users, and our
employees and consultants.
Any new feature or tool which is added
to the current Website or Services shall also be subject to these Terms. We
also provide details regarding our processing of personal data of our Users
and/ or Minor Users, and employees and consultants in our Privacy Policy.
In all cases, you (on behalf of
yourself and/or a Minor User) agree that no separate act is required to make
the Privacy Policy, the Placement Policy or the Terms binding on you and/or a
Minor User, and that your and/or a Minor User’s act of downloading,
registering, accessing, purchasing or using any part of the Website or Services
constitutes your (on behalf of yourself and/or a Minor User’s) full and final
acceptance of the Privacy Policy, the Placement Policy, and the Terms. You (on
behalf of yourself and/or a Minor User) agree and acknowledge to be bound by,
and liable under, the Privacy Policy, the Placement Policy and the Terms. If
you (on behalf of yourself and/or a Minor User) do not agree with the Privacy
Policy, the Placement Policy and/or the Terms, please do not use the
Website/Services. These Terms constitute an electronic record in accordance
with the provisions of the Information Technology Act, 2000 and the Information
Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules,
2021 there under, as amended from time to time.
Please read the Terms, Placement Policy
and Privacy Policy carefully before using, registering or accessing our Website
and Services. In the event of any discrepancy between the Terms and any other
policies with respect to our Website or Services, the provisions of these Terms
shall prevail.
In these Terms, the following words and expressions, unless inconsistent
with the context, shall bear the meanings assigned hereto:
a.
Confidential Information – means all information provided by one party to the
other in written, graphic, recorded, machine-readable or another form
concerning the business, clients, suppliers, finances and other areas of the
other party’s business or products, including, without limitation, the Course
Materials, except information that is publicly known through no wrongful act or
omission of the User and/or the Minor User or any information already in the
possession or control of the disclosing party.
b. Course – means our programs offered
remotely through either our Platform, pre-recorded multimedia and audio-visual
content, live streamed classes on third party applications and/or our programs
offered physically at our Offline Centres.
c. Course Material – means the
information provided by Apex I Sys to accompany a Course as part of the
Services which is available on our Platform and includes assessment tests and
examinations.
d. Intellectual Property
Rights –means copyright, rights in or relating to databases, patent rights,
performers’ rights, designs and registered designs, trademarks, rights in or
relating to Confidential Information, and other intellectual property rights
(registered or unregistered) throughout the world.
e. Job Assistance Program – means the
Service described in Clause 13(b) of these Terms.
f. Job Guarantee Program - means the Service described in Clause 13(c)
of these Terms
g.
Legal Actions and Notices - means any notice or other communication to be given
hereunder will be in writing and given by registered post only.
h.
Minor User - means a User of our Services, who is a child or a minor (i.e. a
natural person below the age of 18 (eighteen) years).
i. Offline Centre - means a physical
premises operated by Apex I Sys to deliver offline classes.
j.
Placement Policy - means Apex I Sys’s placement policy as set out in Clause 13
of these Terms.
k.
Platform - means the Website and any other feature or tool provided and
operated by Apex I Sys INSTITUTIONS, including any application that may be
launched by Apex I Sys.
l.
Pricing and Promotional Policy – means the policy governing the pricing of and
promotions related to the Courses offered on the Platform.
m.
Privacy Policy means Apex I Sys’s privacy policy available at.
n.
Services means the provision of the Course and/or the Course Material together
with such other services as agreed from time to time and purchased by you (on
behalf of yourself and/or the Minor User) and availed remotely through either
our Platform, pre-recorded multimedia and audio-visual content, live streamed
classes on third party application and/or physically at our Offline Centres.
o.
Support System Refers to the different processes that Apex I Sys follows to
resolve User and/or Minor User queries and includes but are not limited to
one-on-one and group doubt clearing sessions through phone call, e-mail, third
party text, audio and video communication applications, or physically at our
Offline Centres.
p.
Terms means these Terms and Conditions of Apex I Sys.
q.
User (or “you”, “your”, “yourself”) refers to any individual who is a natural
person aged 18 (eighteen) years or above, and who is competent and capable of
contracting within the meaning of the Indian Contract Act, 1872 and accesses
our Website and/or purchases the Services. Such an individual, where
applicable, includes the parent/legal guardian or any other authorized
individual who facilitates the use of the Services for a Minor User.
r.
Website means http://www.apexisys.com/
a.
When you and/or a Minor User enroll in our Course, you and/or the Minor User
get a license from us to view/access it, depending on the specific program via
the Platform, through live streamed classes on third party applications and/or
physically at our Offline Centres and for no other use. You and/or a Minor User
are hereby expressly barred from transferring or reselling Courses in any way.
b.
Our Course Material is only licensed to you and/or a Minor User and is not sold
to you and/or a Minor User. The license granted to you does not give you and/or
the Minor User any right to transfer or resell the Course Material in any
manner (including by sharing account information with a purchaser or
downloading the Course Material and sharing it on third-party sources). Apex I
Sys grants you as a User and/or a Minor User, a limited, non-exclusive,
non-transferable license to access and view the Course Material and associated
content for which you (on behalf of yourself and/or the Minor User) have paid
all required fees, solely for your personal, non-commercial, educational
purposes through the Services, in accordance with these Terms and any
conditions or restrictions associated with a particular Course or feature of
our Services. All other uses are expressly prohibited. You and/or the Minor
User may not reproduce, redistribute, transmit, assign, sell, broadcast, rent,
share, lend, modify, adapt, edit, create derivative works of, sub-license, or
otherwise transfer or use any Course Material unless we give you (for yourself
or on behalf of a Minor User) explicit permission to do so in a written
agreement signed by a Apex I Sys authorized representative.
c. The Course Material
may be accessed by you and/or the Minor User through our Platform only
irrespective of the Course being delivered remotely or physically. We reserve
our right to revoke any license to access and use Course Material at any point
in time, in the event where we decide or are obligated to disable access to a
Course due to legal or policy reasons, for example, if the Course you and/or
the Minor User enrolled in is the object of a copyright complaint, or if we
determine its content violates our Terms and policies. The lifetime access is
not applicable to add-on features and Services associated with a Course, for
example, translation captions of Courses may be disabled by Apex I Sys at any
time, and Apex I Sys may decide at any time to no longer provide Support System
in association with a Course. To be clear, the lifetime access is only to the
Course content and not to add-on features and Services associated with a
Course.
d.
You and/or a Minor User will need an account to purchase and enrol in a Course.
You (on behalf of yourself or the Minor User) shall be solely responsible for
all activity associated with your and/or the Minor User’s account either done
by yourself, the Minor User or someone using your and/or the Minor User’s
account without your permission. If you suspect someone else is using your
and/or the Minor User’s account, it is your duty (on behalf of yourself or the
Minor User) to inform us by contacting our support team at
info@apexisys.com. We may request some information from you (on behalf of
yourself and/or the Minor User) to confirm that you and/or a Minor User are
indeed the owner of your account.
e.
When registering, setting up and maintaining your account or that of a Minor
User, you agree and acknowledge to provide and continue to provide accurate and
complete information, including a valid email address and the Company does not
have the responsibility to ensure or verify that you and/or the Minor User
conform to eligibility criteria, wherever applicable. You (on behalf of
yourself and/or the Minor User) shall not transfer or assign your and/or the
Minor User’s account to someone else or use someone else’s account without
their permission. If you (on behalf of yourself and/or the Minor User) contact
us to request access to an account, we will not grant you such access unless
you can provide us with the login credential information for that account. In
the event of the death of a User and/or the Minor User, the account of that
User and/or a Minor User will be closed.
f. Important note to Minor Users Every
Minor User should seek the prior consent and agreement of their parents/legal
guardians to these Terms, the Placement Policy and the Privacy Policy before
providing any information about themselves, their parents and/or other family
members and before accessing or using the Platform/Website/Services. If you as
a Minor User, are using our Services without a parent or legal guardian’s
consent, please immediately stop using our Services until one of your parents
or legal guardians has approved and provided their informed consent to your
usage of our Services in accordance with the Terms, the Placement Policy and
the Privacy Policy.
g. Important note to parents and legal
guardians
1. If you have the ability to enter
into a legally binding contract under applicable laws and you register,
purchase, approve, and/or consent to the usage of the Services by a Minor User
or facilitate the use of our Services for a Minor User, you represent and
warrant that you are such Minor User’s parent or legal guardian, and you agree
to be bound by these Terms, the Placement Policy and the Privacy Policy on
behalf of such Minor User, including without limitation, being liable for all
use of the Services by the Minor User and that no separate act is required to
make these Terms, the Placement Policy and the Privacy Policy binding on you,
and that you and/or the Minor User’s act of downloading, registering,
purchasing, and/or using the Services constitutes your complete acceptance of
these Terms, the Placement Policy and the Privacy Policy, on behalf of such
Minor User.
2. You agree and acknowledge that the
use of the Services by a Minor User will be undertaken pursuant to your consent
and knowledge and under your supervision. In other words, wherever applicable,
in the event a Minor User utilises the Services, it is assumed that such Minor
User has obtained your consent, i.e. the consent of their parent/legal
guardian.
3.
Further, you hereby covenant that you will cause the Minor User to use the
Services strictly in accordance with these Terms, Placement Policy and Privacy
Policy, and all terms contained herein shall be enforceable against you and you
shall be responsible for all losses or liabilities incurred by the Company due
to any breach of these Terms, Placement Policy and Privacy Policy by the Minor
User. You hereby acknowledge that the Company may choose, but is not obligated,
to make any inquiries, either directly or through third parties, that the
Company deems necessary to validate your information and status as a parent or
a legal guardian, unless required under applicable laws. NOTWITHSTANDING THE
FOREGOING, YOU ACKNOWLEDGE THAT THE COMPANY CANNOT GUARANTEE THE ACCURACY OF
ANY INFORMATION SUBMITTED BY ANY USER (INCLUDING A MINOR USER) AND THE COMPANY
IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM
TO BE A PARENT OR A LEGAL GUARDIAN, OR TO VERIFY THAT A PARENT OR THE LEGAL
GUARDIAN IDENTIFIED BY A MINOR USER DURING REGISTRATION OR USAGE IS SUCH MINOR
USER’S ACTUAL PARENT OR LEGAL GUARDIAN. A USER ACCOUNT, ALONG WITH ALL
ASSOCIATED MINOR USER ACCOUNTS, IF ANY, MAY BE TERMINATED BY THE COMPANY AT ANY
TIME AND WITHOUT WARNING FOR ANY FAILURE TO ABIDE BY ANY OF THESE TERMS.
h.
You and/or a Minor User can terminate your account at any time after due
intimation to our support team and by following the procedures as indicated by
our support team. Please check our Privacy Policy to see what happens when you
terminate your and/or the Minor User’s account.
i.
Course pricing and related information is listed on the Website and / or other
third-party platforms for each Course and is subject to changes without notice.
The prices of Courses on Apex I Sysare determined based on our Pricing and
Promotional Policy. If you and/or a Minor User are logged into your and/or the
Minor User’s account, the listed currency you and/or a Minor User see is based
on your and/or a Minor User’s location when you (on behalf of yourself and/or
the Minor User) created your and/or the Minor User’s account. If you and/or the
Minor User are not logged into your and/or the Minor User’s account, the price
currency is based on the country where you and/or a Minor User are located. We
do not enable Users and/or Minor Users to see pricing in other currencies. If
you are a User and/or Minor User located in a country where use and sales tax,
goods and services tax, or value-added tax is applicable to consumer sales, we
are responsible for collecting and remitting that tax to the proper tax
authorities. When you (on behalf of yourself and/or a Minor User) make a
purchase, you agree not to use an invalid or unauthorized payment method. If
your payment method fails and you and/or the Minor User still get access to the
Course you and/or the Minor User are enrolling in, you (on behalf of yourself
and/or a Minor User) agree to pay us the corresponding fees within 30 (thirty)
days of notification from us. We reserve the right to disable access to any of our
Services including any Course for which we have not received adequate payments.
j.
We use third-party payment gateways and/or aggregators to process payments
applicable to the Services including the Courses offered by us. Similarly, we
have also enabled integration of third-party payment providers including
without limitation the third-party credit facility providers to facilitate
better payment options to you (on behalf of yourself and/or a Minor User),
which may vary depending on your and/or the Minor User’s location. Third-party
payment gateways/aggregators, third-party credit facility providers, digital
lending apps/platforms, lending service providers, financial services
intermediaries, or any other third-party facilitating financing and/or payment
related services shall collectively be referred to as “Third-Party Service
Providers”.
k.
Third-Party Service Providers may also charge you (on behalf of yourself and/or
a Minor User) fees to use or access their services and may require your and/or
a Minor User’s Personal Information (as defined in the Privacy Policy) to
complete any transaction on the Platform and/or at our Offline Centres.
Further, to facilitate completion of your (on behalf of yourself and/or a Minor
User) payments to us through the Platform or avail the payment options provided
to you, you may be redirected to an external website operated by the
Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy
of the privacy and security practices employed by or the content and media
provided by the Third-Party Service Provider or its respective websites; or
(ii) control collection or use of your and/or a Minor User’s Personal
Information (as defined in the Privacy Policy) by such Third-Party Service
Provider. Hence, prior to using any services offered by a Third-Party Service
Provider, we suggest that you (on behalf of yourself and/or a Minor User) read
their terms and conditions, privacy policy and other policies, that may apply,
to understand their terms of usage and to understand how your and/or a Minor
User’s Personal Information (as defined in the Privacy Policy) is being
processed. Apex I Sys is not affiliated to any Third-Party Service Provider and
neither Apex I Sys nor any of the Third-Party Service Provider are agents or
employees of the other.
l. Further, pursuant to the payment option
you (on behalf of yourself and/or a Minor User) may choose, you (on behalf of
yourself and/or a Minor User) may be required to enter into a separate
agreement with the relevant Third-Party Service Provider. The agreement with
the Third-Party Service Provider is an independent contract or agreement
between you (on behalf of yourself and/or a Minor User) and such Third-Party
Service Provider and Apex I Sys is not privy to any agreement or arrangement
you (on behalf of yourself and/or a Minor User) may enter into with them. You
(on behalf of yourself and/or a Minor User) will be bound by the terms and
conditions of your agreement or arrangement with such Third-Party Service
Provider and Apex I Sys not in any way be liable or responsible for or in
relation to any such arrangement. Apex I Sys is only facilitating various
payment options to you (on behalf of yourself and/or a Minor User) and is not
offering any payment or loan by itself in any manner.
m.
You (on behalf of yourself and/or a Minor User) agree that you are solely
responsible for all charges that occur through such Third-Party Service
Providers and acknowledge and agree to indemnify, defend, and hold harmless Apex
I Sys, its affiliates, their respective officers, directors, employees, and
agents from any loss arising out of or related to the use of the Platform or
any purchases made through the Platform. This obligation will survive your
and/or a Minor User’s use of our Services and termination of your Agreement
with us. For purposes of these Terms, “Loss” means all losses, liabilities,
damages, awards, settlements, claims, suits, proceedings, costs, and expenses
(including reasonable legal fees and disbursements and costs of investigation,
litigation, settlement, judgment, interest, and penalties). Apex I Sys shall
not be liable to you and/or a Minor User for any claims arising out of any act
or omission on the part of the Third-Party Service Provider(s) including, but
not limited to, any lost, stolen, or incorrectly processed payments. Apex I Sys
expressly disclaims any responsibility and liability for all services provided
by the Third-Party Service Provider(s).
All Course purchases are NON-REFUNDABLE and Vigna InfoTeck shall not be obligated to entertain or accept any refund requests for any kinds of payments made (including, whether pre-booking, instalments or full payments).
n.
You and/or the Minor User shall only use Apex I Sys for lawful purposes. We
reserve the right to disable, deactivate, suspend and/or ban your account
and/or access to any Course, Platform and/or the Services in the event you
violate applicable local or national laws or regulations or are in repeated or
serious violations or breach of these Terms, Privacy Policy and Placement
Policy.
o.
As mandated by the Information Technology (Intermediary Guidelines and Digital
Media Ethics Code) Rules, 2021 and to the extent it is applicable to these
Terms and the Privacy Policy, Apex I Sys hereby informs you and/or the Minor
User that, in the use of the Services, you and/or the Minor User are not
permitted to host, display, upload, send, modify, publish, transmit, update or
share any information, that:
1.
belongs to another person and to which you do not have any right;
2.
is obscene, pornographic, paedophilic, libellous, invasive of another’s
privacy, including bodily privacy, hateful, harassing on the basis of gender,
racial or ethnically objectionable, relating to or encouraging money laundering
or gambling, or promoting enmity between different groups on the grounds of
religion or caste with the intent to incite violence;
3.
is harmful to child;
4.
infringes any patent, trademark, copyright or other proprietary rights;
5.
deceives or misleads the addressee about the origin of the message or knowingly
and intentionally communicates any misinformation or information which is
patently false and untrue or misleading in nature;
6.
impersonates another person;
7.
contains software viruses, or any other computer code, files or program
designed to interrupt, destroy or limit the functionality of any computer
resource;
8.
violates any law for the time being in force.
p.
Apex I Sys has discretion in enforcing these Terms. We may terminate or suspend
your and/or the Minor User’s permission to use our Platform and Services or ban
your account at any time, with or without notice, for any violation of these
Terms, if you (for yourself and/or the Minor User) fail to pay any fees when
due, for extended periods of inactivity, for unexpected technical issues or
problems, or if we suspect that you and/or the Minor User engage in fraudulent
or illegal activities. Upon any such termination, we may delete your and/or the
Minor User’s account and content, and we may prevent you and/or the Minor User
from further access to the Platforms and use of our Services. Your and/or the
Minor User’s content may still be available on the Platforms even if your
and/or the Minor User’s account is terminated or suspended. You (on behalf of
yourself and/or the Minor User) agree that we will have no liability to you, to
the Minor User or any third party for termination of your and/or the Minor
User’s account, removal of your and/or the Minor User’s content, or blocking of
your and/or the Minor User’s access to our Platforms and Services.
The Support System provided by Apex I Sys should be strictly used only for getting help with the materials discussed in the Course. The Support System shall not be provided for side projects or assignments that the User and/or the Minor User might work on in their individual capacity. The duration of the support will depend on the plan that you (on behalf of yourself and/or the Minor User) have purchased. If you (on behalf of yourself and/or the Minor User) miss to make payments then access to the Support System will be cut off. If the User and/or Minor User is caught sharing videos, notes, programs, and other digital content that is owned by Apex I Sys then appropriate legal actions would be taken and the User (on behalf of themselves and/or the Minor User) has to bear all the associated costs.
For certain Courses, Apex I Sysprovides
legal software licenses for the Users and/or Minor Users to practice. The
license for the Course Material will be available only for the duration of the
Course and must be used only for learning the Course for which the license was
provided. The use of these licenses for commercial activities will result in an
immediate loss of access to the Course, the Support System, and any
certificates. Commercial use of the Courses by the User and/or the Minor User
will also lead to legal prosecution. APEX I SYS’ RIGHTS
q. We own the Platform and Services,
including the Website, present or future applications and Courses, Course
Material, our logos, API, database, code, and content created and/or delivered
by our employees, consultants. You and/or a Minor User cannot tamper with those
or use them without authorization.
r.
All right, title, and interest in and to the Platform and Services, including
our Website, our existing or future applications, our logos, APIs, databases,
code, and the content our employees or partners submit or provide through our
Services are and will remain the exclusive property of Apex I Sys. Our
Platforms and Services are protected by copyright, trademark, and other laws.
Nothing gives you and/or a Minor User a right to use the Apex I Sys name or any
of the Apex I Sys trademarks, logos, domain names, and any other Intellectual
Property Rights.
s.
You and/or the Minor User may not do any of the following while accessing or
using the Platform and Services:
1. Access, tamper with or use
non-public areas of the Platform, Apex I Sys’s computer systems, or the
technical delivery systems of Apex I Sys’s service providers.
2. Disable, interfere with, or try to
circumvent any of the features of the Platform related to security or probe,
scan, or test the vulnerability of any of our systems.
3. Copy, modify, create a derivative work of, reverse engineer, reverse
assemble, or otherwise attempt to discover any source code of or content on the
Apex I Sys Platform or Services.
4.
Access or search or attempt to access or search our Platform by any means (automated
or otherwise) other than through our currently available search functionalities
that are provided via our Website, mobile apps, or API (and only pursuant to
those API terms and conditions). You may not scrape, spider, use a robot or use
other automated means of any kind to access the Services in any way use the
Services to send altered, deceptive, or false source-identifying information
(such as sending email communications falsely appearing as Apex I Sys), or
interfere with, or disrupt, (or attempt to do so), the access of any User
and/or Minor User, host, or network, including, without limitation, sending a
virus, overloading, flooding, spamming, or mail-bombing the Platforms or
Services, or in any other manner interfering with or creating an undue burden
on the Services.
t.
Unauthorized attempts to hack, copy, upload or change information, or otherwise
cause harm/damage to the Services and/or any User/Minor User of the Services,
is strictly prohibited and may be punishable under applicable law.
u.
For Website security purposes, and to ensure that the Service remains available
to all genuine human Users and/Minor Users and to genuine businesses and
organizations that have the consent of Apex I Sys, all network traffic is monitored.
v.
If a User (on behalf of themselves and/or a Minor User) disagrees with these
Terms, then that User and/or Minor User should not use this Website.
w.
Apex I Sys reserves the right, at its sole discretion, to restrict or block the
access of a User and/or a Minor User, and/or to suspend or terminate the
account of a User and/or a Minor User, and/or to remove or delete any
information/content posted, uploaded or displayed by a User and/or a Minor
User, and/or to deny a User and/or a Minor User’s future access to the Platform
and/or the Service, or any part thereof, with or without notice and for any
reason whatsoever, and shall have no liability or responsibility to the User
and/or a Minor User in any manner whatsoever if it chooses to do so.
x.
The Platform, Services, Course and Course Material are provided on an “as is”
basis without warranties of any kind, either express or implied. For all Users
and/or a Minor Users as well as any entities or third parties mentioned or
displayed anywhere on this Platform or as part of the Services, Apex I Sys expressly
disclaims all liability for errors and omissions in the contents of this
Platform or as part of its Services, or any inaccuracies, falsehoods,
defamation, slander, libel, discriminatory terminology, obscenity, pornography
or profanity you and/or a Minor User may encounter or any interpretation of
such that you and/or a Minor User may make. APEX I SYS disclaims all warranties,
express or implied, including, without limitation, implied warranties of
merchantability, fitness for a particular use or purpose, title and
non-infringement with respect to the Platform, Services, Course and Course
Material. Apex I Sysfurther does not warrant that the Website, the Services,
access to the Course or Course Material 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, access to the Course or Course Material. As a
provider of interactive online and offline Services such as, but not limited
to, job boards, school ad listings, public forum boards, or banner
advertisements, Apex I Sys is not liable for any words, terminology,
statements, representations, images, visuals or content provided by or viewed
by a User and/or a Minor User. The information and images displayed therein are
provided in good faith, but we make no guarantees about the completeness,
accuracy, timeliness, availability, accessibility, merchantability,
appropriateness, or fitness for any particular purpose of any of the
information, images or visuals.
y.
The User (on behalf of themselves and/or the Minor User) accepts that the use
of this Platform and of our Services is at the User’s/Minor User’s sole risk.
The User (on behalf of themselves and/or the Minor User) is aware and
voluntarily and wholly accepts that your and/or the Minor User’s use of this
Platform, of our Services or any other Apex I Sys website or application is
always entirely and exclusively your own responsibility. Apex I Sys accepts no
responsibility for your and/or the Minor User’s use of this Platform and of our
Services, or for anyone else’s (including any advertiser’s) use of it. Apex I
Sys accepts no responsibility for any injury, loss, penalty, claim, damage, or
interpretation arising out of or in any way connected with this Platform and/or
our Services which includes, but is not limited to, the content, information or
entities/third parties/advertisers displayed here, the usage of cookies or
collection of data/information by this Platform and/or our Services or by
entities/third parties/advertisers displayed here. By accessing, browsing, or
using this Platform and/or our Services, you (on behalf of yourself and/or the
Minor User) agree with these conditions and agree to indemnify, defend and hold
harmless the owners, operators, and maintainers of this Platform and of the
Services and their agents and partners.
z.
To the extent permitted by applicable law, we may decide to cease making
available certain features of the Services at any time and for any reason.
aa. We are not responsible for delay or
failure of our performance of any of the Services caused by events beyond our
reasonable control, like an act of war, hostility, sabotage, natural disaster,
electrical, internet services, or telecommunication outage, or government
restrictions.
bb.
To the extent permitted by applicable law, you (on behalf of yourself and/or
the Minor User) agree to defend, indemnify and hold harmless Apex I Sys, its
affiliates, their respective officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees)
arising from: (i) your and/or a Minor User’s use of and access to the Platform;
(ii) your and/or a Minor User’s violation of any clauses of these Terms; (iii)
your and/or a Minor User’s violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) breach or
violation of the terms and conditions of, and/or default in payment of, any
moneys, loans and/or equated monthly instalments under any third party
arrangement / agreement; (v) violation of any applicable laws. This defense and
indemnification obligation will survive these Terms and your and/or a Minor
User’s use of the Platform.
cc.
You (on behalf of yourself and/or the Minor User) hereby expressly release Apex
I Sys, its affiliates and any of their respective officers, directors,
employees and agents from and any cost, damage, liability or other consequence
of any of the actions/inactions of any third-party vendors or service providers
and specifically waive any claims or demands that you and/or a Minor User may
have in this behalf against any of Apex I Sys, its affiliates and any of their
respective officers, directors, employees and agents under any statute,
contract or otherwise.
Neither Apex I Sys nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will Apex I Sys be liable for any damages or, in the case of enrolled students, the fees paid by you in connection with your enrolment into a Program.
The Placement Policy governs your
placement process with APEX I SYS and we advise you to go through this Clause
to understand what your experience is going to look like. Your consent and
acceptance to this Clause is a prerequisite for initiating the placement
process with Apex I Sys and hence, your understanding of this Placement Policy
is imperative.
dd.
Job Assistance Program
Terms and conditions of the Job
Assistance Program
Assistance Program:
1. Job Assistance is provided for Users
who perform well in our post graduate program. The User should have completed
all applicable mandatory courses with more than 85% (eighty percent) marks to
qualify for Job Assistance Program.
2. Post completion of the requirements
set out above, our student success team will work closely with the User. The
student success team will advise you on resume preparation and prepare you for
technical interviews. Our student success team works with several hiring
partners to help you get a job. As part of the process, they will provide
several tasks and assignments that you need to complete on time. Failure to
complete or exhibiting poor compliance towards these tasks will result in
revoking of the Job Assistance Program.
3. Every eligible User will be given
the placement opportunities basis the relevant purchase plan availed by the
User. In case the User gets selected by a hiring partner before exhausting all
the placement opportunities as per his/her purchase plan, Apex I Sys reserves
the right to provide further assistance to such User at its own discretion.
4. A User cannot reject a job offer
procured through the Job Assistance Program on the pretext of compensation,
location, bond etc. as long as the annual compensation is in accordance with
the purchase plan. Apex I Sys’s promise of Job Assistance will be considered
fulfilled in case the annual compensation offered to any User is in accordance
with the purchase plan and such User will no longer be eligible for further
assistance under the Job Assistance Program.
5. In the case of internships, the User
may resume Job Assistance Program after successfully completing the internship.
6. Apex I Sys in collaboration with its
industry partners may organize the placement drives for providing placement
opportunities to the User, User should attend these drives at his/her own
monetary expense.
7. The Job Assistance Program of the
User shall does not have any expiration date.
ee. Job Guarantee Program
1. Terms and conditions of Job Guarantee Program
The User needs to fulfil all the following terms and conditions to be eligible for Job
B. Applicable only for Users from India.
C. Job Guarantee Program is applicable for following selected programs. The User should have the educational qualification set out below to be eligible for Job Guarantee Program: Python ,Java, .Net, Full Stack Development, Embedded System, IOT, PCB Design, VLSI Design ,Mechanical Design, Automotive Design, CAD/CAM Design
D. User should have scored more than 65% (sixty percent) marks in Class X, XII and B. Tech degree to avail the benefits of the Job Guarantee Program.
E. A User cannot reject a job offer procured through the Job Guarantee Program on the pretext of compensation, location, bond etc. as long as the annual compensation is in accordance with the purchase plan. Apex I Sys’s promise of Job Guarantee Program will be considered fulfilled in case the annual compensation offered to any User is in accordance with the purchase plan and such User will no longer be eligible for further assistance under the Job Guarantee Program.
F. User will not be eligible for the Job Guarantee Program if he/she:
G. is unreachable for 4 (four) weeks or more. In case of personal emergencies, the User is required to keep his/her respective career success mentors informed; or
H. does not appear in 2 (two) interview opportunities without prior information.
I. . Apex I Sys in collaboration with its industry partners may organize the placement drives for providing placement opportunities to the User, User should attend these drives at his/her own monetary expense.
J. Except as otherwise specified by . Apex I Sys, in case of any inconsistency between the terms of the Career Services Support Program set out in Clause (a) (Career Services Support Program) above and the terms and conditions of the Job Guarantee Program set out herein, the latter shall prevail.
ff. You (on behalf of yourself and/or the Minor User) agree that by registering, accessing, or using our Services, you (on behalf of yourself and/or the Minor User) are agreeing to enter into a legally binding contract with . Apex I Sys. If you and/or a Minor User do not agree to these Terms, do not register, access, or otherwise use any of our Services.
gg. Any notice or other communication to . Apex I Sys shall be provided in writing at the address mentioned on the Platform. Any notice and communication to the User and/or the Minor User shall be made on the email address provided by the User and/or the Minor User at the time of registration on the Platform and/or at our Offline Centres.
hh. If any provision of these Terms is found to be invalid, void or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
ii. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.
jj. The following clauses shall survive the expiration or termination of these Terms: Clause 1 (Course Enrolment), Clause 5 (. Apex I Sys at Your Own Risk), Clause 8 (. Apex I Sys’s Rights), Clause 11 (Indemnity and Release), Clause 12 (Limitation of Liability), Clause 14 (Binding Agreement) and Clause 15 (Governing Law, Jurisdiction and Dispute Resolution).
kk. Governing Law and Jurisdiction
These Terms are governed and interpreted by and construed in accordance with the laws of the Republic of India and subject to the dispute resolution clause below, the court at Bhubaneswar shall have sole and exclusive jurisdiction over all matters arising out of or relating to the Terms. You agree and undertake not to initiate or instigate any class actions.
ll. Dispute Resolution
Any and all disputes arising out of or in connection with these Terms shall be exclusively submitted to arbitration under the Arbitration and Conciliation Act, 1996, and shall be adjudicated by an arbitral tribunal comprising a sole arbitrator to be appointed by mutual consent of the parties. All proceedings of the arbitration shall be conducted in English language. The venue and seat of arbitration shall be Bhubaneswar. The arbitration award rendered by the sole arbitrator shall be final and binding. The substantive and procedural laws applicable to these Terms shall be the laws in force in the Republic of India.
From time to time, we may update these
Terms to clarify our practices or to reflect new or different practices (such
as when we add new features) without any notice, and Apex I Sys reserves the
right in its sole discretion to modify and/or make changes to these Terms at
any time. If we make any material change, we will notify you and/or the Minor
User using prominent means such as by email notice sent to the email address
specified in your and/or the Minor User’s account or by posting a notice
through our Platforms and Services. Modifications will become effective on the
day they are posted unless stated otherwise. Your and/or the Minor User’s
continued use of our Services after changes become effective shall mean that
you (on behalf of yourself and/or the Minor User) accept those changes. Any
revised Terms shall supersede all previous Terms. If a User (on behalf of
themselves and/or the Minor User) disagrees with this policy or any part
therein, then that User and/or the Minor User should not use this Website.
39. If you find any discrepancies or have any grievances in relation to the Services, offered by us under these Terms or any other applicable terms and conditions or policies of the Company, as may be applicable, please contact the following: E-mail: info@apexisy.com
40. We will strive to address your questions, feedback and concerns in a timely and effective manner and within the time period prescribed under applicable law. The details of the grievance officer may be changed by us from time to time by updating these Terms.
oo. Support Timing
0. In our constant endeavour to provide
Users and/or Minor Users with superior learning support at every step, Apex I
Sys offers personal support to its Users and/or Minor Users. The support staff
of Apex I Sys will be available to help and guide the Users and/or Minor Users
to clarify their doubts on the Course Materials only during working days
between 10.00 AM to 7.00 PM IST.
1. Our support staff shall not be
reachable after the working hours and on public/local and national holidays.
pp. Language
0. All our Courses are designed and
shall be delivered only in English.
1. We wish you all the best and all of
us here at Apex I Sys are there to help and guide you through your journey with
us, happy learning!
