Terms & Condition

Please review our Terms of Use, Privacy Policy, and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. By accepting these Terms in any manner or accessing the website, you consent, agree, and undertake to abide, be bound by, and adhere to the Terms. If you do not agree to these Terms, you are not entitled to avail of/use the Programs, and any use after that shall be unauthorized.

Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc., governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.

These Terms shall apply to Prosoft Supplier hosted WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications, and other social media forums, which shall be deemed part of the ‘Platform’ by reference. As mentioned above, you acknowledge that third-party service providers provide certain parts of the Platform and agree to abide by their terms and conditions. Prosoft Supplier shall not be responsible for any disruption of services caused by such third-party service providers.
Although you may “bookmark” a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms.

We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are unhappy with any changes to these Terms.
Prosoft Supplier makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas or that the Platform or information, services, or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform or any content or functionality of the Platform or its portions thereof is illegal is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

User Conduct Policy

Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for these Terms. You are responsible for all your activities using the Platform and Programs. You hereby agree to comply with all applicable local, provincial, state, national, and foreign laws, treaties, and regulations concerning such use. You shall not resort to any unethical practices while using the Platform.

Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing,” “pharming,” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, suppose any such event does take place. In that case, Prosoft Supplier shall not be liable for any data loss or if the user’s device, computer, or other property is compromised.

You acknowledge and agree that Prosoft Supplier has the right to report any suspicious or illegal activity to the appropriate legal or police authorities without notice to you.

During your use of the Platform and Programs, you will:

• Not harass other users, students, attendees, support agents, or visitors;
• Not create an atmosphere of disharmony or hostility within student groups;
• Not cheat on any homework assignment or exams for the Program;
• Not post online any secured testing materials;
• Not share solutions to homework assignments or exams; and
• Notify the instructors immediately if you become aware of any other user cheating or breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.

User Accounts, User Registration, and Delivery of Services

To participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by undergoing a two-step verification process to verify your login credentials, such as your phone number, by way of a one-time password which will be sent to your phone number simultaneously and/or by providing an email address and a unique password.

Upon payment of the Program fees – in part or whole, depending on the Program – Prosoft Supplier shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided along with the email confirmation or within two (2) months. This shall be proof of delivery against the successful payment of fees.
Owing to certain exceptional circumstances, if Prosoft Supplier has granted you access to a Program pending payment and Prosoft Supplier does not receive payments within the stipulated periods, Prosoft Supplier may, at its discretion, withdraw your access to the Program without giving any prior notice.

You agree that you will never divulge or share access to your User Account with any third party. You also agree that you will create, use and/or access only one User Account and not use any User Account other than yours.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information you provide is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program to the extent applicable.

In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance. Some of this information may be Personally Identifiable Information. We may use, maintain and store this information to provide certain services to you now and in the future. We may share such information with our Educational Partners or third parties in conjunction with such services or for marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes. Irrespective of the fact if also you have registered yourself under DND or DNC, or NCPR service, you still authorize us to give you a call from us or any third party for the above mentioned purposes till 365 days after your registration with us.

Access to the Programs is restricted to attendees or students to who Prosoft Supplier has specifically granted access.

By registering your User Account, you agree that:

• You are registered for the Program only once and will not set up multiple User Accounts; and
• You will abide by these Terms and any terms specific to the Program. Additional requirements apply to Students. As a Student, in addition to the points above, you agree that you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which you have enrolled.

Payment Terms and Refund Policy

Unless expressly agreed in writing by Prosoft Supplier, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such a trial window shall be made available only after the full payment. During the trial window, upon a request by the student, and to the satisfaction of Prosoft Supplier, Prosoft Supplier may choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by Prosoft Supplier from time to time. Once the trial window is closed, no refund will be allowed for any reason whatsoever.

It is the sole responsibility of the user enrolling into a Program to check the accuracy of and evaluate the suitability and relevance of the Program elected. The enrolment into a Program is non-transferable.

To make payment for any Program or to purchase any services or products offered by Prosoft Supplier through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). Prosoft Supplier does not store any of your credit card information or other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Prosoft Supplier’ third-party payment provider stores any such information, Prosoft Supplier will not be responsible for such storage. Allowing the third party to store such information will be at your discretion. Any loss of such information or any loss incurred by you due to using such information will be solely a loss incurred by you. Prosoft Supplier is in no way liable for any such losses and is neither responsible for reimbursing/making good such losses whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

Failure to pay the program fee may result in withdrawing your access to a program. Depending on where you transact with us, the type of payment method used, and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Prosoft Supplier does not support all payment methods, currencies, or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

You may cancel your enrolment at any time. Each Program has specific refund terms which shall be applicable in case of refund on such cancellation requests.

If you have subscribed for a free trial, the free trial period will last for the time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address, contact number, or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain product or service features during your free trial period.

Use of Programs

Prosoft Supplier reserves the right to cancel or reschedule any Program or live lectures/webinars or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. At its sole discretion, you also understand that Prosoft Supplier may limit, suspend, or terminate your use of the Platform or Programs and/or all Prosoft Supplier-provided services related to the Programs, such as access to Prosoft Supplier coaches or support services, evaluation services, or certifications. You also understand that Prosoft Supplier may modify or discontinue all services related to its Programs at its sole discretion. You agree that Prosoft Supplier shall not be liable to you or any third party for any such modification, suspension, or discontinuance. Nothing in these Terms shall be construed to obligate Prosoft Supplier to maintain and support the Platform or Programs, any part or portion thereof, or any associated services.

You agree that Prosoft Supplier shall be under no liability whatsoever to you in the event of non-availability of the Platform or any portion thereof occasioned by an Act of God, war, disease, revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of Prosoft Supplier.

Subject to the applicable refund policy, if you no longer wish to use any program, you may terminate your participation by giving prior notice to Prosoft Supplier. Prosoft Supplier’ online live lectures and webinars will be provided access to such classes via email. You agree not to share such access with any third party. If you cannot attend an online live lecture/webinar, please provide Prosoft Supplier with prior intimation regarding this.

You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive, or use the Platform, including, without limitation, hardware devices, software, and another internet, wireless, broadband, phone, or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the Platform and Program in connection with all such equipment and ancillary services.

Prosoft Supplier’ Intellectual Property Rights

“Content” means all information and data, including but not limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features, and other materials.

The Platform, Programs, and related services are owned and operated by Prosoft Supplier and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Prosoft Supplier Content”), are the property of Prosoft Supplier and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Prosoft Supplier and is protected by Indian and international copyright laws.

Prosoft Supplier logos trademarks and service marks that may appear on the Platform and in the Program (“Prosoft Supplier Marks”) are the property of Prosoft Supplier. They are protected under Indian and foreign laws. All other trademarks, service marks, and logos used on the Platforms, Online Courses, or Programs, with or without attribution, are their respective owners’ trademarks, service marks, or logos. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written consent of Prosoft Supplier.

As a condition of accessing the Platforms and/or using the Programs, you agree not to

• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Prosoft Supplier Content or any portion of it thereof, other than as expressly allowed under these Terms; and
• Use the Prosoft Supplier Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorized purpose.

Please verify all Content before use. If you come across any Content that is incorrect, infringing, offensive, indecent, or objectionable, please notify us immediately at the address mentioned at the bottom of this page.

Additionally, from time to time, Prosoft Supplier (or its third-party service providers, on behalf of Prosoft Supplier) may request users to review Prosoft Supplier Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of Prosoft Supplier or its third-party service providers, as applicable.

Third-Party Intellectual Property

Prosoft Supplier respects third party intellectual property rights and actively supports the protection of all third-party intellectual property, including copyrights and trademarks (“IP”). Our policy is to respond expeditiously to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
Prosoft Supplier shall not be held liable for the unauthorized use of any third-party IP, and the user that carries out such unauthorized use or infringes any IP available on the Platform shall fully indemnify and hold Prosoft Supplier harmless against all claims that may arise as a result of such use.

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest;
• A description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;
• A description of where the material that you claim is misrepresenting or infringing your product, work, or other intellectual property is located on the Platform/Program;
• your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright, or intellectual property, or its agent, or applicable law; and
• A statement by you, made under the penalty of perjury, that the information mentioned above in your notice is accurate and that you are the product, work, copyright, or intellectual property owner or authorized to act on such owner’s behalf.

For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.

Limited License

The services on the Platform are licensed, not sold. Considering your agreement to these Terms, Prosoft Supplier grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs in accordance with the Terms. You may download or copy the portions of the Prosoft Supplier Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such Prosoft Supplier Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs, or any Prosoft Supplier Content. Notwithstanding the previous, certain reference documents, digital textbooks, and articles may be made available to you with the permission of third parties. The use of that information is subject to certain rules and conditions. You agree to abide by all such rules and conditions.

You may not reverse-engineer, decompile, disassemble, or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Prosoft Supplier may include software, code, instructions, or other such information in the Prosoft Supplier Content for the Programs; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Prosoft Supplier and/or its affiliates and licensors reserve all rights not expressly granted to the Platforms, Prosoft Supplier Content, and Prosoft Supplier Marks.

Without limiting the generality of the terms above, the following are types of uses that Prosoft Supplier expressly defines as falling outside of the definition of “non-commercial and personal use”:

• The sale or rental of (i) any part of the Prosoft Supplier Content, (ii) any derivative works based at least in part on the Prosoft Supplier Content, or (iii) any collective work that includes any part of the Prosoft Supplier Content;
• The sale of access or a link to any part of the Prosoft Supplier Content;
• Providing training, support, or editorial services that use or reference the Prosoft Supplier Content in exchange for a fee;
• The use of Prosoft Supplier Content by a college, university, school, or other educational institution for instruction where tuition is charged;
• The use of Prosoft Supplier Content by a for-profit corporation or non-profit entity for internal professional development or training; and
• The use of Prosoft Supplier Content for display/upload/making available at a place accessible to the general public, including but not limited to any social media sites, video download sites, and torrents.

User Content

The Platform may allow you to upload forum posts, chat with other users and Prosoft Supplier’ counselors, user discussions, profile pages, and other Content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). Prosoft Supplier does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Prosoft Supplier above, the user will be the sole and exclusive owner of all rights, titles, and interests in and to the User Content.

With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Prosoft Supplier, you hereby grant Prosoft Supplier an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Prosoft Supplier reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that:

1. You have all necessary rights, licenses, and/or clearances to provide such User Content and permit Prosoft Supplier to use such User Content as provided above.
2. Such User Content is accurate and reasonably complete.
3. Between you and Prosoft Supplier, you shall be responsible for paying any third-party fees related to the provision and use of such User Content.
4. Such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement, misrepresentation, or unfair business practices.

Prosoft Supplier does not control the User Content posted through the Platform, including any messages, reviews, or comments, and does not guarantee the accuracy, integrity, or quality of such User Content. Under no circumstances will Prosoft Supplier be liable in any way for any User Content, including any errors or omissions, any loss or damage, or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.

You are prohibited from posting the following Content on the Platform:

• Content that is fraudulent, indecent, or defamatory, or defames, harasses, discriminates against, harms, or threatens others;
• Content that discusses illegal activities with the intent to commit them;
• Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
• Content that you do not have the right to disclose;
• Profane, pornographic, obscene, indecent, or unlawful Content;
• Advertising or any form of commercial solicitation;
• Content related to partisan political activities;
• Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
• Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
• Content that violates the rights of other users of the Platform; or
• Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Platform Security

You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Prosoft Supplier, including, without limitation:

1. Accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing.”
4. Sending unsolicited emails, including promotions and/or advertising products or services.
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Prosoft Supplier will investigate occurrences involving such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Prosoft Supplier on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).

Disclaimer

The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Prosoft Supplier reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information without prior notice.

The Platform, Programs, and any information or Prosoft Supplier Content are provided on an “as is” and “as available” basis with all faults.

Prosoft Supplier makes no representations or warranties of any kind, whether expressed or implied, to Prosoft Supplier Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Prosoft Supplier makes no warranty that the services will meet the user’s requirements or that the services will be uninterrupted, timely, secure, or error-free; nor does Prosoft Supplier make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.

The user understands and agrees that the Prosoft Supplier Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user’s discretion and risk and that the user will be solely responsible for any damage to the user, the user’s computer system, electronic device or any loss of data that results from the download of such material or data.

No advice or information, whether oral or written, obtained by the user from Prosoft Supplier or through or from the services shall create any warranty by Prosoft Supplier. In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or Content and wish that such information or Content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.

Limitation of Liability

Neither Prosoft Supplier nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors, or suppliers shall be liable to you or any other person, whether in Tort, Contract, Strict Liability, or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will Prosoft Supplier be liable for any damages above ₹1000 or, in the case of enrolled students, the fees paid by you in connection with your enrolment into a Program.

Site Linking

The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain Content or offer products and/or services for sale. Prosoft Supplier does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

1. We have no responsibility for the accuracy or availability of information provided by Linked Sites.
2. We do not control or endorse the sponsors of such Linked Sites or the Content, products, advertising, or other materials presented on such Linked Sites.
3. You agree to the terms and conditions of the Linked Sites.

We may remove any Linked Sites from the Platform anytime, with or without reason. Prosoft Supplier WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

Without our prior written consent, you may not establish a link to this Platform from any other website, application, intranet, or extranet site. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of Prosoft Supplier, including its Educational Partners, respective employees, agents, directors, officers, or shareholders.

Indemnity

You agree to indemnify and hold Prosoft Supplier and its Educational Partners harmless from all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of:

1. Your use or attempted use of the Platforms or Programs violates the Terms.
2. Your violation of any law or rights of any third party.
3. Information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination of Rights

You agree that Prosoft Supplier, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Prosoft Supplier believes that you have:

1. Breached the Terms.
2. Infringed the intellectual property rights of a third party.
3. Posted, uploaded, or transmitted unauthorized Content on the Platform.
4. Violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct.

You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Prosoft Supplier shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Prosoft Supplier may retain and store your information on Prosoft Supplier’ systems notwithstanding any termination of your account or enrolment into the Programs.

Miscellaneous Provisions

By accepting the Terms through your use of the Platform, you certify that you are 18 or older. Suppose you are under 18 or under the legal age in your jurisdiction to enter into a binding contract. In that case, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.

Prosoft Supplier may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program-specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Prosoft Supplier.

These Terms or any Program-specific terms shared with you shall be governed by, construed, and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Prosoft Supplier, you, or any third party to enforce these Terms or any Program-specific terms shared with you or in connection with any matters related to the Platform or Programs shall be subject only to the jurisdiction of the courts of Mumbai. Where a dispute arises, the parties involved shall make all reasonable efforts to resolving the dispute through good-faith negotiations. Suppose efforts to amicably resolve any dispute or claim between the parties are unsuccessful. In that case, such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity, or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Prosoft Supplier. The proceedings shall be conducted in English, and the seat for arbitration shall be Allahabad.

If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable. That provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions. Prosoft Supplier shall have no liability under these Terms or any Program-specific terms shared with you to the extent arising from any failure of Prosoft Supplier to perform any of its obligations under these Terms or any Program-specific terms shared with you due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Prosoft Supplier’ reasonable control. Prosoft Supplier shall not be responsible for damage or other problems caused by any unauthorized change to these Terms by hacking or cracking this page.

The failure of Prosoft Supplier to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you shall not constitute a waiver of such right or provision. Suppose any provision of the Terms or any Program-specific terms shared with you is invalid by a court of competent jurisdiction. In that case, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the extent that may lawfully be done. The other provisions of these Terms, or any Program-specific terms shared with you, shall remain in full force and effect. These Terms or any Program-specific terms shared with you constitute the entire agreement between you and Prosoft Supplier relating to the matters set forth herein. They shall not be modified except in writing, as posted on the Platforms by Prosoft Supplier, or through a specific writing between you and Prosoft Supplier.

Prosoft Supplier may freely transfer or assign any portion of its rights or delegate its obligations under the Terms or any Program-specific terms shared with you. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Terms or any Program-specific terms shared with you without the prior written consent of Prosoft Supplier, and any such attempted transfer or assignment shall be void and of no effect.

If you have any concerns or queries, you may contact us at support@prosoftsupplier.com