Term & Conditions
NDSS Academy Pvt. Ltd. is an online learning platform where users can access learning systems designed to identify and address knowledge gaps.
- ACCEPTANCE OF TERMS. By using the NDSS Academy Services, you acknowledge and agree to the terms and conditions contained herein. Such acknowledgement and agreement is further confirmed by indicating your acceptance as applicable. The NDSS Academy Services, including any updates, enhancements, new features, and/or the addition of any new websites, that NDSS Academy provides to you are subject to these TOS. We reserve the right to update these TOS at any time by posting such changes on the website through which you are accessing the NDSS Academy Services. All such changes will be effective from the date on which they are posted and your continued use of the NDSS Academy Services thereafter serves as your acceptance of such changes. You should check these TOS from time to time to read what changes have been made.
In order to use the NDSS Academy Service, you need to (a) be 18 or older, or be 10 or older and have your parent or guardian’s consent to these Terms, (b) User or Customer should be Student who enrolled (any educational institutions) or completed their education (minimum 5 class), (c) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to NDSS Academy is true, accurate and complete, and you agree to keep it that way at all times.
- DESCRIPTION OF THE NDSS ACADEMY SERVICES AND PRODUCTS. Through our websites (located at ndssacademy.com or as otherwise hosted by us, collectively the “Website”), we provide you with access to a variety of products, including s and eBooks (the “Products”), as well as resources and services, any associated subdomains, instructive courses, download areas, communication forums, product information, Software (as defined herein), NDSS Academy Services, Service Materials (as defined herein) and/or other related content (collectively the “NDSS Academy Services”).
- PAYING FOR YOUR SUBSCRIPTION. When you register for an Any Program/Courses, you are subscribing to certain NDSS Academy Services. The applicable fees and any associated taxes for Subscription will be billed immediately to your credit card or other form of payment upon completion of your Products/Services purchase through our Website(s).If at any time during your Subscription, your credit card or other method of payment is declined, we may limit your access to the NDSS Academy Services and/or terminate your Subscription. All fees related to your Subscription are including all taxes.
- SUBSCRIPTION TERMINATION AND REFUNDS. You may cancel your Subscription at any time by contacting us at email@example.com, for any or no reason. If you choose to cancel your Subscription you will still be responsible for the monthly subscription fee for the month in which you cancel. However, you will not be responsible for any further subscriptions fees unless you re-subscribe to any of the NDSS Academy Services. Please note that all subscriptions are non-refundable.
NDSS Academy Pvt. Ltd. may terminate your Subscription, without notice, effective immediately if you breach any of the terms and conditions herein. Upon such a termination by NDSS Academy Pvt. Ltd., you will still be responsible for the monthly subscription fee for the month in which such termination occurs.
- PRODUCT RETURNS AND REFUNDS. For information about our refund policy for purchases of our Products, please read our Product Refund, Return and Exchange Policy.
- INTELLECTUAL PROPERTY; LIMITED LICENSE. You acknowledge and agree that (excluding your Submissions as defined below) any Products made available through our websites, any mobile applications that is made available to download from the NDSS Academy Services (“Software”) and any sample and actual forms, checklists, business documents, our logo and all designs, text, graphics, pictures, videos, information, data, software and the selection and arrangement thereof (collectively, the “Service Materials”) are the proprietary property of NDSS Academy Pvt. Ltd. and/or its licensors and are protected by Indian and International copyright, trademark and/or other intellectual property laws.
You will be unable to access or use the NDSS Academy Services unless you accept all of the terms and conditions of this TOS. Any reproduction or redistribution of the NDSS Academy Services not in accordance with these TOS and/or other applicable policies is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Provided that you indicate your acceptance of these TOS as applicable, you are granted a limited, non-transferable, revocable license to access and use the NDSS Academy Services. This license is subject to these TOS. Any use of the NDSS Academy Services other than as specifically authorized in these TOS, without our prior written permission, is strictly prohibited and will terminate the license granted in these TOS. Such unauthorized use may also violate applicable laws including, but not limited to, copyright, trademark and/or other intellectual property laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOS will be construed as conferring any license to or transfer of any intellectual property rights, whether by estoppel, implication or otherwise.
- RESTRICTIONS. WITHOUT LIMITING THE FOREGOING AND UNLESS EXPRESSLY AGREED TO OTHERWISE IN WRITING BY NDSS ACADEMY PVT. LTD.: (I) YOUR USE OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES ARE FOR YOUR PERSONAL, NON-COMMERCIAL USE; AND (II) YOU ARE EXPRESSLY PROHIBITED FROM: (A) IN WHOLE OR IN PART, RESELLING, COPYING, REPRODUCING, MODIFYING, DISTRIBUTING, TRANSMITTING, DISPLAYING, PERFORMING, PUBLISHING, LICENSING, CREATING DERIVATIVE WORKS FROM, TRANSFERRING AND/OR SELLING ANY OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES; (B) THE USE OF ANY DATA MINING, ROBOTS OR SIMILAR DATA GATHERING OR EXTRACTION METHODS; (C) COPYING AND/OR DOWNLOADING (OTHER THAN THE PAGE CACHING) ANY PORTION OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES OR ANY INFORMATION CONTAINED THEREIN, EXCEPT AS EXPRESSLY PERMITTED IN THESE TOS; AND/OR (D) ANY USE OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES OTHER THAN FOR ITS INTENDED PURPOSE.
- CONTESTS AND PROMOTIONS. Any contests or promotions ("Promotions") accessible through the NDSS Academy Services may be governed by its own set of official rules, which may include eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY. Certain sections of, or offerings from, the NDSS Academy Services may require you to register for a member account. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only, unless authorized in writing by us. Unless previously authorized in writing by us, we do not permit: (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are solely responsible for preventing such unauthorized use.
- SUBMISSION POLICY. You acknowledge that it is your responsibility to ensure that any items that you may upload via the NDSS Academy Services including without limitation any files, text, schema, data, images or other content (“Submissions”) does not violate the AUP and/or any laws, rules, other policies or regulations. We respect your rights and do not wish to censor any of your Submissions. You are solely responsible for your use of the NDSS Academy Services and for any Submissions that you post via the NDSS Academy Services and you agree to use the NDSS Academy Services at your own risk. We are not obligated to but reserve the right at all times to edit, refuse to post or to remove any information, materials and/or Submissions, in whole or in part, that in our sole discretion, violate these TOS, the AUP or any other applicable policy, law and/or regulation.
- USE. You agree to use the NDSS Academy Services solely: (i) for their intended purpose; (ii) pursuant to these TOS; (iii) pursuant to the terms and conditions of the AUP; and (iv) in accordance with all applicable policies, laws and/or regulations.
- THIRD PARTY CONTENT. We may occasionally provide links to third party sites which will navigate you away from our website (each a “linked site”). These linked sites are not under our control and we are not responsible for the content of any linked site, any link contained in a linked site or any changes or updates to such linked sites. Furthermore, we are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the applicable linked site.
- WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING THE PRODUCTS AND NDSS ACADEMY SERVICES (INCLUDING WITHOUT LIMITATION OUR WEBSITE, SERVICES, SOFTWARE, SERVICE MATERIALS AND/OR ANY OTHER CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NDSS ACADEMY SERVICES) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY NDSS ACADEMY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS AND NDSS ACADEMY SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT KNOWN, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
THE PRODUCTS AND NDSS ACADEMY SERVICES ARE INTENDED FOR TRAINING PURPOSES ONLY. AS SUCH THE PRODUCTS AND NDSS ACADEMY SERVICES ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR IN ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE COMPONENT SYSTEMS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). ACCORDINGLY, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT NDSS ACADEMY PVT. LTD. SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES IN SUCH APPLICATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND/OR NDSS ACADEMY SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES AS A RESULT OF CONTACT WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA THE PRODUCTS AND/OR NDSS ACADEMY SERVICES OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO THE PRODUCTS AND/OR NDSS ACADEMY SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR THE ACCESS TO AND USE OF THE PRODUCTS AND/OR NDSS ACADEMY SERVICES PROVIDED HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
- INDEMNIFICATION. You agree, at your sole expense, to defend, indemnify and hold NDSS Academy Pvt. Ltd., its directors, employees and agents, independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings, at law or in equity, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Products and/or NDSS Academy Services; (ii) your conduct; (iii) your violation of these TOS or any other NDSS Academy Pvt. Ltd. policy or applicable law and/or regulation; (iv) your violation of the rights of any third party; or (v) any of your Submissions.
- CONFLICT RESOLUTION. You and NDSS Academy Pvt. Ltd. (each individually a “Party” and collectively the “Parties”) agree that any dispute relating to the Products and/or NDSS Academy Services will be resolved solely by the means set forth in this section. In the event that any such dispute arises, you agree to first contact us directly. The Parties agree to make a good faith effort to resolve the dispute. If the matter remains unresolved for sixty (60) days after your initial contact with us regarding the dispute, the matter will be submitted to binding arbitration under the rules of the CONSUMER FORUM. Any such arbitration will be conducted in jurisdiction of Utter Pradesh, Varanasi - India. The arbitrator(s) involved in settling any such dispute will have authority to grant specific performance and to allocate the costs of arbitration between the Parties as the arbitrator(s) deems equitable. Any such judgments rendered by the arbitrator(s) may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
- GOVERNING LAW; VENUE. Any dispute arising under or in connection with the subject matter contemplated herein or related to such subject matter shall be governed by, and construed in accordance with, the substantive laws of the State of Utter Pradesh, Varanasi - India, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against NDSS Academy Pvt. Ltd. must be resolved by a court located in Varanasi - India, except as otherwise agreed to or as described in the Conflict Resolution paragraph above. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. In addition to any other relief awarded, the prevailing party in any action arising out of your use of or access to the NDSS Academy Services shall be entitled to its reasonable attorneys’ fees and costs.
- WAIVER. NDSS Academy Pvt. Ltd.’ failure to strictly enforce any provision of these TOS and/or any other applicable policy will not constitute a waiver of any such provision.
- ENTIRE AGREEMENT. These TOS, any applicable User Agreement (as defined below) and any updates thereto, will constitute the entire agreement between you and NDSS Academy Pvt. Ltd. concerning the NDSS Academy Services and supersedes all prior understandings, agreements and documentation relating to such subject matter.
- SEVERABILITY. If any provision of these TOS is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, such provision will be deemed amended to conform to such laws or regulations without materially altering the intention of the parties hereto, or it will be stricken and the remainder of these TOS will remain in full force and effect.
- CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that anything made available via the NDSS Academy Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For your complaint to be valid under the Copyright Act, 1957, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit NDSS Academy Pvt. Ltd. to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Before complaints you should be aware that, under the Copyright Act, 1957.
Contact for Copyright infringement complaints, please submit your notice to our Copyright Agent as follows:
Email – firstname.lastname@example.org
Or contact us by mail at:
ATTN: Dheeraj Kumar
N8/252-D3, Newada, Sunderpur,
Our policy to deal with Copyright infringements:
We follow a 3 strike policy- Three instances brought to our notice will lead to the educator getting banned from our platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked.
- The content is taken down and educator is given a warning and is suspended for a week from making any new courses.
- The educator is suspended from making any more videos on the platform for a month and all instances of copyright violations are brought down immediately.
- The educator is banned from the platform and will be unable to make any more courses in the future.
- INCIDENT REPORTING. Report violations of these TOS, spam, or other similar issues or problems at: email@example.com; or by mail at NDSS Academy, N8/252-D3, Newada, Sunderpur, Varanasi- 221005.