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AJNACREATOR PROGRAM TERMS OF USE AGREEMENT
This Agreement is made by and between Dimension NXG Private Limited (DNXG),
hereinafter referred to as “Course Provider”, and you, further defined below, as a participant in the Ajna Creator Program (“Course”), also defined below. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) offered by the Course Provider on the Course Provider’s website (“Website”).
1. DEFINITIONS:
1.1 Course Provider: Course Provider or us, is the creator, operator, publisher and owner of the Ajna Creator Program.
1.2 You, the user, the participant: You, who is currently enrolled at, and registered to take Ajna Creator Program offered by Course Provider, and is also a user of the Website, will be referred to throughout this Agreement.
1.3 Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
1.4 Brochure: It means any online or hard copy material produced by Course Provider that provides detailed information with respect to the Ajna Creator Program.
1.5 Course Materials: It includes the materials provided by Course Provider in the course of the delivery of Ajna Creator Program, which may be (i) Online Study Materials that are in electronic format and may be downloaded from the Website or accessed and viewed on the Website; and/or (ii) DNXG’s Ajna Mixed Reality Headset.
1.6 Website means www.ajnacreator.com or any other domain operated by Course Provider.
2. ASSENT AND ACCEPTANCE
2.1 By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it, if you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. The contents of the Course will be accessible to you only if you assent to this Agreement.
2.2 In order to purchase the Course, you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
2.3 A legally binding agreement shall only come into existence once “Course Provider” has accepted your offer to purchase the Course by sending you an order confirmation email which will provide you with a link to access the Ajna Creator Program, along with log on details (if applicable).
2.4 The Course Provider has received from you (or on your behalf) either (i) the entire Course Fee in cleared funds, if you choose to pay for the Ajna Creator Program with a one-off lump-sum payment in accordance with Clause 5.3(a); or (ii) the first instalment of the Course Fee in cleared funds, if you choose to pay for the Ajna Creator Program in instalments in accordance with Clause 5.3(b).
2.5 These Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Agreement.
2.6 You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately at creator@ajnalens.com.
3. ACCESS OF COURSE MATERIALS & WEBSITE
3.1 Course Provider will give access to certain information through the website once you provide your assent. Such information may include, but not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Once you are registered with the course, we grant you access to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose except for the purposes of this Agreement.
3.2 You will be provided a course material that will have 6 levels of completion, where each level is expected to be completed within 1 month time period. Accordingly, next level will be made accessible to you in following month once all submissions/assignments required to be made to complete corresponding level are successfully made by you.
3.3 You will be expected to create content or generate modules as part of your learning process, during assignments or internship program. You hereby agree to (a) provide a royalty free exclusive license to the Course Provider to use, sell, reproduce, copy and market with respect to such content, assignment and/or modules and (b) assign all rights vested within such content, assignment and/or modules to the Course Provider.
3.4 Where you have achieved the level at which Ajna Mixed Reality Headset is offered, these headsets will be made available to you as a part of this program. Course Provider will post the Ajna Mixed Reality Headset to you at address you give us at the time you make your order.
3.5 When Ajna Mixed Reality Headset is sent to you outside of India, you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you. Course Provider has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, since you are considered the importer of headset, you must comply with all laws and regulations of the country in which you are receiving the headset.
3.6 Risk of damage to, or loss of, Ajna Mixed Reality Headset shall pass from Course provider to you on delivery. Ownership of the Ajna Mixed Reality Headset will pass to you upon receipt of payment by Course Provider in full of all sums due to Course Provider in respect of the Headset.
3.7 Course Provider must be notified of any queries, complaints or incomplete or incorrect deliveries within 14 days of you receiving the Ajna Mixed Reality Headset. If you do not notify Course Provider within this time period, Course provider will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.
4. COURSE TERMS:
4.1 After registering and purchasing the Course, you will begin your learning on Course Start Date. The Course is self-paced and you can complete the course at your convenience. However, each level of the course will be made accessible to you only when previous level has been successfully completed by you. At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.
4.2 The description of the Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Courses. Except as set out in the description of the Course on the Website and/or in any relevant Brochure, no additional Course Materials will be provided by Course Provider.
4.3 The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any other party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
4.4 We reserve the right to monitor IP addresses that are used to access the Course Materials and, if you are found to be in contravention of the access rules, we may terminate your access to the Course and the Course Material. In such circumstances, no refund will be given.
4.5 From time to time, Course Provider may make modifications or enhancements to the Ajna Creator Program. You will have access to such changes free of charge only to the extent that such changes relate to the Course purchased by you.
4.6 Purchase of a current Course does not entitle you to have access to future revised Courses or new editions as part of the original purchase.
4.7 We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, and the Materials contained within it;
B) You are solely and exclusively responsible for your own mental health, physical
health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come
about due to your participation in the Course;
5. PAYMENT TERMS
5.1 The Course Fee for Ajna Creator Program at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by Course Provider representative.
5.2 All amounts are payable in Indian Rupees (INR). The prices quoted are inclusive of all taxes. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to Course Provider.
5.3 Unless otherwise specified in respect of Ajna Creator Program, the Course Fee is payable either:
A) with a one-off lump-sum payment, payable with your purchase offer; or
B) in instalments, with payments being due at certain times over a set period of time, as specified on the Website and/or in a Brochure and/or as notified to you by Course Provider representative, with the first instalment being payable with your purchase offer. Subsequent instalments will be automatically deducted from the debit/credit card you used to pay for the first instalment.
C) By choosing to pay the Course Fee in instalments in accordance with Clause 5.3(b),
you agree that:
(a) it is your responsibility to ensure that the instalment payments are made on the due dates;
(b) Course Provider representative and/or its service providers are authorized to collect the instalment payments from the debit/credit card you used to pay for the first instalment when such instalments become due and payable;
(c) you will inform us by email at creator@ajnalens.com if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next instalment becoming due and payable;
(d) without prejudice to any other rights it may have, Course Provider may suspend
or cancel your access to the Ajna Creator Program until the remaining
instalment amounts are paid in full;
6. INTELLECTUAL PROPERTY:
6.1 You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property. You agree that the Course Provider owns all right, title and interest in and to the IP and that you will not use our IP for any unlawful or infringing purpose. You agree not to reproduce, modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, disseminate, or distribute our course content and vested IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without our express written permission.
6.2 All content or modules that will be generated by You as part of your learning process, during assignments or internship program shall be owned by Course Provider. Further, any feedback provided on such content or modules that shall lead to conceptualizing new features or functionality related thereto, or any comments, questions, suggestions or the like will be hereby assigned to Course Provider for further content development, without any compensation to you or any third party. Furthermore, Content Provider is free to use and You hereby grant to Course provider all rights any ideas, know-how, concepts, techniques or other intellectual Property contained in such content or module.
7. YOUR OBLIGATIONS:
7.1 As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
7.2 The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
8. ACCEPTABLE USE
8.1 You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services or general business of the Course Provider.
8.2 You further agree not to use the Course or the Website:
A) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
B) To violate any intellectual property rights of the Course Provider or any third party;
C) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
D) To perpetuate any fraud;
E) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
F) To publish or distribute any obscene or defamatory material;
G) To publish or distribute any material that incites violence, hate or discrimination towards any group;
H) To unlawfully gather information about others.
9. TECHNICAL SUPPORT
9.1 If you are unable to access the Course, Course Provider will use reasonable endeavours to provide a solution where Course Provider has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, Course Provider may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
9.2 We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
9.3 Course Provider will use reasonable endeavours to make the Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Course Provider reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
10. REVERSE ENGINEERING & SECURITY
10.1 You agree not to undertake any of the following actions:
A) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from on the Course, Materials or Website;
B) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11. DATA LOSS
11.1 We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
12. INDEMNIFICATION
12.1 You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our defense, if we wish.
13. SPAM POLICY
13.1 You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14. WARRANTIES
14.1 Course Provider will provide the Course Materials in accordance with the Course description, which is set out on the Website and/or in any relevant Brochure.
14.2 Course Provider expects you to take reasonable care to verify that the Course and Course Materials in question will meet your needs. Course Provider does not make any commitment to you that you will obtain any particular result from your use of the Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure).
14.3 Course Provider does not make any representation, guarantee or commitment to you that the Course or Course Materials will be error free.
14.4 Course Provider does not make any commitment that the Course or Course Materials will be compatible with or operate with your software or hardware.
14.5 All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
15. LIMITATION ON LIABILITY:
15.1 We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind, indirect or consequential losses, loss of business, loss of anticipated savings, or loss or corruption of data.
15.2 The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
15.3 Course Provider is not responsible to you for any data that you lose either (a) as a result of accessing the Course or Course Materials; or (b) during completion of any Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course and the Course Materials; and (ii) all data that you are inputting when completing the Course.
15.4 Course Provider will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
16. MODIFICATION & VARIATION
16.1 We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. Your further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
16.2 To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
17. ENTIRE AGREEMENT
17.1 This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
18. GENERAL PROVISIONS:
18.1 Language: All communications made or notices given pursuant to this Agreement shall be in English Language.
18.2 Jurisdiction, Venue & Choice of Law: Through your participation in the Course and your use of the Website, you agree that the laws of India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of courts in Mumbai, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue and jurisdiction.
18.3 Arbitration: In case of a dispute between the Parties relating or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in India. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitration proceedings shall be in the English language. The seat of arbitration shall be Mumbai, India. The award of the arbitrator shall be final, conclusive
and binding on all the parties to the Agreement. Arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 including any modification or re-enactment thereof in force from time to time. In the event of the arbitrator to whom the matter is originally referred, vacating his office or being unable or refusing to act for any reason, the Parties shall mutually at the time of vacation of office or inability or refusal to act, shall appoint another person to act as the reference from the stage at which it was left by his predecessor.
18.4 Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
18.5 Severability: If any provision of this Agreement or part thereof is declared or found to be illegal, unenforceable or void in any respect, the Parties shall negotiate in good faith to agree upon a substitute provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then that term or provision or part thereof shall to the extent deemed not to form part of this Agreement and the remainder of the Agreement will be enforced to the extent permitted by law.
18.6 No Waiver: Any failure by either Party in exercising any right power or privilege hereunder of any part of this Agreement shall not be taken as waiver nor shall any single or partial exercise hereof preclude any further exercise of any rights, power or privilege by such Party hereunder this Agreement nor shall it be taken as waiver for an indefinite period of time. The failure of any Party in exercising its rights, in pursuance of this Agreement shall not be seen as a waiver of such rights by the Party. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver. A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
18.7 No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No party has any authority to bind the other to third parties.
18.8 Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
19. DISCLAIMER
19.1 The Course is for training purposes only. We will not accept any responsibility to any party for the use of the Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.