Terms and Conditions
INTRODUCTION
These Terms constitute an electronic record within the meaning of Applicable Law (as defined below) and do not require any physical or digital signatures. These Terms are published in compliance with, and are governed by, the provisions of Indian law, including but not limited to:
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the Indian Contract Act, 1872; and
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the (Indian) Information Technology Act, 2000
and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011
Please read these Terms carefully before using the Platform and the Services or registering for an Account. These Terms apply to all Users of the Platform and the Services, irrespective of the mode and the manner in which they have accessed the Platform and the Services
These Terms and Conditions, along with privacy policy or other terms (“Terms”) constitute a binding agreement by and between Elephant Creations, ( “Website Owner” or “we” or “us” or “our”) and you (“you” or “your”) and relate to –
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our relationship with you and clearly define and document our rights, responsibilities, and obligations;
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your access to and use of the Platform and the Services (as defined below) provided by Elephant Creations;
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the actions, transactions, communications, and activities undertaken by you through the Platform or pursuant to the Services; and
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your use of our website, goods (as applicable) or services (as applicable) (collectively, “Services”).
These Terms are incorporated into and form part of the contract between you and us, including when you register yourself with us.
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REGISTRATION
To access and use the Services, you will have to register/create a user account on the Platform (“Account”). You must provide accurate and complete information during and after registration and you represent that all information provided by you is accurate and current. You agree to maintain and update your Account information to keep it updated, accurate and current. You shall not select or use as a username, display name or profile bio:
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a name which belongs to another user;
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the name of another person with the intent to impersonate that person;
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a name which is subject to the rights of a person for which you do not have an appropriate authorization;
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a name that is otherwise offensive, vulgar, or obscene;
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a name with an intent to engage in any unlawful activity, or abusive behaviour, or harass, defame or intimidate any person or express hate to any person, group, or community.
If a User’s Account does not comply with the above, we will permanently suspend the Account. You shall be responsible for all acts done through the use of your registered account. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block your access to the Platform and the Services.
You shall:
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be responsible for maintaining the confidentiality of your username and password;
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not share your username and password with third parties;
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never publish, distribute, or post login information for your Account; and
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notify Elephant Creations promptly of any unauthorized use of your Account and of any loss, theft, or disclosure of your password.
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, or a third party and for keeping your Account information secure. You shall never use another User’s account or registration information for the Services without permission. You shall be responsible for undertaking the proper supervision, control and management of your access and use of the Platform and the Services, including in conformity with these Terms. Elephant Creations shall not be liable for any Loss as a result of your failure to keep your Account secure.
The Subscriber understands and agrees that the Courses, the Course Content and the Course Materials or the Services obtained through or from the Platform is obtained at the Subscriber's own discretion and risk. We advise all Users to enquire further regarding the suitability of a particular Course offered on the Platform for his academic and professional requirements before enrolling.
Applying for Courses require the payment of an application fee without which your application will not be processed. The User must apply to a Course within the application deadlines prescribed by Elephant Creations. Your failure to do so, may lead to your application not being considered. By applying to a Course, a User agrees to follow the admission process as prescribed for the Course.
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USE OF THE PLATFORM AND THE SERVICES
Elephant Creations (including Elephant Creations Group Entities) is NOT a university, but an education service provider, offering the Courses through the Platform. Elephant Creations reserves the right to determine and limit how you connect and interact on our Platform and use the Services.
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Objective
Subject to these Terms, specifically the disclaimers provided by Elephant Creations herein, the objective of Elephant Creations is to provide a platform that will provide to its Subscribers an educational experience by providing valuable and effective educational content. Accordingly, the Platform is designed and built to deliver an educational experience to the Subscribers, which Subscribers will typically include students and working professionals.
The Platform is a technology-based platform provided by Elephant Creations that enables its Subscribers to purchase or subscribe to the Courses offered by Elephant Creations on the Platform. When you enrol in a Course, Elephant Creations, subject to these Terms, grants you a license to view, explore and pursue the Course for your personal academic growth and for no other use. The Courses, the Course Content and the Course Material is licensed, and not sold, to you. This license does not give you any right to resell the Courses, the Course Content, and the Course Material in any manner (including by sharing your Account information with a purchaser or illegally downloading the Content and sharing it on other sites).
Elephant Creations will generally list all its Courses on the Platform. Elephant Creations may add, withdraw, or modify the Courses, the Course Content, and the Course Materials at any time without notice. While Elephant Creations does not personalize any Courses and related Course Materials, it may, at its discretion, present different Subscribers based on the nature of their subscription, or based on their learning ability, different versions of the same Course and Course Materials.
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Course Availability & Obligations
Elephant Creations will prescribe terms and conditions applicable to different Courses. When you subscribe to a Course, you will be bound by the terms and conditions applicable to such Course. All features, content, specifications, and prices of the Courses described, published, or depicted on the Platform are subject to change without notice. Photographs and illustrations and other promotional material on the Platform are for promotional purposes only and they do not represent any benefit that will be included in any Course subscribed by you. The inclusion of any Course on the Platform at a particular time does not imply or warrant that such Course will be available at any time. The Courses are subject to availability and can be withdrawn at any time and from time to time.
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Mentors
Elephant Creations provides the Courses by engaging with selected Mentors. To the best knowledge of Elephant Creations, these Mentors are suitably qualified to deliver the Courses offered.
Platform Usage
The Platform is accessible to all visitors and Users. “Registered Users” are Users who have registered themselves by creating an account on the Platform by providing Elephant Creations with certain information and who can log on to the Platform by providing their confidential information and password. “Non-Registered Users” are users who are not registered with the Platform but may access information on the Platform. Certain features of the Platform are available to Registered Users only. A Subscriber may use the Platform for:
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viewing the information about a Course
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purchasing or subscribing to the Courses and paying the Course fee to Elephant Creations; and
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accessing the Course.
Use of the Services requires a supporting environment, including internet access, compatible hardware, and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
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Courses Completion
The Institute and the subscriber acknowledge that the course must be completed within the specified time frame as outlined in the course guidelines. The course timelines shall differ from course to course. The Institute may also change the timelines of some or all courses as it may deem fit without any notice. It is the responsibility of the subscriber to stay updated about the timelines based on the course schedules provided on the website or by the Course Instructor as the case may be. No second attempts or extensions beyond this period will be provided to the subscriber. It is the responsibility of the subscriber to adhere to the deadlines and requirements set forth by the Institute. A Subscriber shall complete the Course he has subscribed for in a single attempt. No second attempt shall be provided or permitted.
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Certification
Elephant Creations reserves the right, at its sole discretion, to issue Course completion certifications to Subscribers who successfully complete the Course within the specified time period by achieving the prescribed score and fulfilling criteria and conditions set by Elephant Creations. Additionally, Elephant Creations may, at its sole discretion, issue Course participation certifications to Subscribers who meet the same criteria.
It is explicitly stated that the decision to grant any certification rests solely with Elephant Creations. Certificates will be issued in electronic/digital format or another format determined by Elephant Creations. In the event a Subscriber misplaces their certificate, Elephant Creations may, at its discretion and for a prescribed fee if applicable, provide a duplicate copy.
Academic Credit
Participating in and successfully completing a Course with Elephant Creations does not entitle the Subscriber to receive any academic credit. Furthermore, any Course completion or participation certificate issued by Elephant Creations does not imply the conferral of academic credit. Elephant Creations is not obligated to seek recognition of its Courses by any university, educational institution, accreditation organization, or industry body.
Capstone Projects
Elephant Creations reserves the right to enter into partnerships or collaborations with third parties for capstone projects, intended as educational programs aimed at facilitating Subscribers' learning in engineering and architecture, as per the terms outlined in agreements between Elephant Creations and such parties. Each Subscriber is required to adhere strictly to the terms governing the capstone project as prescribed by Elephant Creations.
Consent for live streaming, recording and use of feedbacks
Any comments, suggestions, feedback, ideas, materials, or other information ("Feedback") sent or transmitted to Elephant Creations, whether through the Platform, email, or otherwise, shall be considered non-proprietary and non-confidential. Elephant Creations assumes no obligation regarding such Feedback and reserves the right to freely use and distribute the Feedback without limitation, including for the development and marketing of its Services. All Feedback shall be deemed the property of Elephant Creations, which may copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Feedback in any manner, now known or hereafter developed, alone or as part of other works, or in connection with Elephant Creations' products or services.
Subscriber’s Recordings Authorization
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Additionally, the Subscriber unconditionally, irrevocably, and perpetually consents to and authorizes Elephant Creations Group Entities, their affiliates, licensees, distributors, networks, advertising agencies, agents, and others to:
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Live stream, film, and record (audio and video) the delivery of the Course, as well as live mentoring, teaching sessions, and workshops attended by the Subscriber, in any format, medium, or device, utilizing any processes and technology, whether known now or developed in the future ("Subscriber’s Recordings");
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Digitally store and make audio, video, and/or audio-visual reproductions of the Subscriber’s Recordings through any means and medium;
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Use, broadcast, rebroadcast, transmit, distribute, and publicly perform the Subscriber’s Recordings, including through electronic and digital transmission, on the Platform, Internet, radio, television, or any other public or private network;
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Edit, modify, add to, subtract from, arrange, rearrange, revise, and make changes to the Subscriber’s Recordings in any manner;
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Include performances of others, sound effects, special effects, digital effects, and music in the Subscriber’s Recordings;
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Commercially exploit the Subscriber’s Recordings;
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License others to use the Subscriber’s Recordings in any manner or media, including for publicity, advertising, promotion, or any other purpose;
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Assign all rights in the Subscriber’s Recordings to third parties; and
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Use the Subscriber’s Recordings for promoting the platform and the businesses of the Company Entities.
Subscriber’s Testimonials
If any Subscriber posts their testimonials, reviews, or success stories on the Platform (‘Testimonials’), the Subscriber hereby grants irrevocable, unconditional, and perpetual consent and authorization to the Elephant Creations Group Entities (including their affiliates, licensees, distributors, networks, advertising agencies, agents, and others) to use, simulate, portray, license, display, reproduce, transmit, exhibit, distribute, publicize, and make any other uses of the Subscriber’s name, pseudonym, sobriquet, face, photograph, caricature, portrait, silhouette, images, visual representations, appearances, personality, personal identification, professional associations, voice, likeness, biographical data, including but not limited to personal experiences, incidents, situations, and events occurring during the Subscriber’s performance of the Services ('Subscriber’s Name and Likeness'), in whole or in part, on the Platform and in any other media now known or hereafter devised, worldwide. This use is in connection with the marketing, promotion, publicity, advertising, distribution, or exploitation of the Subscriber’s Testimonials, by any means and/or medium now known or hereafter developed, including in connection with the publicity of the products, services, and businesses of the Elephant Creations Group.
The licenses, rights, and privileges granted to the Elephant Creations Group Entities concerning the Subscriber’s Name and Likeness are perpetual, irrevocable, and not subject to rescission, termination, restraint, or injunction under any circumstances. The Subscriber acknowledges and agrees that no additional compensation, fee, or royalty shall be due for the aforementioned licenses, rights, and privileges granted to the Elephant Creations Group Entities, including the exploitation of the Subscriber’s Recordings and the use of the Subscriber’s Name and Likeness.
No Expressed Guarantee
Elephant Creations does not provide any guarantee of employment to a Subscriber who enrolls in or completes a Course. Furthermore, there are no warranties, whether express or implied, under applicable law or otherwise, regarding the use or outcomes of the Course, Course Content, and Course Materials, including guarantees that the Subscriber will successfully complete the Course or achieve any specific level of knowledge. Elephant Creations expressly disclaims all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.
Users are advised to thoroughly review Courses before subscribing. It is the sole responsibility of the User subscribing to a Course to verify the accuracy of, and assess the suitability and relevance of, the chosen Course. Enrolment in a Course is non-transferable, unless explicitly agreed upon by Elephant Creations.
Performance Clause
While Elephant Creations continuously works towards keeping the Platform functional, you hereby acknowledge and agree that technical failures are a part of any program. We shall take adequate steps to keep the Platform running and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software or on account of technical problems or traffic congestion on the internet or combination thereof, we will take the necessary measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any Loss arising directly or indirectly to you, including but not limited to loss of profit, loss of data, or loss of opportunity arising out of such unforeseen events and/or technical malfunction.
Elephant Creations shall not be liable for any delay, failure, non-performance or deficiencies in the Services and such delay, failure, non-performance or deficiency shall not constitute Elephant Creations’ failure to meet the requirements detailed in these Terms, to the extent that any such failure is attributable to:
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Force Majeure;
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User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms) or the User’s Information;
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restrictions/constraints imposed by public policy, moral and ethical standards and/or or standards prescribed by any recognised association;
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restrictions/constraints imposed by Applicable Laws;
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a failure by the User to provide Elephant Creations with any information or other material reasonably requested by Elephant Creations;
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any inaccurate or misleading information supplied by the User to Elephant Creations and upon which Elephant Creations relies;
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the User’s failure to take such corrective action which forms a part of the User’s responsibility, as may be reasonably requested and identified by Elephant Creations to the User; and
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such other reasons solely attributable to the User.
Further, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Notwithstanding anything contained in these Terms, Elephant Creations shall not be required to provide a Service to the extent the provision thereof would violate or contravene any Applicable Law.
Subject to these Terms, we grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access and use the Platform and the Services (including through the Account, where applicable) including course and the course materials, solely for the purpose of using the Services in accordance with these Terms. You shall not distribute, sell, license, rent or otherwise exploit your username and password for accessing your Account in any manner whatsoever.
A User shall not, either directly or indirectly:
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copy, adapt, alter, modify, translate, localize, merge and/or create derivative works of the Platform;
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decompile, disassemble, reverse engineer, reduce the Platform to human perceptible form and/or otherwise attempt to determine its underlying source code;
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alter, obscure, deface, remove, conceal and/or otherwise interfere with any eye- readable or machine-readable marking on the Platform which refers to Elephant Creations as the owner, author or developer of the Platform and all proprietary and intellectual property rights contained therein;
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distribute, provide, lease, lend, use and/or allow others to use the Platform to or for the benefit of any third parties; and
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provide the use of the Platform in any service bureau, time- sharing or facilities management arrangement and/or otherwise use the Platform to provide services to third parties.
Timely Updates
By accessing our website and utilizing the Services, you acknowledge that you have read and accepted these Terms (including the Privacy Policy). We retain the right to amend these Terms periodically. Elephant Creations reserves the right, at any time and without prior notice, to amend, modify, revise, update, suspend, remove, or otherwise alter these Terms. Any such amendments or modifications become effective immediately upon their posting on the Platform. By continuing to access or use the Platform or Services following any such amendments or modifications, you agree to be bound by the updated Terms. Therefore, we recommend reviewing these Terms each time you access the Platform or use the Services. It is your responsibility to remain informed of the current version of these Terms. If you do not agree to any changes in these Terms, you must cease using the Platform and the Services immediately.
Termination of Account
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A Subscriber’s access to the Courses will automatically terminate upon the completion of the Course.
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You may cease using the Platform and the Services at any time. To terminate your account, you may notify us in writing at learnings@elephant-creations.com.
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We reserve the right to terminate your access to the Platform and the Service(s) if:
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You breach any provision of these Terms (or demonstrate through actions that you do not intend or are unable to comply with these Terms);
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You fail to timely pay fees for the Services, if applicable;
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You engage in physical, verbal, or other forms of abuse, threats, bullying, or harassment directed towards us or our personnel (in such cases, we may alternatively suspend or restrict your access);
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You repeatedly make complaints in bad faith or without reasonable basis, and continue to do so after being requested to stop (in such cases, we may alternatively suspend or restrict your access).
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We may terminate your access to the Platform and the Service(s) at any time if required by Applicable Law.
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Upon termination of your access to the Platform or Services for any reason, you must delete and remove from all computers, devices, equipment, and storage media all copies of any intellectual property owned by the Elephant Creations Group Entities that you obtained through the Services.
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Upon termination, all licenses, rights, and other services provided by Elephant Creations to Users will cease immediately. Termination may result in the forfeiture and deletion of information associated with your Account.
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Upon termination, all rights granted to you will immediately cease, and you must promptly discontinue all use of the Services.
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Termination of these Terms, any license, or your access to the Platform and Services does not limit Elephant Creations from seeking other available remedies, including injunctive relief. Termination also does not relieve you of your obligation to pay all accrued or owed fees.
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All provisions of these Terms that, by their nature, should survive termination will survive, including provisions governing any licenses granted to us, intellectual property ownership, warranty disclaimers, indemnity obligations, and limitations of liability.
All Users must use the Platform and Services in compliance with Applicable Laws and these Terms. You may not use the Platform or any Service for purposes not intended under these Terms. Elephant Creations reserves the right to restrict, suspend, or terminate your Account if you misuse the Platform or any Service, or breach these Terms or applicable law. You are responsible and liable to Elephant Creations for all actions, claims, proceedings, and losses incurred by Elephant Creations arising from your use of the Services or Platform, or breach of these Terms.
Refunds
When you enroll in a Course, legal obligations arise and your right to a refund is limited by our terms, policies, and the conditions of the specific Course you have enrolled in. Payments made by a Subscriber are generally non-refundable except as provided in these Terms. Requests for refunds must be made in writing within the timeframes specified by Elephant Creations. Depending on the timing of your refund request, you may be eligible for a partial refund or no refund at all. Please note that refund policies may vary between Courses and cohorts. It is important to familiarize yourself with the refund and cancellation policy applicable to the specific Course or cohort you are applying to before submitting your application. By submitting your application, you affirm that you have reviewed and fully understand the terms and conditions, including the cancellation and refund policy, of the Course or cohort, and you agree to abide by them.
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Reserved rights of Elephant Creations to cancel the subscription
Elephant Creations retains the absolute right to terminate a Subscriber's enrollment in a Course under the following circumstances:
Failure to remit the Course fee, or if the Subscriber has chosen to finance the fee through a Financial Institution, failure to make monthly loan repayments or having loan repayment denied by the Financial Institution within 30 (thirty) days from the Course start date;
Elephant Creations retains the absolute right to terminate a Subscriber's enrollment in a Course if they breach any of these Terms. Upon termination of a Subscriber's enrollment as specified above by Elephant Creations:
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No refunds will be provided for any payments made to Elephant Creations under any circumstances;
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Access to the Platform and its features will be immediately terminated for the Subscriber.
Elephant Creations shall not be liable to the Subscriber for any Losses incurred due to the termination of their Course subscription by Elephant Creations.
Cancellation by Subscriber before Course Commencement
Conditions for cancellation before Course Commencement Date (in case payment is made by cash)
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A Subscriber may cancel their enrollment in the Course by submitting a cancellation request to Elephant Creations at least 10 (Ten) days prior to the Course commencement date ("Cancellation Period"). Requests received after the Cancellation Period will not be considered by Elephant Creations under any circumstances.
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Upon cancellation as outlined above, only the Course fee will be refunded to the Subscriber. The Subscriber shall not be entitled to a refund of processing charges or any other administrative fees.
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A Subscriber may cancel their enrollment in the Course after the Cancellation Period, but will not be eligible for a refund of the Course fee or any other payments made to Elephant Creations. Following such cancellation, the Subscriber's access to specific features such as the Course dashboard and communication channels will be terminated. Furthermore, the Subscriber shall not be entitled to any benefits available to Subscribers who continue with the Course.
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A Subscriber must request cancellation by sending an email to Elephant Creations' academic committee at learnings@elephant-creations.com, with 'Cancellation of Course' stated in the subject line, using the Subscriber's registered Email ID with Elephant Creations. A representative of Elephant Creations may contact the Subscriber for further clarification of their request.
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Refunds will be processed within 30 (thirty) working days from the date the academic committee approves the refund.
Cancellation of Course (in case payment is made by availing loan)
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A Subscriber who has enrolled in a Course using a loan obtained from a bank, financial institution, or any other approved entity ("Financial Institution") does not have the right to cancel their Course enrollment. Such cancellation is not permitted by the Financial Institution that granted the loan, and the Subscriber is obligated to repay the loan to the Financial Institution.
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Notwithstanding the loan arrangement, a Subscriber may choose to cancel their Course enrollment without entitlement to a refund of the Course fee or any other payments made to Elephant Creations. Upon cancellation, the Subscriber's access to specific features such as the Course dashboard and communication channels will be terminated. Furthermore, the Subscriber shall not be entitled to any benefits available to continuing Subscribers.
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A Subscriber must request cancellation by sending an email to Elephant Creations' academic committee at learnings@elephant-creations.com with 'Cancellation of Course' in the subject line. A representative of Elephant Creations may contact the Subscriber to discuss the request further.
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Elephant Creations shall not be liable to the Subscriber for any Losses incurred due to the Subscriber's inability to cancel the Course, including any financial or other consequential losses.
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Conditions for transfer of Subscriber for Cohort-based Courses
Transfer of Cohort is at the discretion of Elephant Creations and does not confer any enforceable right upon the Subscriber. Elephant Creations retains the sole and absolute discretion to accept or reject any transfer request made by a Subscriber, without incurring any liability whatsoever. Elephant Creations shall not be held liable to the Subscriber in any manner, including for the rejection of a transfer request.
A Subscriber may submit a transfer request by emailing learnings@elephant-creations.com from the Email ID registered with Elephant Creations. Upon receipt of a valid request as described above, a representative of Elephant Creations will contact the Subscriber to evaluate the request.
If Elephant Creations chooses to accept the transfer request (at its sole discretion), the Subscriber will receive an email confirmation from Elephant Creations, including details of the next available Cohort
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Complaints of Subscribers
If a Subscriber has any grievance regarding any aspect of the Course delivery, they may communicate it by email to learnings@elephant-creations.com. Upon receipt of the complaint, our academic committee will review it, and a summary of the actions taken in response to the complaint will be provided to the complainant.
PHYSICAL AND INTELLECTUAL PROPERTY RIGHTS
The Elephant Creations Technology, the Elephant Creations Trade Secrets, the Platform, and the Confidential Information of the Elephant Creations Group Entities (collectively referred to as the “Elephant Creations Intellectual Property”) constitute valuable trade secrets and proprietary information of Elephant Creations and its Group Entities. All intellectual property rights and other proprietary rights worldwide in and to the Elephant Creations Intellectual Property, including any improvements and developments, shall exclusively belong to Elephant Creations and its Group Entities. Users are strictly prohibited from directly or indirectly infringing, misappropriating, or otherwise violating the Elephant Creations Intellectual Property in any manner.
The Elephant Creations Marks referenced on the Platform are intellectual property rights owned by Elephant Creations and its Group Entities. Unauthorized use of these marks is strictly prohibited, and all rights in them are reserved by Elephant Creations and its Group Entities. No third party may use any of the Elephant Creations Marks without the express written consent of the relevant Elephant Creations Group Entity.
You agree not to engage in the use, copying, or distribution of any Content obtained through the Platform for any commercial purposes unless expressly permitted herein. If you download or print any Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Subject to these Terms, each User is granted a non-exclusive, revocable, non-sub-licensable, non-transferable, and limited license to access the Platform solely for the purpose of accessing the Services.
Nothing on the Platform should be construed as granting, by implication or otherwise, any right, license, or title to any Elephant Creations Intellectual Property or Elephant Creations Marks without the advance written permission of Elephant Creations and its Group Entities or any appropriate third party. All rights not expressly granted herein are reserved and retained by Elephant Creations and its Group Entities. Misuse of any Elephant Creations Intellectual Property, Elephant Creations Marks, or other Content on the Platform, except as provided in these Terms, is strictly prohibited. Elephant Creations and its Group Entities consider their intellectual property rights to be among their most valuable assets and will enforce them to the fullest extent permitted by law.
Right to Determine, Modify, and Update
The Courses, Course Content, and Course Materials are provided on an "as is" and "as available" basis, and may contain typographical errors, inaccuracies, or be incomplete or outdated. Elephant Creations reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Elephant Creations makes no representations or warranties of any kind, whether express or implied, regarding the Courses, Course Content, Course Materials, or Services available on or through this Platform. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Elephant Creations does not warrant that the Courses, Course Content, Course Materials, or Services available on or through this Platform will meet the Subscriber's requirements, or that they will be uninterrupted, timely, secure, or error-free. Furthermore, Elephant Creations does not guarantee any specific results from the use of the Courses, Course Content, Course Materials, or Services.
Elephant Creations reserves the exclusive right to determine the methods, systems, techniques, procedures, and schedules for offering and conducting the Courses. Additionally, Elephant Creations reserves the right to cancel or reschedule a Course or Cohort, or live lectures/webinars, to alter, modify, or rearrange the schedule of topics, adjust the content of a Course, change the grading criteria for assignments, quizzes, tests, exams, projects, and other assessments, or modify the Mentor assigned to any Course or Cohort. All Courses offered are subject to these Terms, including the disclaimers and limitations of liability sections contained herein.
Unless otherwise expressly agreed in writing by Elephant Creations, full payment for participation in a Course is required at the time of registration. Upon payment of the fee, either in full or in part, depending on the Course, Elephant Creations will grant access to the Course. Failure to pay the applicable Course fee shall result in termination of access to the Course. In certain exceptional circumstances where Elephant Creations has granted access to a Course pending payment, and payments are not received within stipulated time periods, Elephant Creations may, at its discretion, terminate access to the Course without prior notice.
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MODE OF PAYMENT
You agree to remit the Course fee using the payment methods facilitated by Elephant Creations on the Platform, or as otherwise specified by Elephant Creations from time to time.
Payments for the Courses may also be processed through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted on the Platform, using payment gateway service providers. This Payment Gateway service is provided to facilitate your purchase or subscription to a Course. The processing of payments may be subject to the terms, conditions, and privacy policies of the payment gateway service providers (“Payment Gateway Service Provider”), in addition to these Terms. The terms of your payment may also be governed by agreements between you and your financial institution, card issuer, or other provider of your chosen payment method. Additionally, you are liable for all charges payable to your bank, financial institution, card issuer, or other payment method provider, and to the Payment Gateway, for conducting the transaction. You confirm that you have the legal authority to use the payment method you employ to transmit funds to us.
Elephant Creations makes no warranties, express or implied, concerning the operation of the Payment Gateway. Elephant Creations bears no responsibility for errors made by the Payment Gateway Service Provider. Elephant Creations retains the right to rectify any errors or inaccuracies, even after requesting or receiving payment. Elephant Creations assumes no liability for any financial or other damages suffered by you due to
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access to, use of, or reliance on the Payment Gateway services;
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delay, failure, interruption, or corruption of data or other information transmitted during the use of the Payment Gateway;
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interruptions or errors in the operation of the Payment Gateway; or
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any overpayment made by you.
You expressly acknowledge that your use of the Payment Gateway is entirely at your own risk. Elephant Creations does not collect or store any payment or other details provided by you for transactions through the Payment Gateway. You agree, understand, and acknowledge that personal data, including debit card/credit card details transmitted over the internet, may be vulnerable to misuse, theft, and/or fraud, and that Elephant Creations has no control over such risks. Elephant Creations does not assert or guarantee that using the Payment Gateway will prevent theft and/or unauthorized use of data over the internet.
The records maintained by Elephant Creations and/or the Payment Gateway Service Provider pertaining to transactions conducted through the Services, including the timing of such transactions, shall constitute conclusive evidence of their authenticity and accuracy. You warrant that the details provided for utilizing the Payment Gateway Service Provider are correct and accurate, and you shall not use debit/credit card or net banking details that you do not lawfully own. You further agree and undertake to furnish correct and valid debit/credit card or net banking information. Should you fail to comply with the aforementioned conditions, Elephant Creations and/or its designated service provider reserve(s) the right to initiate legal action for cost recovery, penalties, or other measures, as deemed appropriate.
At its discretion, Elephant Creations may offer additional payment methods, including simple bank transfers. While utilizing any payment method available on the Platform, Elephant Creations assumes no responsibility or liability for any direct or indirect loss or damage incurred by you.
THIRD PARTY SERVICE PROVIDERS
Information on EMI Options and Loans
Information regarding the availability of EMI options or loans for payment of Course fees may be found on the Platform for specific Courses. Please note that this information is provided for informational purposes only. Loan facilities are provided by third-party credit facility providers, and any arrangement you enter into with them will be governed solely by their terms and conditions. Elephant Creations is not a party to such agreements, and therefore, assumes no liability or responsibility in relation to any such arrangements.
Links to Third-Party Websites and Resources
The Services may allow you to link to other websites, services, or resources on the internet, and such websites, services, or resources may contain links to the Services. Your use of any websites controlled, owned, or operated by third parties is governed by the terms of use and privacy policies of those websites, not by these Terms. Accessing third-party resources on the internet is done at your own risk. These resources are beyond our control, and we do not endorse or have any association with their operators. We are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any link does not imply our endorsement.
Arrangements with Third-Party Financiers
Elephant Creations may engage with online platforms ("Third-Party Financiers") who facilitate financial assistance in the form of loans through arrangements with banks and other financial institutions ("Lenders") for individuals seeking to enroll in Courses. In such cases, Elephant Creations acts solely as a facilitator to connect the Subscriber with the Third-Party Financier, enabling the Subscriber to purchase Courses. Elephant Creations expressly disclaims assuming any financial, operational, or other risks associated with the Subscriber or the Third-Party Financier. Accordingly, Elephant Creations shall not assume any such risks under any circumstances.
If a Subscriber chooses to purchase or subscribe to a Course using a loan facilitated by the Lender/Third-Party Financier, the Subscriber shall abide by the terms, conditions, and agreements entered into with the Lender and the Third-Party Financier, respectively.
Dispute Resolution
Elephant Creations is not involved in transactions between Subscribers and Third-Party Financiers/Lenders and assumes no responsibility for non-performance or breaches between them. In the event of a dispute, the Lenders/Third-Party Financier/Subscribers agree to release the Elephant Creations Group Entities, including their affiliates, partners, officers, employees, contractors, vendors, service providers, agents, representatives, licensees, successors, and assigns, from all claims and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes.
Limitation of Liability
Elephant Creations shall not be liable for any act, omission, or default, whether negligent or otherwise, of Subscribers towards Third-Party Financiers and/or Lenders.ders.
CODE OF CONDUCT FOR SUBSCRIBERS
Subscribers attending Courses are expected to conduct themselves professionally towards other Subscribers, Mentors, and Elephant Creations Personnel. Each Subscriber must strictly adhere to the code of conduct established by the Elephant Creations Group Entities ("Subscriber Code of Conduct"). By subscribing to a Course, the Subscriber acknowledges having read and fully understood the Subscriber Code of Conduct and agrees to abide by its provisions. Specifically, while using the Platform and Services, the Subscriber shall not:
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Create an environment of disharmony or hostility that disrupts the proper delivery of the Course or the Mentor's performance;
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Engage in aggressive, bullying, offensive, threatening, or harassing behaviour towards any Elephant Creations Personnel, Mentors, other Subscribers, support agents, or visitors;
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Cheat or plagiarize any work required for the Courses or during any related examinations;
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Engage in fraudulent or deceitful conduct towards the Elephant Creations Group Entities and/or Elephant Creations Personnel;
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Intentionally or recklessly damage any property provided by the Elephant Creations Group Entities;
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Be under the influence of alcohol or illegal drugs;
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Commit any offense against the Elephant Creations Group Entities, Elephant Creations Personnel, Mentors, or other Subscribers; or
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Breach these Terms.
Elephant Creations reserves the right to terminate the subscription of any Subscriber who fails to comply with the Subscriber Code of Conduct. No refunds of fees shall be provided to Subscribers under such circumstances.
ASSOCIATED CHARGES
Membership
Accessing the Platform, opening an Account, and using the Platform are provided to Users free of charge.
Service Fee
Elephant Creations reserves the right to impose a service fee for accessing and utilizing its Services, the amount of which shall be determined by Elephant Creations from time to time.
Course Fee
Prices for Courses listed on the Platform are set by Elephant Creations. All quoted prices for Courses are subject to change or adjustment at any time at the sole discretion of Elephant Creations, including up to the completion of a transaction by a User. Such changes shall become effective immediately upon their posting on the Platform. While Elephant Creations endeavors to provide accurate pricing information, the pricing of any Course displayed on the Platform may inadvertently be incorrect due to technical issues, typographical errors, erroneous information provided by Elephant Creations, or other reasons. In such instances, Elephant Creations reserves the right to cancel any transaction made by a User for the affected Course. The scope, features, and access to a Course are determined by the specific Course subscribed to or purchased by the User.
Taxes
By purchasing or subscribing to any Course, Service, or product from Elephant Creations, you agree to pay all applicable fees as well as any taxes, duties, and levies, including goods and services tax.
MANDATORY RULES OF CONDUCT
As a condition of your use of the Platform and the Services, you promise and undertake not to use the Platform and the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activities in connection with the Services and the activities of any Person who uses your Account or who uses your computers, systems, mobiles, machines, communication devices, network and other applications and resources.
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You agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share Content, information, data, software, and/or materials on the Platform.
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You further represent and warrant that any Feedback provided by you does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
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You shall not use a false email, address, impersonate any Person, or otherwise mislead Elephant Creations as to the origin of any Feedback.
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You shall not (directly or indirectly):
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disclose any sensitive, proprietary or confidential information reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to;
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misrepresent the source of your Content;
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use the Platform or the Services in violation of any Applicable Law;
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use the Services for any fraudulent or unlawful purpose or for the promotion of illegal activities;
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use the Platform and the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other Persons use and enjoyment of the Services;
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bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform and the Services;
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use manual or automated software, device, or other processes to “crawl” or “spider” any page of the Platform;
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interfere or attempt to interfere with the proper working of the Platform and the Services or any activities conducted on the Platform;
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use the Services to distribute, or receive communications or data gleaned from, or execute any action directed by any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks, (g) flood or mail bombs, (h) logic bombs, or (i) other actions which Elephant Creations reserves the sole right to determine to be malicious in intent;
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make improper use of our Services or submit false reports of abuse or misconduct;
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disparage, tarnish or otherwise harm Elephant Creations, including the Platform and the Services;
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use the Platform or the Service in violation of these Terms or otherwise take any action in violation of our guidelines and policies.
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You shall not (directly or indirectly):
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decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform and the Services (including without limitation any application);
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modify, translate, or otherwise create derivative works of any part of the Platform and the Services; and/or
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copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
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You shall:
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be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or Persons who gain access to the Services using your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources;
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utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords
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notify all Persons who receive access to the Services of the provisions of these Terms, and inform them that these Terms are binding upon them; and
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notify Elephant Creations if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Elephant Creations to cure the security breach.
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You shall assume full legal responsibility for any access and use of the Services, and in the event of any breach of this duty resulting in legal claim against Elephant Creations, you shall defend, indemnify, and hold Elephant Creations harmless from all Losses arising therefrom.
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You acknowledge that unauthorized use of the Website or the Services may lead to action against you as per these Terms or applicable laws.
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You agree to pay us the charges associated with availing the Services.
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You agree not to use the website and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
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You agree and acknowledge that website and the Services may contain links to other third-party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third-party websites.
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You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the us for the Services.
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These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.
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All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra
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All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website.
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We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
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satisfy any Applicable Law, legal process or governmental request;
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enforce these Terms, including investigation of potential violation hereof;
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detect, prevent, or otherwise address fraud, security or technical issues;
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respond to your support request; and
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protect the rights, property or safety of us, our Users and the public.
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Notwithstanding anything contained in these Terms, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event. You agree to indemnify Elephant Creations for all Losses arising from any claim to any rights in any Feedback or any Losses arising from any Feedback.
INDEMNIFICATION
You shall indemnify, defend and hold harmless the Elephant Creations Group Entities and their respective affiliates, licensors, partners, officers, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all Losses brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources)
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use or misuse of, or access to, the Platform, the Services, or the Content;
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violation or breach of these Terms;
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violation or breach of any Applicable Law, whether or not referenced herein;
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violation of any rights of any third party; and
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any dealings between you and any third parties.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
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In no event shall Elephant Creations Group Entities and their respective affiliates, licensors, partners, officers, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services:
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for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever;
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for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or
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for any direct damages in excess of INR 10,000/- (Rupees Ten Thousand only) or the fees (if any) paid to us for the Services (whichever is lower), even if Elephant Creations has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by you reflects the allocation of risk set forth in these Terms and that Elephant Creations would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against Elephant Creations arising out of your use of the Platform and the Services, or any conduct of Elephant Creations’ personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.
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The Services may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources, may contain links to the Services. The use of any websites which are controlled, owned, or operated by third parties are governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. Elephant Creations expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Platform. You hereby agree to hold Elephant Creations harmless from any liability that may result from the use of third-party links that may appear on the Platform.
DISCLAIMER
The Disclaimer of Warranties
The Platform, the Services, the Content, including any information provided as part thereof, are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including, but not limited to, warranties of performance, security, integration, quiet enjoyment, satisfactory quality, title, non-infringement, merchantability, fitness for a particular purpose, and any warranties arising by usage of trade, course of dealing, or course of performance. Elephant Creations makes no warranty and disclaims all liability that:
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(a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free;
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the results that may be obtained from the use thereof will be effective, accurate, or reliable;
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the quality of the Services purchased or accessible by you will meet your expectations;
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any errors or defects in the foregoing will be corrected; and
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is free of viruses or other harmful components.
Limitation of Liability
Elephant Creations specifically disclaims all liability for any actions resulting from your use of the Platform and the Services. You agree to use and access the Platform and Services at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from such use or access.
Disclaimer of Personal Injury or Harm
Elephant Creations disclaims any and all liability for any Losses, personal injury, or other harm that may result from your reliance on any advice, suggestions, recommendations, or other information provided on the Platform or through the Services.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts at Mumbai, India shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms. By using the Platform, you irrevocably submit to the jurisdiction of these courts.
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Dispute Resolution
Any and all disputes arising out of or relating to these Terms shall first be attempted to be resolved amicably between the parties. In the event that such disputes cannot be resolved amicably, they shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by Elephant Creations. The seat and venue of the arbitration shall be Mumbai, India. The language to be used in the arbitral proceedings shall be English. Any arbitral award rendered shall be final and binding upon the parties.
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Interim Relief
Notwithstanding the arbitration clause above, Elephant Creations reserves the right to seek injunctive, prohibitory, equitable, or other similar urgent or interim relief from a court of law if necessary to prevent serious and irreparable harm.
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Limitation of Liability for Electronic Communication
Elephant Creations shall not be liable for any Losses and damages arising from the use of (or the inability to use) electronic means of communication with the Platform. This includes damages resulting from the failure or delay in the delivery of electronic communications, interception, or manipulation of electronic communications by third parties, or transmission of viruses.
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MISCELLANIOUS PROVISONS
Force Majeure: Elephant Creations is not liable to Users or any other parties, nor considered to have breached these Terms, if it is unable to perform its obligations related to the Services or otherwise due to Force Majeure.
Specific Relief: You acknowledge that unauthorized use of the Services or Platform may cause irreparable harm to Elephant Creations Group Entities, their affiliates, or licensors, for which monetary damages would be inadequate. Therefore, in case of such unauthorized use, we and our affiliates or licensors may seek immediate injunctive relief in addition to other legal remedies available.
Legal Actions: Any legal action related to these Terms must be initiated within 6 months after the cause of action arises, unless prohibited by law.
Waiver: If Elephant Creations does not enforce any provision of these Terms, it does not waive its right to enforce that provision in the future. A waiver of any breach of these Terms shall not be considered a waiver of subsequent breaches, and must be in writing by an authorized representative of Elephant Creations to be effective.
Entire Agreement: These Terms, along with referenced agreements and policies, constitute the entire agreement between you and Elephant Creations regarding their subject matter.
Independent Rights: Each right of Elephant Creations under these Terms is independent, cumulative, and does not prejudice any other rights under law or equity. The exercise or non-exercise of any right shall not affect other rights under these Terms or otherwise.
Severability: If any provision of these Terms is found to be illegal, invalid, or unenforceable, it shall be severed, and the remainder of the Terms shall continue in full force unless the severed provision materially alters the understanding of these Terms.
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Evidence: You agree not to object to these Terms being admitted as evidence in legal proceedings, subject to applicable laws of evidence.
Proof: Data in our systems may be used as evidence of your use of our Services and Platform in legal proceedings, similar to written documents.
Assignment: You cannot transfer or assign these Terms and the agreement they evidence. However, we reserve the right to assign, transfer, or delegate our rights and obligations to any third party without requiring your consent.
No Agency: These Terms do not create an agency, partnership, joint venture, or employment relationship between us. Neither party has the authority to bind the other in any way.
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Notices: Any notices, requests, or other communications you need to send us must be in written English. They can be delivered by hand with written acknowledgment, sent by registered mail, or emailed with confirmation of receipt. Notices are considered received when we receive them. Unless otherwise specified, electronic notices should be sent to learnings@elephant-creations.com. We will send notices to you via email to the address you provided.