Use of any of the FUAoperated content, services, websites and/or mobile applications including the present service/ application (Collectively referred to as “Services”), whether accessed via computer, mobile device or otherwise, is subject to these Terms and Conditions. By using our Services, you confirm that you have read the following Terms and Conditions and agree to be bound by them.
Additional terms and conditions may apply to some services offered on this Website/ mobile Application if we post such terms within such services or if we signed a separate agreement with you for such services. Please contact [email protected] you have any questions about these Terms and Conditions. These Terms and Conditions constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. Please read these Terms and Conditions carefully.
- You shall be bound by the Terms and Conditions when you use our Services for any purpose regardless of whether you are a registered/ free user or whether you are have paid for any service or whether you are taking the free trial service. You shall be bound by them when you use our Services and any further upgrade, modification, addition, or change to our Services. If you do not accept any or all of these Terms and Conditions, then you should not access or use our Services.
- You shall not be permitted to perform any of the following prohibited activities included but not limited to, while availing our Services:
- use this Services/ Website/ Application to defame, abuse, harass, stalk, threaten or otherwise offend any person; is infringing of intellectual property rights, or otherwise objectionable, as determined in our sole and absolute discretion.;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website/ Application;
- impersonate any other person or entity;
- upload, post, email, transmit or otherwise make available using the Website/ Application any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
- Use the Services for purposes that are not permitted by: (i) these Terms and Conditions; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
- Subject to the provisions of these Terms and Conditions, the Services and all of its subdomains, contents, links, software (whether downloadable or non-downloadable), interfaces, chat rooms, forums, mobile products, applications, services found on our websites,story, characters, context and learning activities, animated videos, technology, user interfaces, profiles, widgets, messages, links, emails, graphics, images, video, code, sounds, music, games, videos, applications, all audio visual or other material appearing on or emanating to and/or from our Services, as well as the design and appearance of our Services and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights. FUAreserve all rights to the Content.
- The Content shall not be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from FUAand nothing on this Website/ Application shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging toFUA. Certain contents on the Website/ Application may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party.
- All product, brand and company names and logos used on the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Services, whether or not owned and/or operated by us is strictly prohibited (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate).
- You shall not use metatags or any other “hidden text” utilizing “FUA” or any other Services, name, trademark, service mark or product or service name of FUAwithout our prior written permission. In addition, the look and feel of the Services, including all story, characters, context and learning activities, animated videos, page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Services and/or FUAand shall not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
ACCESS TO SERVICES:
- Your use of our Website/ Application/products and/ or our Services is solely for the purpose of learning or performing the specific activity as availed/purchased by you. Any use of the Website/ Application, products and / or our Services or their contents other than for the proposed activity is prohibited. Your use of this Website/ Application, products and / or our Services shall be subjected to the following restrictions:
- Use of our Services (with or without subscription) does not allow you to: (i) download (other than as necessary for page viewing) or modify the Services or the Content, or any portion thereof, except with our express prior written consent; (ii) reproduce, distribute, duplicate, republish, copy, sell, resell or otherwise exploit or make any commercial use of the Services or the Content; (iii) collect and use any of our offerings, product listings, descriptions or pricing thereof or otherwise attempt to or download and/or copy user account information for benefit of another or in violation of the Terms and Conditions; (iv) make any derivative use of the Services or the Content; (v) use any data mining or reverse engineering tools, spiders, robots, or similar data gathering and extraction tools; (vi) frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) located on the Services.
- The Services contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of FUAand licensors of FUA(collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through FUA, and not by or from any other site or means. The right of access to FUAdoes not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided in connection with your purchase for certain training courses, including exercise files, course slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) any content wherein it is specifically mentioned that you can share / download the same (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a revocable license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
- The Users may be re-directed to another website for the purpose of making payment to access some of our Services.
- For Users accessing our Services in India, the prices shall be shown in INR currency.
- For Users accessing our Service from outside India, the prices are in US Dollars. Users can pay using other currencies through Paypal or Stripe. The non-US Dollars currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees for Users located outside India.
- Users may be charged with indirect taxes (such as Sales Tax, VAT or GST) , wherever applicable, depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Users before payment.
- Users agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- By using any payment method and/or providing payment details for making purchases on FUA, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on FUA; and (d) such actions do not violate any applicable law.
Representations And Warranties
- In the preparation of the Website/ Application/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, FUA disclaims any responsibility for any errors and accuracy of the information that may be contained in the Website/ Application/Services/products and contents. Any feedback from you is most welcome to make the Website/ Application/Services/products and contents thereof error free and user friendly. FUA also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither FUA nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Website/ Application/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Our Website/Application/Services/products and contents provide you with access to compiled information and related sources. Such information is provided on an “As Is” basis and FUA assumes no liability for the accuracy or completeness or use or non obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website/ Application/Services/products and contents. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website/ Application/Services/products and contents may also include links to other Website/ Applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website/ Application(s). We have no responsibility for the content of the linked Website/ Application(s). You may not create a link to the Website/ Application/Services/products and contents from another Website/ Application or document without FUA’s prior written consent.
- Certain contents in the Website/ Application/Services/products and contents may contain comments, answers, opinions and views ( “User Content”). We shall not be responsible for such opinions or any claims resulting from them. Further, we make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
- Parts of the Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. FUA accepts no responsibility or liability for any material communicated by third parties in this way. FUA reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, FUA will not be responsible or liable for any content uploaded by Users directly on the Website/ Application/ Services/products and contents, irrespective of whether FUA have certified any answer uploaded by the User. FUA would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
- You acknowledge and agree that we do not guarantee any confidentiality with respect to any User Content that you submit. You shall retain all ownership rights to and shall be solely responsible for your own User Content and the consequences of submitting and publishing such Content. You may not upload or post any User Content on our Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity.
- By submitting any User Content, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and freely transferable license to use, publish, reproduce, distribute, disseminate, copy, prepare derivative works of, and display, in whole or in part, the Content, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, and you hereby waive any claim to the contrary. You acknowledge and agree that such User Content may be utilized by us.
- You agree to defend, indemnify and hold harmless FUA, its 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 use of and access of the Website/ Application/ Services/products and contents ; (ii) Your violation of any term of these Terms and Conditions or any other policy of FUA; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Application/Services has caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions.
- In no event shall FUA, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website/ Application.
- In the event of Your breach of these Terms and Conditions, You agree that FUA will be irreparably harmed and may not have an adequate remedy in money or damages. FUA therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. FUA’s right to obtain such relief shall not limit its right to obtain other remedies.
- You may stop using our Services at any time and at your sole discretion, with no need for justification and with no charge, and you may contact us and request to delete your account and/or disable your subscription. Note that the termination of an account or a subscription does not delete the information posted by you, and you may need to contact us directly to request editing, deletion or removal of such information. If your account is terminated, your rights to use our Services will cease immediately.
- Any violation by You of the Terms and Conditions may result in immediate suspension or termination of Your Account, apart from any legal remedy that FUA can avail. In such instances, FUA may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms and Conditions could also result in civil or criminal liability under applicable laws.
APPLICABLE LAW AND JURISDICTION:
- The Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi and You hereby accede to and accept the jurisdiction of such courts.
- In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be New Delhi. The award of such arbitration shall be final and binding upon the Parties hereto. All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to FUA.
DISCONTINUATION OF SERVICES:
- FUA has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website/ Application/Services/products and contents as it deems fit at any time without notice. Further, FUA has the right to amend these Terms and Conditions from time to time without prior notice to you. FUA makes no commitment, express or implied, to maintain or continue any aspect of the Website/ Application/Services/products and contents. You agree that FUA shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website/ Application/Services/products and contents. All prices are subject to change without notice.
- FUA or its affiliates, parent company, subsidiaries etc, shall not be responsible for refund or return of payment for any Services created/ provided by FUA.
- This service may contain translations powered by google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The official text is the English version of the Website/ Application. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated Website/ Application, please refer to the English version of the Website/ Application which is the official version.
- Notice: All notices served by FUA shall be provided via email to Your account or as a general notification on the Website/ Application. Any notice to be provided to FUA should be sent to [email protected].
- Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. FUA’s rights under the Terms are freely transferable by FUA to any third parties without the requirement of seeking Your consent.
- Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
- Waiver: Any failure by FUA to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by FUA of that provision or right.
- Relationship: You acknowledge that Your participation on the Website/ Application/Services/products and contents, does not make You an employee or agency or partnership or joint venture or franchise of FUA.
- FUA provides these Terms and Conditions so that You are aware of the Terms and Conditions that apply to your use of the Website/ Application and Services. You acknowledge that, FUA has given You a reasonable opportunity to review these Terms and Conditions and that You have agreed to them.
COPYRIGHT POLICY AND COMPLAINTS
We respect the intellectual property of others. If you believe that any material on our Services infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing can be found on our Services;
- Your address, telephone number, and email address;
- A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Send the notification to us as follows:
FocusU Engage Pvt. Ltd.
We have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of FUA or any third party.
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