Term
& Conditions
CADDEX is an online/offline/In centre learning platform where users can
access learning systems designed to identify and address knowledge gaps.
PLEASE READ
THESE TERMS OF SERVICE (“TOS”), OUR PRIVACY POLICY, ACCEPTABLE USE POLICY
(“AUP”), PRODUCT REFUND, RETURN POLICY, AND ALL OTHER CADDEX POLICIES CAREFULLY. THESE ARE LEGALLY BINDING
DOCUMENTS THAT CONTROL YOUR ACCESS TO AND USE OF THE CADDEX SERVICES (AS DEFINED HEREIN) AND AFFECT YOUR
RIGHTS AND OBLIGATIONS.
- ACCEPTANCE OF TERMS. By
using the CADDEX Services, you
acknowledge and agree to the terms and conditions contained herein. Such
acknowledgement and agreement is further confirmed by indicating your
acceptance as applicable. The CADDEX Services, including any updates,
enhancements, new features, and/or the addition of any new websites, that CADDEX
provides to you are subject to
these TOS. We reserve the right to update these TOS at any time by posting
such changes on the website through which you are accessing the CADDEX Services. All such changes will be
effective from the date on which they are posted and your continued use of
the CADDEX Services thereafter
serves as your acceptance of such changes. You should check these TOS from
time to time to read what changes have been made.
In order to use the CADDEX Service, you need to (a) be 10 or older, or be
10 or older and have your parent or guardian’s consent to these Terms, (b)
User or Customer should be Student who enrolled (any educational institutions)
or completed their education (minimum 5 class), (c) have the power to enter a
binding contract with us and are not barred from doing so under any applicable
laws, and (c) be resident in the Local Country. You also warrant that any
registration information that you submit to CADDEX is true, accurate and complete, and you agree
to keep it that way at all times.
- DESCRIPTION OF THE CADDEX SERVICES AND PRODUCTS. Through
our websites (located at ndssacademy.com or as otherwise hosted by us,
collectively the “Website”), we provide you with access to a variety of
products, including s and eBooks (the “Products”), as well as resources
and services, any associated subdomains, instructive courses, download
areas, communication forums, product information, Software (as defined
herein), CADDEX Services, Service
Materials (as defined herein) and/or other related content (collectively
the “CADDEX Services”).
- PAYING FOR YOUR SUBSCRIPTION. When
you register for an Any Program/Courses, you are subscribing to certain CADDEX
Services. The applicable fees and
any associated taxes for Subscription will be billed immediately to your
credit card or other form of payment upon completion of your
Products/Services purchase through our Website(s).If at any time during
your Subscription, your credit card or other method of payment is
declined, we may limit your access to the CADDEX Services and/or terminate your
Subscription. All fees related to your Subscription are including all
taxes.
- SUBSCRIPTION TERMINATION AND REFUNDS. You
may cancel your Subscription at any time by contacting us at
complain@ndssacademy.com, for any or no reason. If you choose to cancel
your Subscription you will still be responsible for the monthly
subscription fee for the month in which you cancel. However, you will not
be responsible for any further subscriptions fees unless you re-subscribe
to any of the CADDEX Services.
Please note that all subscriptions are non-refundable.
CADDEX may
terminate your Subscription, without notice, effective immediately if you
breach any of the terms and conditions herein. Upon such a termination by CADDEX
, you will still be responsible for the monthly subscription fee for the month
in which such termination occurs.
- PRODUCT RETURNS AND REFUNDS. For
information about our refund policy for purchases of our Products, please
read our Product Refund, Return and Exchange Policy.
- INTELLECTUAL PROPERTY; LIMITED LICENSE. You
acknowledge and agree that (excluding your Submissions as defined below)
any Products made available through our websites, any mobile applications
that is made available to download from the CADDEX Services (“Software”) and any sample and
actual forms, checklists, business documents, our logo and all designs,
text, graphics, pictures, videos, information, data, software and the
selection and arrangement thereof (collectively, the “Service Materials”)
are the proprietary property of CADDEX and/or its licensors and are protected by
Indian and International copyright, trademark and/or other intellectual
property laws.
You will be unable to access or use the CADDEX Services unless you accept all of the terms
and conditions of this TOS. Any reproduction or redistribution of the CADDEX Services not in accordance with these TOS
and/or other applicable policies is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Provided that you indicate your acceptance of these
TOS as applicable, you are granted a limited, non-transferable, revocable
license to access and use the CADDEX Services. This license is subject to these
TOS. Any use of the CADDEX Services
other than as specifically authorized in these TOS, without our prior written
permission, is strictly prohibited and will terminate the license granted in
these TOS. Such unauthorized use may also violate applicable laws including,
but not limited to, copyright, trademark and/or other intellectual property
laws and applicable communications regulations and statutes. Unless explicitly
stated herein, nothing in these TOS will be construed as conferring any license
to or transfer of any intellectual property rights, whether by estoppel,
implication or otherwise.
- RESTRICTIONS. WITHOUT LIMITING THE
FOREGOING AND UNLESS EXPRESSLY AGREED TO OTHERWISE IN WRITING BY CADDEX : (I)
YOUR USE OF THE PRODUCTS AND/OR CADDEX SERVICES ARE FOR YOUR PERSONAL, NON-COMMERCIAL
USE; AND (II) YOU ARE EXPRESSLY PROHIBITED FROM: (A) IN WHOLE OR IN PART,
RESELLING, COPYING, REPRODUCING, MODIFYING, DISTRIBUTING, TRANSMITTING,
DISPLAYING, PERFORMING, PUBLISHING, LICENSING, CREATING DERIVATIVE WORKS
FROM, TRANSFERRING AND/OR SELLING ANY OF THE PRODUCTS AND/OR CADDEX SERVICES; (B) THE USE OF ANY DATA MINING,
ROBOTS OR SIMILAR DATA GATHERING OR EXTRACTION METHODS; (C) COPYING AND/OR
DOWNLOADING (OTHER THAN THE PAGE CACHING) ANY PORTION OF THE PRODUCTS
AND/OR CADDEX SERVICES OR ANY
INFORMATION CONTAINED THEREIN, EXCEPT AS EXPRESSLY PERMITTED IN THESE TOS;
AND/OR (D) ANY USE OF THE PRODUCTS AND/OR CADDEX SERVICES OTHER THAN FOR ITS INTENDED
PURPOSE.
- CONTESTS AND PROMOTIONS. Any
contests or promotions ("Promotions") accessible through the CADDEX
Services may be governed by its own
set of official rules, which may include eligibility requirements, such as
certain age or geographic area restrictions. By entering or participating
in such Promotions, you will become subject to those official rules. It is
your responsibility to read the applicable rules to determine whether or
not your participation, registration or entry will be valid or restricted,
and to determine the sponsor's requirements of you in connection with the
applicable Promotion.
- MEMBER ACCOUNT, PASSWORD, AND
SECURITY. Certain sections of, or offerings from, the CADDEX Services may require you to register for
a member account. If registration is requested, you agree to provide us
with accurate, complete registration information. Your registration must
be done using your real name and accurate information. Each registration
is for your personal use only, unless authorized in writing by us. Unless
previously authorized in writing by us, we do not permit: (i) any other
person using the registered sections under your name; or (ii) access
through a single name being made available to multiple users on a network.
You are solely responsible for preventing such unauthorized use.
- SUBMISSION POLICY. You
acknowledge that it is your responsibility to ensure that any items that
you may upload via the CADDEX Services including without limitation any
files, text, schema, data, images or other content (“Submissions”) does
not violate the AUP and/or any laws, rules, other policies or regulations.
We respect your rights and do not wish to censor any of your Submissions.
You are solely responsible for your use of the CADDEX Services and for any Submissions that you
post via the CADDEX Services and
you agree to use the CADDEX Services at your own risk. We are not
obligated to but reserve the right at all times to edit, refuse to post or
to remove any information, materials and/or Submissions, in whole or in
part, that in our sole discretion, violate these TOS, the AUP or any other
applicable policy, law and/or regulation.
- USE. You agree to use
the CADDEX Services solely: (i) for
their intended purpose; (ii) pursuant to these TOS; (iii) pursuant to the
terms and conditions of the AUP; and (iv) in accordance with all
applicable policies, laws and/or regulations.
- PRIVACY POLICY. Please
refer to our Privacy Policy for information on how we collect, use and
disclose personally identifiable information from our users.
- THIRD PARTY CONTENT. We
may occasionally provide links to third party sites which will navigate
you away from our website (each a “linked site”). These linked sites are
not under our control and we are not responsible for the content of any
linked site, any link contained in a linked site or any changes or updates
to such linked sites. Furthermore, we are not responsible for webcasting
or any other form of transmission received from any linked site. We are
providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by us of the applicable linked site.
- WARRANTY DISCLAIMER; LIMITATION OF
LIABILITY. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING THE PRODUCTS
AND CADDEX SERVICES (INCLUDING
WITHOUT LIMITATION OUR WEBSITE, SERVICES, SOFTWARE, SERVICE MATERIALS
AND/OR ANY OTHER CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE CADDEX SERVICES) ARE
PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR
CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY CADDEX SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT
TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY OF THE PRODUCTS AND/OR
CADDEX SERVICES. UNLESS OTHERWISE
EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES
AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO
THE PRODUCTS AND CADDEX SERVICES
WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE
IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL
WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR
SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW,
HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III)
ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
THE PRODUCTS AND CADDEX SERVICES ARE INTENDED FOR TRAINING PURPOSES
ONLY. AS SUCH THE PRODUCTS AND CADDEX SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS APPLICATIONS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, AIR TRAFFIC
CONTROL, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR IN ANY OTHER
APPLICATION IN WHICH THE FAILURE OF THE COMPONENT SYSTEMS COULD LEAD DIRECTLY
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE
("HIGH RISK ACTIVITIES"). ACCORDINGLY, WE DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT CADDEX SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES
ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS AND/OR CADDEX SERVICES IN SUCH APPLICATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF
PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND/OR CADDEX
SERVICES, YOUR CONDUCT OR THE CONDUCT OF
ANY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL
DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH OTHER USERS AND/OR ANY
DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED
FROM US, VIA THE PRODUCTS AND/OR CADDEX SERVICES OR THAT MAY RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED
ACCESS TO THE PRODUCTS AND/OR CADDEX SERVICES, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AGGREGATE OF THE NET
AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR THE ACCESS TO AND USE OF THE
PRODUCTS AND/OR CADDEX SERVICES PROVIDED
HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT(S)
GIVING RISE TO SUCH LIABILITY.
- INDEMNIFICATION. You
agree, at your sole expense, to defend, indemnify and hold CADDEX , its
directors, employees and agents, independent contractors, service
providers and consultants, and their respective directors, employees and
agents, harmless from and against any and all actual or threatened suits,
actions, proceedings, at law or in equity, claims, damages, payments,
deficiencies, fines, judgments, settlements, liabilities, losses, costs
and expenses, including, but not limited to, reasonable attorney fees, costs,
penalties, interest and disbursements caused by, arising out of, resulting
from, attributable to or in any way incidental to: (i) your use of the
Products and/or CADDEX Services;
(ii) your conduct; (iii) your violation of these TOS or any other CADDEX policy or applicable law and/or
regulation; (iv) your violation of the rights of any third party; or (v)
any of your Submissions.
- CONFLICT
RESOLUTION. You and CADDEX (each individually a “Party” and
collectively the “Parties”) agree that any dispute relating to the
Products and/or CADDEX Services
will be resolved solely by the means set forth in this section. In the
event that any such dispute arises, you agree to first contact us
directly. The Parties agree to make a good faith effort to resolve the
dispute. If the matter remains unresolved for sixty (60) days after your
initial contact with us regarding the dispute, the matter will be
submitted to binding arbitration under the rules of the CONSUMER FORUM.
Any such arbitration will be conducted in jurisdiction of Utter Pradesh,
Varanasi - India. The arbitrator(s) involved in settling any such dispute
will have authority to grant specific performance and to allocate the
costs of arbitration between the Parties as the arbitrator(s) deems
equitable. Any such judgments rendered by the arbitrator(s) may be entered
in any court having jurisdiction or application may be made to such court
for judicial acceptance of any award and an order of enforcement, as the
case may be.
- GOVERNING LAW; VENUE. Any
dispute arising under or in connection with the subject matter
contemplated herein or related to such subject matter shall be governed
by, and construed in accordance with, the substantive laws of the State of
Utter Pradesh, Varanasi - India, without regard to its conflict of laws
principles. You agree that any claim or dispute you may have against CADDEX
must be resolved by a court located
in Varanasi - India, except as otherwise agreed to or as described in the
Conflict Resolution paragraph above. You agree to submit to the personal
jurisdiction of such courts for the purpose of litigating all such claims
or disputes. In addition to any other relief awarded, the prevailing party
in any action arising out of your use of or access to the CADDEX Services shall be entitled to its
reasonable attorneys’ fees and costs.
- WAIVER. CADDEX
’ failure to strictly enforce any provision of these TOS and/or any other
applicable policy will not constitute a waiver of any such provision.
- ENTIRE AGREEMENT. These
TOS, any applicable User Agreement (as defined below) and any updates
thereto, will constitute the entire agreement between you and CADDEX concerning the CADDEX Services and supersedes all prior
understandings, agreements and documentation relating to such subject
matter.
- SEVERABILITY. If
any provision of these TOS is or becomes or is deemed invalid, illegal or
unenforceable under the applicable laws or regulations of any
jurisdiction, such provision will be deemed amended to conform to such
laws or regulations without materially altering the intention of the
parties hereto, or it will be stricken and the remainder of these TOS will
remain in full force and effect.
- CLAIMS OF COPYRIGHT INFRINGEMENT. If
you believe that anything made available via the CADDEX Services infringes upon any copyright
which you own or control, you may file a notification of such infringement
with our Designated Agent as set forth below.
For your complaint to be valid under the Copyright
Act, 1957, you must provide the following information when providing notice of
the claimed copyright infringement:
-
- A physical or electronic
signature of a person authorized to act on behalf of the copyright owner;
- Identification of the
copyrighted work claimed to have been infringed;
- Identification of the
material that is claimed to be infringing or to be the subject of the
infringing activity and that is to be removed or access to which is to be
disabled as well as information reasonably sufficient to permit CADDEX to locate the material;
- Information reasonably
sufficient to permit the service provider to contact the complaining
party, such as an address, telephone number, and, if available, an
electronic mail address;
- A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent,
or law; and
- A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Before complaints you should be aware that,
under the Copyright Act, 1957.
Contact for Copyright infringement complaints,
please submit your notice to our Copyright Agent as follows:
Email – caddexindia@gmail.com
Our policy to deal with Copyright infringements:
We follow a 3 strike policy- Three instances
brought to our notice will lead to the educator getting banned from our
platform. His/her right to any and all compensation or monetary benefit that
he/she might be eligible for shall be revoked.
- The content is taken down
and educator is given a warning and is suspended for a week from making
any new courses.
- The educator is
suspended from making any more videos on the platform for a month and all
instances of copyright violations are brought down immediately.
- The educator is
banned from the platform and will be unable to make any more courses in
the future.
- INCIDENT REPORTING. Report violations of these TOS, spam, or other similar issues
or problems at: caddexindia@gmail.com
Terms of Use
