Term of use

Introduction

Exqualifi’s products and services are provided by AIWMI Knowledge Management Pvt. Ltd. (AIWMI). These Terms of Use (“Terms”) govern your use of AIWMI and Exqualifi websites, applications, and other products and services (Services). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy etc).

Using Exqualifi

1) Who May Use our Services

You may use our Services only if you can form a binding contract with AIWMI under the law as may be applicable and only in compliance with these Terms. When you create your AIWMI account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

2) Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain AIWMI’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses

1) Course Modifications

AIWMI reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

2) No Academic Credit

Unless otherwise explicitly indicated by a content provider/ credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate (or other equivalent AIWMI credential) for that course. AIWMI, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

3) User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in the forums, and the like (“User Content”), with AIWMI instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

4) Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which AIWMI may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course in accordance with these Terms.

5) How AIWMI and Others May Use User Content

To the extent that you provide User Content, you grant AIWMI a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting AIWMI the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights AIWMI may have to User Content. AIWMI reserve the right to remove or modify User Content for any reason, including User Content that AIWMI believe violates these Terms.

6) Feedback

We welcome your ideas, opinions, comments, suggestions and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you.

7) Security

While we work to protect the security of your account and related information, AIWMI cannot guarantee that unauthorized third parties will not be able to breach our security measures. Please notify us immediately of any unauthorized use or compromise of your account by emailing support@exqualifi.com

8) Paid Services

AIWMI offers paid Services for a fee. Unless otherwise stated, all fees are quoted in INR. You shall pay all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is overdue, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and AIWMI reserves the right to change any fees at any time at its sole and absolute discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

9) Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. AIWMI cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. AIWMI disclaims any responsibility or liability related to your access or use of such third party content.

10) Modifying and Terminating our Services

As we are changing, modifying and improving the Services, we may add or remove features, functions, or requirements, and we may suspend or stop a Service altogether. Accordingly, AIWMI may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. AIWMI and its employees, contractors, and other agents shall not have any liability to you for any such termination or modification of the Services.

Disclaimers

THE DOCUMENTS, FIGURES AND GRAPHICS ON THIS WEBSITE COULD INCLUDE TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. AIWMI MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AIWMI SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIWMI FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT I AT YOUR OWN RISK. IN NO EVENT, AIWMI AND/OR ITS AFFILIATES/CONTENT PROVIDER/SUPPLIER SHALL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF AIWMI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIWMI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL AIWMI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY AIWMI FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST THREE MONTHS.

Indemnification

You agree to indemnify, defend, and hold harmless AIWMI from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation ny claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India. All disputes or differences whatsoever arising out of or in relation to the construction, meaning and operation or effect of this Terms or breach thereof, shall be settled amicably. If, however, the disputes are not being resolved amicably, the same shall be referred for Arbitration to a sole Arbitrator to be mutually agreed upon, and failing such agreement to an Arbitration tribunal consisting of three arbitrators. You and AIWMI will nominate an arbitrator and these two arbitrators by mutual agreement will appoint the third arbitrator to constitute the Arbitration tribunal. The Arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act 1996. The Arbitration proceedings will be carried out at Mumbai and the award made in pursuance thereof shall be binding on us.

General Terms

1) Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

2) Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

3) Participating Institutions

AIWMI’s participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

4) Usage Policy

AIWMI’s objective is to provide universal access to the world’s best contents and education. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our partner institutions and instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

Although we do not routinely screen or monitor content provided by users, we may remove or edit
inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or
part of the Services.

Following contents should not be shared while using the services that:

  • Contains threats, or are offensive towards any individual or group or are intended to spread hatred among any group or society or caste or may create a risk of physical injury or may disturb peace and harmony or uses abusive language with an intent to harm the personal dignity of an individual.
  • Infringe intellectual property, privacy, or other rights. Nobody should share content that one does not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate any third party intellectual property or other rights.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Otherwise violates the Exqualifi Terms of Use. Please note that specific courses may have additional rules and requirements.
  • Violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.

One should not share his/her password or allow anyone to access your account, or do anything that might put your account at risk. One should not attempt to access any other user’s account. One should not reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so. One should not access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so. One should not try to attempt any activity which may constitute an offense under any law for the time being in force or may amount to cybercrime.