OneInfini Consultancy provides live training and self paced courses for the Learners seeking to enrol for such courses which are provided through the website www.oneinfini.com and any other websites through which OneInfini makes the courses available.
The use of the website is subject to the following terms and conditions to be accepted by the user prior to the use of the website. The users agree that by registering, accessing, or using our Services, they are agreeing to enter into a legally binding contract with OneInfini. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
1. Definition
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
· "Courses" means training courses provided by OneInfini either in the form of self paced or live training sessions through its website.
· "Course Fees" means fees that are due and payable by a Learner
· "Learner" means anyone enrolling for a course.
· “Trainer” means anyone empanelled by Oneinfini either on a full time or part time or
· freelancing basis to impart knowledge and training through website
· “User” means anyone associated with OneInfini as a trainer, Learner, Channel Partner, Marketing associates, customers.
· “Content" means any information available in website or imparted through OneInfini
2. General
§ OneInfini does not give any confirmation on the accuracy or completeness of the content/materials presented on this website by various Trainers. In no event will OneInfini be liable for sort of damages arising from the use of this website.
§ For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
§ The users agree and confirm that they will never use another User’s account nor provide access to their account to any third-party. Further the users agree that they are solely responsible for the activities that occur in their account. At no point in time will OneInfini be liable for any losses caused by any unauthorized use of the users account, and that the user shall solely be liable for the losses caused to OneInfini or others due to any unauthorised use of their accounts.
§ By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, SMSes from OneInfini at any time with the use of the telephone number and e-mail address that has been provided by the user for the use of this website which are subject to the Privacy Policy. The user agrees to receive promotional communication and newsletters from the Company and its partners. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
§ In no way, online learning and self-assessment as provided by the material in Education on Demand, replaces the learner’s training obligations or obligations related to continued professional development legally or professionally issued by the respective authorities.
§ If the user is a trainer, then you understand and agree that your relationship with OneInfini is limited to being a User and an independent, third-party contractor, and not an employee or partner of OneInfini for any reason, and that they act exclusively on their own behalf and own benefit.
§ OneInfini endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
§ In the event of termination of this website, OneInfini shall announce the termination by prior notice of at least one calendar month by a public announcement on the website. OneInfini shall not be obliged to keep documentation of data or to store or to save data that were generated or acquired by the usage of this website. Alternatively the users may terminate this Agreement at any time via the "Move on Account" feature on the Site or by sending us an email. If the users cancel the OneInfini account then refund will be made for the pending sessions. Without limiting our rights mentioned in this Agreement, OneInfini may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
3. Eligibility
User affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If the user is under 18 years of age, then please talk to your parents or guardian before using the OneInfini Platform.
4. User’s Conduct
i. may not use the service of this website for any illegal or unauthorized purpose.
ii. must not, in the use of the Service, violate any laws in any jurisdiction (including but not limited to copyright laws).
iii. agree not to use or launch any automated system that accesses OneInfini website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
iv. recruit or otherwise solicit any user to join any services or websites outside of OneInfini, without prior written approval from OneInfini;
v. contact another User for any purpose other than the smooth functioning of Business related to OneInfini
vi. wont accept any payment for the course fees outside of the payment gateway of OneInfini. Where a user has made or accepted payment outside of OneInfini, then the user: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold OneInfini harmless from any liability for such payment.
vii. This website contains material contributed or licensed by individuals, companies, or organizations that may be protected by various laws. The users are not authorised to: -
§ copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course materials without prior written permission;
§ record on video or audio tape, relay by videophone or other means the Online Course
§ use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
§ remove any copyright or other notice of OneInfini on the Course Materials;
viii. The users agree that they won’t use the name or any of OneInfini trademarks, logos, domain names, and other distinctive brand features. The users may not do any of the following while accessing or using the platform and Services:
§ access, tamper with, OneInfini’s computer systems, or the technical delivery systems of our service providers.
§ disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
5. Payments, Credits, and Refunds
§ OneInfini will collect the Course fees from the Learner at the time of enrolment request for Live training and Self Paced courses.
§ OneInfini reserves the right to confirm or decide to reject an enrolment request. Where a requested enrolment is cancelled by OneInfini (before any Live training sessions are provided), any Course fees collected by OneInfini will be refunded to such Learner.
§ Leaner agrees to pay the course fees for the Live training and self paced courses and authorize us to charge the Learner’s debit or credit card or process other means of payment for those course fees.
§ OneInfini reserves the right to disable access to any self paced course or live training for which full payment has not been received.
§ Refund Policy for Live training - Once the Learner has subscribed for the Live training, they are entitled to change, cancel the subscription plan. Refund will be applicable only for the pending sessions and no refund will be made for the sessions already attended.
§ Refunds Policy for self paced courses- Where the Learner has subscribed for the self paced courses, they cannot change, cancel the subscription plan. Once the learner has subscribed and made the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
§ OneInfini will refund the Course Fees paid by the Learner for such enrolment to the applicable Learner that shall not exceed the total amount paid by the Learner.
6. Taxes
§ All users understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority ") may require Taxes to be collected from Learners on the amount paid for the Course and to be remitted to the respective Tax Authority. These Taxes may be required to be collected and remitted as a percentage of the Course Fees set by OneInfini.
7.
Privacy
Policy
The data collected from the users during the normal course of website/platform
usage is used to provide service, communicate with user and analyse the usage
to improve our services/serve advertising based on usage.
§ Sharing of Data: The data during the normal course of Business is shared with Trainer, Learners, Social Media and Analytics team, Advertisement firms and as required by law.
§ Data Security: This is an accepted risk that is applicable to all internet enabled system where there is always a risk of unauthorised access. Hence please protect your password and contact us at insights@OneInfini.com where you suspect any unauthorized access to your account.
§ Deleting Personal Data: Even after deletion of user account, some or all of the data will be visible to others as Learners would have enrolled for the courses and we are bound to provide them access to the courses for a minimum of one year. Even after your account is terminated, we retain your data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including assisting with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your account has been terminated.
§ Modifications to This Privacy Policy: The users affirm and acknowledge that they have reviewed the Privacy Policy and accept that will keep checking the current version of the terms and conditions each time the platform/website is used. The revised Privacy Policy supersedes all previous Privacy Policies.
8. Termination Policy
OneInfini will be entitled to terminate this agreement if any User indulges in
§ An act of aggressive, bullying, offensive, threatening or harassing manner towards any users of OneInfini,
§ cheat or plagiarise any work
§ steal or act in fraudulent or deceitful manner towards us or our employees or any other Learners
§ a course/training falls below our quality standards or has a negative impact on the Learner experience;
§ where OneInfini believes in good faith that such action is reasonably necessary to protect the safety or property of other Users
§ In the event of termination, there will be no Obligation on OneInfini to delete or return to the user their content or fees for the Live training sessions that are completed.
9. Third Party Policy
To the extent that links or referrals to third-party internet websites are contained on this website, OneInfini does not assume any responsibility or liability for any information, communication or materials arising from these linked sites, or from any subsequent link on a linked site. OneInfini does not necessarily share the opinions of any third-party on a linked site. The website and all of its component elements, including text, graphics, images, hyperlinks and other materials supplied by third parties, are for general educational purposes only.
10.
License
The access to the users is generally lifetime unless the termination clause is
initiated. However, OneInfini reserves the right to revoke any license to
access at any point in time in the event where the website is terminated/
course is disabled due to legal/policy or for any other reasons as decided by
OneInfini. If the users enroll in a course, they rely on any information
provided by a Trainer at their own risk and won’t hold OneInfini responsible.
OneInfini may decide to cease certain features/services at any time without
providing any reason and the users agree that under no circumstances will
OneInfini be held liable for any damages due to such interruptions or lack of
availability of such features.
11. Copyright Policy
The Users acknowledge and agree that any or all content posted, displayed or used while their association with OneInfini will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. OneInfini reserves the right to terminate in appropriate circumstances the User accounts and delete the reported content who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
12.
Indemnification
The
users agree to indemnify and hold harmless OneInfini and its employees,
representatives, agents, and affiliates, against any and all claims, suits,
actions, or other proceedings brought against them based on or arising from any
claim resulting from the breach of users Terms and Conditions. The users will
pay any and all costs, damages, and expenses, including, but not limited to,
reasonable attorneys' fees and costs awarded against or otherwise incurred by
us in connection with or arising from any such claim, suit, action, or
proceeding.
13. Limitation of Liability
§ There will be courses on Capital Market, health and users agree that those are only for educational purposes. OneInfini will not be held responsible for any investment loss or physical injury due to the usage of the course. This applies to all self paced courses and live training courses in the OneInfini platform. The users fully accept these risks and agree that they will have no recourse to seek damages against even if they suffer loss or damage from using our platform and Services.
§ Users acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of their access to and use of OneInfini and any contact the users have with other users of OneInfini in any form remains with the respective user. OneInfini will not be made liable for any incidental, special, exemplary or consequential damages arising from the self paced courses or live training sessions or through any of the user conduct.
§ In no event will OneInfini's aggregate liability arising, exceed the course fees paid by the user in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between OneInfini and the user.
14. Governing Law
§ This Website originates from Mumbai, Maharashtra. This Agreement will be governed by the laws of Mumbai without regard to its conflict of law principles to the contrary. Neither user nor OneInfini will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Mumbai. By using this Website or ordering Course, user consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
§ Prior to referring to the Mumbai court, the issue will be kept before the Arbitration committee, the award of which will be binding on both parties. The Arbitration committee shall comprise of three members – one appointed by OneInfini and the user and the third member nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the OneInfini and the User. If the dispute cannot be resolved by Arbitration mechanism, it shall be referred to the courts at Mumbai, India.
15. Miscellaneous Legal Terms
§ The Trainers give OneInfini, royalty free, worldwide, non-exclusive license (with the right to sublicense) to use the User Content developed by the trainers and communication in developing OneInfini Platform and in any of its marketing or promotional activities.
§ Force Majeure: OneInfini will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott or for any other reason beyond the control of OneInfini.
§ Modification, Amendment or Termination: OneInfini may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the OneInfini Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
§ Effect of Waiver: The failure of OneInfini to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
§ Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
§ Statute of Limitation: The users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred
16. Disclaimer
The website, services and other materials are provided by OneInfini is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. OneInfini makes no warranty that
o The User requirements will be met
o The services provided will be uninterrupted, timely, secure or error-free;
o Materials, information and results obtained will be effective, accurate or reliable;
o Any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, OneInfini will have no liability related to user content arising under intellectual property rights, privacy, publicity, obscenity or other laws. OneInfini also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.
17. Acceptance of the Terms and Conditions: OneInfini reserves the right to refuse access to use the Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so. The users affirm and acknowledge that they have reviewed the terms and conditions and accept that will keep checking the current version of the terms and conditions each time the platform/website is used.