Acceptance of this Agreement
By clicking on the ‘Login’ option, the participant (“You” or “Your” or “User”) agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the “Agreement”). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services (collectively “Services”) published, available or provided on www.astmacademy.com (the “Website”), which is owned, maintained and monitored by ASTM Academy (“Us”, “We” or “Our”).
User ID and Password
By entering into this Agreement, You acknowledge and agree that Your User ID and Password (“Account”) is for Your exclusive use only. Use or sharing of Your Account with another User is not permitted and is cause for immediate blocking of Your access to the Website, the Services and the Content, the Courseware, and termination of this Agreement.
You hereby agree that You are solely responsible for maintaining the confidentiality of Your Account and for all activities that occur under it. You agree to immediately notify Us if You become aware of or have reason to believe that there is any unauthorized use of Your Account. You further agree to take all reasonable steps to stop such unauthorized use and to cooperate with Us in any investigation of such unauthorized use(s). We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Account due to the activities of any third party outside of Our control or due to Your failure to maintain the confidentiality and security of Your Account.
Content and Courseware
As a part of Our Services offered through Our Website, We shall grant you access to Our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have enrolled / registered for (“Content and Courseware”).
We reserve the right to amend, revise or update the Content and Courseware offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.
The selected courses (the “Courses”) are brought to you by ASTM Academy. Your access to the said Courses is limited to the extent of self-learning videos and course resources only. Nothing herein shall at any time be construed to mean unhindered or unconditional access to all the features of the said Courses, as may be available upon purchase of the respective Courses.
Your access to the Courses shall be limited to such respective number of days, as may be notified against each Course on the date of your enrollment, and shall be revoked at the instance of expiry of the respective number of days. However, ASTM Academy, at its sole option, reserves the right to revoke or extend your access to all contents made available to You
Upon Your enrollment to the Courses, no license is deemed to be granted to you for further sale or to utilize the materials for any reuse, reproduction, re-publication for commercial/non-commercial purposes.
All materials provided to You under the Courses are copyright products of ASTM Academy or its partners/affiliates. Any violation of laws herein, or otherwise, shall make You liable to the maximum extent available under law
All regular features of the Courses, including but not limited to tests, exams, certifications, etc., shall be available upon a full value complete purchase of the respective Courses only.
Usage of the Website and Services
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Courseware offered through the Website till the time the completion of the certification training course that You have enrolled for or the termination of this Agreement according to the Terms and Conditions set forth herein, whichever is earlier. The Services and the Content and Courseware are provided solely for Your personal and non-commercial use to assist you in completing the certification training course You have registered for (“Restricted Purpose”).
You are permitted online access to the Website, the Services, and the Content and Courseware and You shall not download, save, or print the Content and Courseware. The permitted online access is only for Restricted Purpose.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent
Intellectual Property Rights
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content and Courseware for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content and Courseware.
Usage of Personal Information of Participants
We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other certification training courses offered by Us.
Limitation of Liability
You expressly agree that use of the Website, the Services, and the Content and Courseware are at Your sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services, or the Content and Courseware. In no event will We or any person or entity involved in creating, producing, or distributing the Website, the Services, or the Content and Courseware be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the Website, the Services, or the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.
You hereby specifically acknowledge that We are not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Services or the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each User.
You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Content and Courseware shall not exceed the fee(s) you paid to Us for the particular certification training Course.
Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by creating Your Account and, subject to the terms and conditions of this Agreement, will remain in effect till You maintain a current, fully paid up online Account, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect, if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys’ fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the Laws of India and the Courts in Mumbai, India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.
Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
“You” refers to a User or a paying participant/customer/student.
- Proprietary Information
Except as mentioned herein, all information, content, material, courses, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Services are proprietary property of ASTM Academy (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from ASTM Academy and nothing on this Website or the Services 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 to ASTM Academy, to the User. You may own the medium on which the information, content or materials resides, but ASTM Academy shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by ASTM Academy on such medium. Certain contents on the Website 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. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
Kindly read the following carefully before You use the Services:
- Your use of Our Services is solely for Your personal and non-commercial use. Any use of the Services or their contents other than for personal purposes is prohibited.
- You shall not decompile, reverse engineer, or disassemble the contents of Our Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from Our Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of Our Services.
- Under no situations or circumstances, will ASTM Academy be liable for any change in the content which it provides on the Website through the Services, including but not limited to any errors, omissions, loss or damage experienced in connection with the use of exposure, any content made available via Our Services, or various resources such as email, blog, etc.
- Our Services are easily accessible to any User with access to the Internet. However, ASTM Academy shall not be responsible for the charges incurred for the usage of hardware, software, or internet services provider fee. Also, the User is fully responsible for the proper functioning of computer hardware and internet access. ASTM Academy shall not be responsible and is not obligated for issues in Your network or server.
- We make sure that users get uninterrupted access to Our Services for the period agreed upon.
- You shall not insult, abuse, harass, stalk, threaten or otherwise infringe the rights of others.
- You shall not publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.
- You shall not upload, install, transfer files which are protected by Intellectual Property Laws or software which affect other computers.
- You are prohibited to edit HTML source code, reverse engineer or attempt to hack.
- You shall not run Spam services/scripts or anything which could affect the infrastructure, and in turn, the users.
- You shall not communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.
- You shall not copy, distribute, and indulge in plagiarism with Website content or user submitted content.
- You shall not use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.
- You shall not alter or modify any part of the Services.
- You shall not disrupt or interfere with the security of, or otherwise cause harm to, the Services, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites.
- You shall not mirror or frame the homepage or any other pages of this Website.
- You are prohibited from linking ASTM Academy’s Website pages and subpages with spam links, thereby leading to false impression.
- You shall not use or include copyrighted or registered trademarks, or Intellectual Property images, design or content as a link to ASTM Academy Website.
- You shall not link to pages which support racism, terrorism, violate human and animal rights, provide pornographic content, infringes the intellectual property of any third party, person or entity, violates any legal, regulatory, Governmental framework, etc.
- Courses can be viewed / accessed only in Windows 10 and above Operation Systems
Copyright and Intellectual Property
Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an ‘As Is basis’ and We assume 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. 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 may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse these website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without Our prior written consent.
The entire contents of the Website are protected by copyright and trademark laws. The owner of the copyrights and trademarks is ASTM Academy, its affiliates, or other third party licensors, if any. The contents on the Website, including text, graphics, videos, code and/or software are copyrighted and belong to ASTM Academy. You are hereby prohibited from duplicating, modifying, publishing, or reproducing the content in any manner. Certain contents in the Website / Services may contain opinions and views. ASTM Academy shall not be responsible for such opinions or any claims resulting from them. Further, ASTM Academy makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
ASTM Academy has all the rights to disable or prohibit access to the Users who do not respect and involve in the infringement of ASTM Academy’s intellectual property.
- Some parts of the Products and Services are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. ASTM Academy accepts no responsibility or liability for any material communicated by third parties in this way. ASTM Academy reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, ASTM Academy will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
- ASTM Academy may, based on any form of access to the Website, Services or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds ASTM Academy (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do Not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, subsidiaries, affiliates and partners so that you may be contacted for education information, offerings and promotions through telephone, SMS, email, etc.
- Upon registration, ASTM Academy may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of the Services. The User expressly permits ASTM Academy to contact him/her and the student utilising the Services, through the above mentioned means at any time post registration. Further, ASTM Academy shall have the right to monitor the download and usage of the Services and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits ASTM Academy to clear the doubts of the student using the online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.
- Access to certain elements of the Services including doubt clearance, mentoring services, etc. may be subject to separate terms, conditions and fair usage policy. ASTM Academy reserves the right to determine the criteria for provision of various elements of the Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations do not automatically entitle the User to any and all elements of the Services provided by ASTM Academy and ASTM Academy shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of the Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion.
- ASTM Academy’s Services, including content, are compatible only with certain devices/tablets/instruments/hardware. ASTM Academy shall not be obligated to provide workable products and / or services for any instruments that are not recognized by ASTM Academy or those instruments that may be purchased from any third party which are not compatible with ASTM Academy’s Services. ASTM Academy reserves the right to upgrade the table / type of compatible devices as required from time to time. ASTM Academy shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of Our Services.
- No additional or different terms contained in any document, transmission or other communication shall be binding upon ASTM Academy unless agreed to by ASTM Academy in writing.
- Subscription Services
In order to access and avail the Services, You shall be required to register yourself and maintain an account. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if required, and any other information deemed necessary. With respect to the provision of information, the following may be noted:
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You will be allowed to subscribe to a particular Course or collection of Courses (“Subscription Services”) and will be charged entire fees upfront at the time of subscription. In the case of installment facility available under the Subscription Services, then the fees shall be paid as per the terms of payment mentioned while availing the Subscription Services.
ASTM Academy retains the rights to modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.
If you register for a free trial of the Subscription Services, We will make the Subscription Services available to you on a trial basis, free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If We include additional terms and conditions on the trial registration web page, those will apply as well. During the free trial period, (i) the Subscription Services is provided “as is” and without warranty of any kind, (ii) We may suspend, limit, or terminate the Subscription Service for any reason at any time without notice, and (iii) We will not be liable to you for damages of any kind related to your use of the Subscription Services.
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You shall at all times use a credit card for the use of Subscription Services and upon the completion of the free trial period, you will be charged automatically without the requirement of any further approval or consent, such a period of the trial period shall be mentioned on the at the time of registration to the Subscription Services, ASTM Academy absolves any liability with regard to information of period of the free trial period. It is clarified that, once the Subscription Services are accepted the user authorizes ASTM Academy and any of its affiliates to debit the accounts at regular intervals as may be notified to the User.
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By subscribing to the Subscription Services and upon successful completion of the Course, ASTM Academy does not guarantee any placement.
In no event shall ASTM Academy, 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/Services.
All prices, Products and Services, and offers of ASTM Academy Website are subject to change without notice.
ASTM Academy reserves the right to change prices for all Our Services, offers or deals. These changes are done due to market conditions, course termination, fee changes, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.
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