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Aerophile Academy Terms Of Service

Your use of and access to the website:https://aerophileacademy.com/(“website”)And use of services (Collectively, the “services”) Of m/S. Aerophile academy private limited and its affiliates (“aerophile academy”) Is conditional upon your compliance with and acceptance of these terms. Please read aerophile academy terms of service (Hereinafter referred to as the “agreement/Terms of service”) Carefully before using or trying to attempt to use aerophile academyservices. By using our services or by attempting to use/Access the website any content,information that May be available through the services in any way, (Such action Will constitute your acceptance ), you acknowledge and admit that you have read, understood and agreed to all the terms and conditions of this agreementand incorporated policies. This agreement once accepted by “you” as an individual (Assuming you are above 18 years and/Or having legal capacity to enter into an agreement), or the company or any legal entity that Will be usingthe services(Hereinafter referred to as ‘you’ or ‘your’ for the sake of brevity)] shall be a legally enforceable agreement between you and aerophile academy and you shall have the rights to use the services subject to the terms and conditions mentioned in this agreement or as amended by aerophile academy from time to time. If you do not agree to all the terms and conditions below, do not register or use our services in any way.

1. Definitions

“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.
“You” means the “End User” means an Individual/organization/ Participant who uses the Services :
- An individual (such an individual) using/legally acquiring the License to use the Services ;or
- An organization (including but not limited to a partnership, joint venture, Limited Liability partnership, Limited Liability Company, Company of any nature, Trust, Governmental Authority, Unincorporated Organization, Association of Persons) or any person (such person) who have been authorized by such an Organization to use the Services, accept the Agreement on behalf of the Organization.

2. Eligibility

You affirm that You are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You shall be removed from using any Service provided and /or Your access to the Website may be terminated without warning if we believe that You are under the age of 18 or are otherwise ineligible.

3. Use of services and your responsibilities

You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to intellectual property, privacy.

Registration Information –You may be required to provide information about Yourself in order to create a personalized account or for use the Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user’s name and password and agree not to disclose such to any third party.

Your Content –You agree that You are solely responsible for the content including messages, review, text, data (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all applicable Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to AEROPHILE ACADEMY and that such use does not violate or infringe on any rights of any third party. Under no circumstances will AEROPHILE ACADEMY be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although AEROPHILE ACADEMY is not responsible for any Content, AEROPHILE ACADEMY may delete any Content, at any time without notice to You, if AEROPHILE ACADEMY becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Website or Services. By publicly sharing Content, You hereby grant to other users of the Service a non-exclusive license to access and use such Content as permitted by these Terms of the Service.

We are under no obligation to edit or control Content that You or other End- Users post or publish and will not be in any way responsible or liable for Content. AEROPHILE ACADEMY may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these Terms of Service or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AEROPHILE ACADEMY with respect to Content.

You acknowledge and confirm that you are solely responsible for:

Obtaining all necessary licenses and authorizations for operating any hardware or software to be used in conjunction with the Services in the area of usage/operation;
Any loss, liability, claim or other demand resulting from the violation of privacy rights of any individual or organization that might result from your use of the Services, or from the content generated through your use of the Services, including any personal data (such as images, videos etc.) and any metadata.

Restriction of Use:

You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to exploit any portion of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts AEROPHILE ACADEMY’s networks, Your accounts, or the Website /Services; (ii) engage in activity that is illegal, fraudulent, false, or misleading, (iii) transmit through the Website/ through use of Services any material that may infringe the intellectual property or other rights of third parties; (iv) use the Service to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (v) upload or transmit any Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of AEROPHILE ACADEMY or other users of AEROPHILE ACADEMY; (vi) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt any servers or networks connected to AEROPHILE ACADEMY. (ix) use the Services in violation of any AEROPHILE ACADEMY policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations, and You agree that You are solely responsible for compliance with all such laws and regulations.

Third-Party links

You may find links to other websites on the Website. Those links will let you leave the Website. AEROPHILE ACADEMY exercises no control whatsoever over such third-party websites and any contents or web-based resources found on those third-party sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto. AEROPHILE ACADEMY is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by AEROPHILE ACADEMY of any linked sites. AEROPHILE ACADEMY shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of those websites, including your use of any content, information, data, advertising, products, or other materials on or available through such websites, is solely at your own risk is subject to the terms and conditions of use and privacy policy(ies) applicable to such sites and resources. The AEROPHILE ACADEMY Privacy Policy is applicable only when you are on the Website. Once you choose to be directed to another website, you are required to read that website’s privacy statement before disclosing any personal information.

4. Responsibility for end users

You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any AEROPHILE ACADEMY policies. AEROPHILE ACADEMY assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact _________<<Email id >>. AEROPHILE ACADEMY may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will AEROPHILE ACADEMY be liable in any way for any data or other content created/viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

5. Aerophile academy obligations

AEROPHILE ACADEMY will maintain all the necessary registrations, approvals and licenses for rending the Services under this Agreement in accordance with law from time to time.

AEROPHILE ACADEMY will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. AEROPHILE ACADEMY will notify You if it becomes aware of unauthorized access to Content. AEROPHILE ACADEMY will not access, view or process Content except (a) as provided for in this Agreement and in AEROPHILE ACADEMY’s Privacy Policy; (b) as authorized by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. AEROPHILE ACADEMY has no other obligations with respect to Content

6. Service fees

You may be required to pay certain fees in order to use the Services (the “Fee” or “Fees”). The Fees will be set by AEROPHILE ACADEMY, in its sole and complete discretion, and shall be as set forth in a written contract as may be separately agreed and signed between You and AEROPHILE ACADEMY.

7. Termination

You agree that We may suspend, discontinue or terminate your use of the Services at any time with or without cause. Upon any termination of this Agreement, You must cease any further use of Services and are not entitled to any compensation whatsoever in the event of termination.

8. Proprietary rights

AEROPHILE ACADEMY, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“AEROPHILE ACADEMY Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any AEROPHILE ACADEMY Marks, or other proprietary information (including images, text, page layout, or form) of AEROPHILE ACADEMY without express written consent. You may not use any meta tags or any other “hidden text” utilizing AEROPHILE ACADEMY Marks without AEROPHILE ACADEMY’s express written consent.

9. Copyright restrictions

You shall not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. AEROPHILE ACADEMY may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify AEROPHILE ACADEMY immediately.

10. Intellectual property rights

You understand and acknowledge that AEROPHILE ACADEMY Services are the sole proprietary of AEROPHILE ACADEMY and AEROPHILE ACADEMY does not grant any right, title and interest in the Services or in any Intellectual Property of AEROPHILE ACADEMY or third-party licensor. Any error corrections, modification, enhancements, updates, upgrades made to Services by you or AEROPHILE ACADEMY will be the sole and exclusive property of AEROPHILE ACADEMY. The Services and the accompanying written materials are the property of AEROPHILE ACADEMY and are copyrighted. The documentation, systems, ideas, information, content, design and other matters related to the Services trademarks, are the sole proprietary and Intellectual Property rights of AEROPHILE ACADEMY protected under the Intellectual property Laws and belong to AEROPHILE ACADEMY.

11. No warranties and disclaimers

A. You understand and agree that the services are provided on an “as is” basis and aerophile academy, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, Express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Aerophile academy, its affiliates, suppliers and resellers make no warranty or representation regarding the results that May be obtained from the use of services, regarding the accuracy or reliability of any information obtained through the services provided or that the services Will meet any user’s requirements, or be uninterrupted, timely, secure or error free
B. Use of the services is at your sole risk. Any material and/Or data downloaded or otherwise obtained through the use of theservices is at your own discretion and risk. You Will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of services remains with you. Aerophile academy does not assume any responsibility for retention of any user information or communications between users. Aerophile academy cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk.

12. Indemnification

You agree to indemnify, defend and hold harmless aerophile academy, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/Or costs (Including, but not limited to, attorneys’ fees) Arising from your use of the services , your violation of this agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

13. Limitation of liability

You agree that aerophile academy shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if aerophile academy has been advised of the possibility of such damage. In no event shall aerophile academy’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

14. Privacy and other policies

Use of the services is also subject to aerophile academy’s privacy policy, which is on aerophile academy’s website. The privacy policy, and all policies noticed at the website are incorporated into this agreement by this reference. Furthermore, if your use of the services requires aerophile academy to process any personally identifiable information (“pii” or “personal data”), aerophile academy shall do so at all times in compliance with the applicable data protection laws. Additionally, you understand and agree that aerophile academy May contact you via e-mail or otherwise with information relevant to your use of the services, regardless of whether you have opted out of receiving marketing communications or notices.

15. General

Force Majeure – AEROPHILE ACADEMY shall not be liable for any damages or penalty for delay or failure in performance of its obligations, , or for failure to give notice of delay when such delay is caused by the elements, acts of God, or performances by AEROPHILE ACADEMY’s vendors or other third parties, or any other causes beyond the reasonable control of AEROPHILE ACADEMY.
Jurisdiction – This Agreement and any matter relating thereto shall be subject only to jurisdiction of Courts at Bangalore, Karnataka, India and shall be interpreted as per the terms of the law/s for the time being in force in India. Any dispute which may arise out of this Agreement, breach of terms and conditions under this Agreement, shall be settled by direct negotiations between You and AEROPHILE ACADEMY. In the case of failure to resolve the dispute in the manner set out above within 30 days from the date when the dispute arose, the dispute shall be referred to a sole arbitrator, to be appointed mutually by both AEROPHILE ACADEMY and You. The venue of arbitration shall be Bangalore, Karnataka. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and Indian Laws and shall be conducted in the English language. The arbitrator shall also decide on the costs of the arbitration proceedings. To the extent possible, after the commencement of any arbitral proceedings the Parties shall continue to perform their respective obligations under this Agreement. The provisions of this Clause shall survive termination of this Agreement. Subject to the provisions of this Clause, the Courts in Bangalore, Karnataka shall have exclusive jurisdiction and the parties may pursue any remedy available to them at law or equity.
Complete Agreement – This Agreement comprises the entire agreement between the parties regarding it subject matter, and supersedes any proposals, negotiations, representations, advertisements, marketing materials or communications whether, oral or written, with respect to the Services or to subject matter of this Agreement. Provided however in certain circumstances you may bound by any specific Agreement entered into in respect of the Video Conferencing Platform and You are bound by the terms and conditions of the same in conjunction with this Agreement .You shall be bound by any and all clauses of the Agreement updated and displayed by AEROPHILE ACADEMY on the Website from time to time. Any waiver by either party of any violation of any provision of this agreement by the other party will not be deemed to waive any other violation of the same or any other provision.
Severability – If any of the provisions contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent.
Survival – The Clauses 1 to15 in this Agreement including not limited to rights to “Indemnification”, “No Warranties & Disclaimers” and “Intellectual Property” shall survive expiration or termination of this Agreement.
You cannot assign your rights or delegate duties or obligations under this Agreement. The failure to exercise or delay in exercising a right or remedy by AEROPHILE ACADEMY under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any prior, concurrent or subsequent right or remedy.
The Section numbers and headings are included merely for the convenience of the parties and are not to be construed in interpreting this Agreement.
AEROPHILE ACADEMY reserves right to amend this Agreement from time to time and will keep updated on its website and it would be binding on You/End User. This is an essence for the use of the Services.