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Terms of Service

Please read the following terms and conditions very carefully as your use of our services is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By accessing this website or application and using any of our services you agree that you have read, understood, and are bound by the Terms.

These Terms constitute an electronic record following the provisions of the Information Technology Act, 2000 and Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Rules”) thereunder, as amended from time to time

In these Terms, references to “you”, “User” shall mean the end user accessing [www.tgmacad.com] “Website”, and/or the web application [tgmacad] [collectively referred to as “tgmacademy Platform”] its contents and using the Services offered through the tgmacad Platform [“Services”]. “We”, “us” and “tgmacad”, “our” shall mean TGM Academy, its predecessors and successors in interest.

We reserve the right to change the terms and conditions of these Terms from time to time except as required by law and it is your responsibility to look through them as often as possible.

The tgmacad Platform and services may be software that is downloaded to your computer, phone, tablet, or other mobile device and you agree that we may automatically update this software and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

These Terms constitute an electronic record following the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Accounts

You need to register to use our Services and access most Courses on our Platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us at Email: [email protected]

By creating an Account on our Platform you confirm that you are over the age of 18 years and are authorized to enter into Contracts including this with tgmacad. As a minor, if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents as evidenced by the Payment made for the Courses.

You need an account to engage our Services on our platform, including to purchase and enroll in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a name, phone number, and a valid email address, and other relevant information as sought by tgmacad. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account.

Content

When you enroll in a Course, you get a license from us to view it via the tgmacad Platform and no other right. You shall not transfer or resell or provide access to any of the courses to any third party in any way.

The Courses are conducted by individual Mentors. The tgmacad Platform facilitates your access to the Courses offered by the Mentors along with interaction and mentorship opportunities.

tgmacad grants you a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, following these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited.

You may not copy, reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course or content unless we give you explicit permission to do so in a written agreement.

In the preparation of the Platform, courses, and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, tgmacad disclaims any responsibility for any errors and accuracy of the information that may be contained in the Platform. Any feedback from you is most welcome to make the Platform and contents thereof error-free and user-friendly. The Platform also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice.

Access to certain elements of the Services including Q & A sessions, mentoring services, access to the Community, etc may be subject to separate terms, conditions, and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Subscription to the Courses or registrations do not automatically entitle the User to any elements of Services provided by the Company and the Company shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services at Our discretion

Certificate Courses:

You may receive a certificate of completion issued by tgmacad when you complete a Course on our Platform.

When you enroll in a Course or Program you will have to enter into a Program Facilitation Agreement with tgmacad which will have Program specific terms and conditions.

User-Generated Content

You may post content, comments, questions, reviews on our courses on our Platform and participate in our online community [User Content].

To the extent that you provide User Content, you grant tgmacad a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights tgmacad may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Payments

Fees:

The fees of courses on tgmacad are fixed and non-negotiable. We may from time to time run offers and promotions with certain specific conditions and terms during which time certain courses may be available at discounted fees for a specific period of time.

The fees applicable to a course will be the fees at the time you complete your purchase of the course (at checkout). Any fees offered for a particular course may also be different when you are logged into your account from the fees available to users who aren’t registered or logged in.

tgmacad offers its Courses under different fee structures including a Deposit and Refund model. Depending on the Course and the fee structure that you have chosen, you will need to enter into a Program Facilitation Agreement with tgmacad.

While we take every precaution to generate invoices as per the payments received, if there is an error in the invoice or the prices on the invoice please contact us immediately and we will have them rectified.

Payments:

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. tgmacad works with third-party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within seven (7) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.

We use a third-party payment processor/gateway to process payments. If a payment has been made and money has been deducted from your account it may take up to 7 days to reflect in our accounts if there is a technical error. We will make every effort to ensure that the third-party payment service provider either transfers the money to us or refunds it to your account as per common practice.

Cancellation:

Given the nature of the services that we provide, once you have access to online content we have rendered our services. Should you choose to cancel your enrollment within 2 hourse of making the payment, we may accept your cancellation and you may be entitled to a refund as per our refund policy mentioned in the paragraph below.

Refunds:

In general, we do not offer refunds. In special circumstances, if specifically sought for and you have made a payment and request for a refund before accessing any of the content of the Course we may accept your request for a refund. You can request a refund by emailing us at the email mentioned for grievance redressal below.

If your cancellation request is received within 2 hourse of paying the fees for a specific program, we may issue a refund of up to 75% of the course fee. If we receive your request beyond 2 hourse you will not be eligible for a refund.

Depending on the fee structure you have chosen, the cancellation and refund may be as per the terms of the Program Facilitation Agreement that you executed with us.

At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, deactivate your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or our you will not be eligible to receive a refund.

Restrictions on Use of Platform

Your use of our Platform and Services is solely for Your personal and non-commercial use. Any use of the Platform, Services, or courses or their contents other than for personal purposes is prohibited. Your personal and non-commercial use of this Platform or our Services and/or Courses shall be subjected to the following restrictions:

1. You may not decompile, reverse engineer, or disassemble the contents of the Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or our Website/Application and/or Services/Courses, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.

2. You will not use this Platform for commercial purposes of any kind, nor advertise or sell the Platform nor solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, nor use the Platform in any unlawful way, or harms tgmacad or any other person or entity as determined by tgmacad.

3. You shall not be permitted to perform any of the following prohibited activities while availing of our Services or using our Platform:

4. Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.

5. Alter or modify any part of the Services or Content or Course information.

6. Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

7.Interfering with any other person’s use or enjoyment of the Platform.

8. Making, transmitting, or storing electronic copies of materials and/or content protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property, or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.

9. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

10. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or such other programs that may harm the Platform, interests, or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.

11. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites.

12. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites.

13. Access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Application/Website is hosted.

14. Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Platform, violate any requirements, procedures, policies, or regulations of networks connected to the Platform, or engage in any activity prohibited by these Terms.

15. Use deep-links, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform.

16. Use the Services for purposes that are not permitted by these Terms and/or any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdiction.

Intellectual Property

tgmacad Intellectual Property:

Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script, and audio, contained in the Platform, Application, Website, Services are proprietary property and vest exclusively with tgmacad. No Intellectual Property may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from tgmacad, and nothing in the Platform, Application or Website or Services shall be deemed to confer a right of ownership or any other right, interest or title to or in any of the intellectual property rights belonging to tgmacad, to the User. You may own the medium/device on which the information, content, or materials resides, but tgmacad shall at all times retain full and complete title to the information, content, or materials and all intellectual property rights communicated by tgmacad through such medium.

IP Infringement Take Downs:

tgmacad respects the intellectual property rights of others. If you believe that material located on or linked to by the Platform violates your copyright or intellectual property you are encouraged to notify us at [[email protected]].

tgmacad will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Privacy Policy

The User hereby consents, expresses, and agrees that he/she has read and fully understands the Privacy Policy of tgmacad in respect of the Platform which can be found here. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

Grievance Redressal

We make all our best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at :

Grievance Officer (provided in accordance with the IT Act, 2000 and its rules): [[email protected]]

Customer Support: Reach out to us at [[email protected]], in case of any queries.

Disclaimer

Our Platform provides you with access to compiled educational information and related sources which are conducted by Mentors. Such information is provided on an As-Is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Platform. We would not be responsible for any errors, which might appear in such information, which is compiled from third-party sources, or for any unavailability of such information.

From time to time the Platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without tgmacad’s prior written consent.

The contents of the Platform are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Platform is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. tgmacad acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods on the Platform does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Platform or usage of our Platform does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

tgmacad’s Platform, including the content, may be compatible only with certain devices/tablets/instruments/hardware. tgmacad shall not be obligated to provide workable products and/or services for any instruments that are not recognized by tgmacad or those instruments that may be purchased from any third party which are not compatible with the Platform and Services. tgmacad reserves the right to upgrade the tablet/type of compatible devices as required from time to time.

The tgmacad Platform is hosted on third-party servers and may be subject to routine maintenance. If scheduled maintenance is to take place, tgmacad will inform you beforehand by giving you a day’s notice if possible. If the servers/services are down and not working on account of a server failure tgmacad shall not be liable for any losses.

tgmacad has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Platform or the Services as it deems fit at any time without notice. Further, tgmacad has the right to amend these Terms from time to time without prior notice to you. tgmacad makes no commitment, express or implied, to maintain or continue any aspect of the Platform. You agree that tgmacad shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Platform/Services. All prices are subject to change without notice.

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. tgmacad SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. tgmacad FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability and Indemnification

To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability or otherwise and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

You agree to defend, indemnify and hold harmless tgmacad, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) Your use of and access of the Website/Services; (ii) Your violation of any term of these Terms or any other policy of tgmacad; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

In no event shall the Company, its officers, directors, employees, partners, or agents be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website.

In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

Termination and Suspension:

Any violation by You of the terms of may result in immediate suspension or termination of Your Account apart from any legal remedy that tgmacad can avail. In such instances, tgmacad may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

Miscellaneous

1. Notices: All notices served by tgmacad shall be provided via email to Your account or as a general notification on the Platform. Any notice to be provided to tgmacad should be sent to [[email protected]]

2. Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Platform from time to time, constitute the entire agreement between tgmacad and You concerning Your access to or use of the Platform, Application, Website, and the Services thereof.

3. Severability: If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

4. Waiver: Any failure by tgmacad to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by tgmacad of that provision or right.

5. Relief: In the event of You breach any of these Terms, You agree that tgmacad will be irreparably harmed and may not have an adequate remedy in money or damages. tgmacad, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. tgmacad’s right to obtain such relief shall not limit its right to obtain other remedies.

6. Disputes: The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Erode and You hereby accede to and accept the jurisdiction of such courts.

7. Review: tgmacad provides these Terms so that You are aware of the terms that apply to your use of the Platform and Services. You acknowledge that tgmacad has given You a reasonable opportunity to review these Terms and that You have agreed to them.

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