Terms & Conditions – www.digilatent.com and the DigiLatent Application

This website (www.digilatent.com) (“Site”, “Website” etc.) and Application (or “App”) is owned and operated by DigiLatent Solutions Private Limited (“the Company”, “We”, “Us”, or “Our” in this Agreement). We offer this Website and the Application, including all information, tools, and services available to You, the user (“You”, “User” which terms shall include any and all natural and legal persons represented by You), conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. These Terms of Use (“Terms of Service”, “Terms”) govern Your use of our Website, Application, and other services (“Services”).

 

By visiting our Website and/or purchasing/availing services from us, You engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, Users who are browsers, vendors, customers, merchants, partners, and/or contributors of content.

You may access the Service through a computer or mobile device (“Device”). These Terms govern Your use of the Service, regardless of the mode of access.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, You agree to be bound by these Terms of Service. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

We primarily offer Learning, Coaching, and Mentoring Services. As a part of our Services, We shall grant You access to our content, courseware, practice tests, and other information, documents, data which may be in audio/video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific certification training course You have registered for. Additionally, We may also grant You access to online sessions, assessments, and checklists as a part of our Services. (“Course(s)”, “Content”, "Session(s)").

 

Any new features or tools which are added to the current Website/App or other services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website without any notice to You. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. 

1. User Conduct

a. You are responsible for all Your activities in connection with the use of the Services. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties, and regulations in connection with such use. You shall not resort to any unethical practices while using the Services.
b. You agree and acknowledge that You are above 18 (eighteen) years of age to access the Courses and Services.
c. Without limitation, You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming", "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Services or any other third party whatsoever. However, if any such event does take place, We shall not be liable for any loss of data or if the User’s device, computer system, or any other property is compromised in any manner.
d. You acknowledge and agree that the Company has the right to report any and all such suspicious or illegal activity to the appropriate legal or police authorities without notice to You.
e. During Your use of the Services,

  • You will not harass other Users, attendees, support agents, or visitors;

  • not create an atmosphere of disharmony, hostility within community groups;

  • notify the relevant contact as provided under Paragraph 12 immediately if You become aware of any other Users breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to Services into which such User is enrolled.

f. We grant You a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Services till the time the completion of the course that You have enrolled for or termination of this Agreement according to the terms and conditions set forth herein, whichever is earlier. The Services are provided solely for Your personal and non-commercial use to assist You in completing the Course, Session, or Services You have registered for unless specifically provided otherwise. ("Restricted Purpose").
g. You are permitted online access to the Services and may download, save, or print the Content (or any content accessed by virtue of availing the Services) solely for the Restricted Purpose.
h. You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate or prepare derivative works offered in the course of the Services, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without our prior written consent.
i. Our terms on User conduct are also detailed in the community guidelines found here.

 

2. User Accounts

a. We reserve the right to require You to create a user account in order to access or use any part of the Services and You shall be responsible for maintaining the confidentiality of the details of the same. You are also liable and responsible for all activities that occur under and through Your User account.
b. You acknowledge that any information You provide through use of the Website is not confidential or proprietary and does not infringe any rights of a third party and that You are liable for any action or damages that may arise from use of such information provided.
c. You agree that the information provided by You is accurate, complete and current for any Services.
d. You agree that You will never divulge or share access to Your User Account with any third party for any reason. You also agree that You will create, use and/or access only one User Account, and that You will not use any User Account other than Your own.
e. 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.

3. Content Offered

a. We primarily offer Learning, Coaching, and Mentoring Services as part of our current Service offerings which may take place through third-party video conference platforms such as Google Meet and Zoom. Our services in this regard may be delivered either as on Demand (Pre Recorded), Cohort based courses, online sessions, assessments, and checklists.

b. Each course may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Courses, and our third-party 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.

c. We reserve the right to amend, revise or update the Content or the duration of the Content offered to You. In the event such amendment, revision, or updation occurs, We may require You to pay an additional amount of fees to access such amended, revised, or updated Content. 

4. Payment

a. We require payment to be made in advance for the entire Service opted for unless expressly stated otherwise. Upon receipt of payment, We shall grant access to the Content/Courses/Sessions for the time specified. The invoice may be provided to You along with the email confirmation or within 1 week thereafter. This shall be proof of delivery against the successful payment of fees.

b. We may also introduce seasonal discounts for certain Courses at our discretion.

c. Certain programs/Courses may have a custom trial period/window specific to that program/Course.

d. In the event of default in payment or inability to process payment, We may restrict access to our Services until We are able to process payment. Further, We are not responsible for any technical difficulties such as failure of payment while using third-party payment platforms. You are required to reach out to the relevant third-party payment platform to know the status of a payment or for any payment-related grievance thereof. We shall not be responsible for the decision and/or information conveyed by the third-party payment platform in this regard.

5. Refund and Cancellation 

a. The option of availing of a refund and the Refund policy is specific to each Course / Session and may not be applicable to all Courses/Sessions offered. Please review the specific terms for each Course / Session before signing up for it.

b. It is the sole responsibility of the User enrolling into a Course to check the accuracy of, and evaluate the suitability and relevance of, the Course elected. The enrollment into a Course is non-transferable.

c. Once You have enrolled for a particular Course, You cannot amend, cancel or revise Your subscription plan. Once You enroll and make the required payment, it shall be final and there cannot be any changes or modifications to the same. Further, there will be no refund once the User has made payment for the Course.

d. Without prejudice to the foregoing, a refund may be offered depending upon the nature of the program/Course selected only during the course of the trial period, at Our sole discretion.

6. Third-Party Information

a. Certain content and services available may include materials from third parties. Such parties may include but are not limited to those such as Circle (Privacy Policy and Terms & Conditions), Thinkific (Privacy Policy and Terms & Conditions) Wix (Privacy Policy and Terms & Conditions). We are not responsible for the affiliate links that You may access through third-party materials.

b. You acknowledge and agree that We provide access to such third-party materials “as is” and “as available” without any warranties, representations, or conditions of any kind.

c. We are not liable for any harm or damages related to the purchase of services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure You understand and agree with them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and the Company shall not be held liable for any damages whatsoever.

7. Intellectual Property Rights

a. All brand names, logos, and content hosted on the Website/App or seen in the course of availing the Services are the property of their respective owners. No license is granted to use any of the content/materials hosted on the Site or Services, in any manner whatsoever.

b. The Company expressly and exclusively reserves all applicable intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website, including its look and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of the Company and is protected under law.

c. The content/materials on this Website/App or seen in the course of availing the Services shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for Your personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. No adaptation or translation of the content is permitted without prior consent from the Company.

8. Privacy Policy

a. We may collect information about Your Device, including Your web browser, IP address, time zone, and some of the cookies that are installed on Your Device. Additionally, as You browse the Site, We may collect information about the individual web pages or products that You view, what websites or search terms referred You to the Site, and information about how You interact with the Site. We refer to this automatically collected information as “Device Information”.

b. We may collect information through any one or a combination of the following methods:

1. Cookies – These are data files that are placed on Your device or computer and often include an anonymous unique identifier.

2. Log Files – These track actions occurring on the Site, and collect data including Your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

3. Web beacons and tags - These are electronic files used to record information about how You browse the Site

c. If You purchase or attempt to purchase any Courses/Content/Sessions/Services from the Website or App, We may collect information such as Your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.) We refer to this information as “Order Information”.

d. We use all information collected to help optimize the Website and Service to improve Your experience, as well as to detect and minimize the risk of fraud. We may also use this data in any marketing or advertising campaigns that We choose to run.

e. We may share information with third parties to help Us improve our Services. We may also use Google Analytics and other third party analytics to help Us understand how our customers use the Service You can read more about how Google uses Your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

f. Finally, We may also share Your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information We receive, or to otherwise protect our rights.

g. The Privacy Policy is detailed here.

9. Representations and Warranties

a. The Site and Services are provided to You “AS IS”. We make no representations regarding the use, or the result of the Services mentioned on the Site in terms of their correctness, accuracy, reliability, or otherwise.

b. You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

c. In the preparation of the Application/Website/Services/Contents therein, every effort has been made to offer the most current, accurate, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limitation, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Application/Website/Services/Contents. Any feedback from User is welcome to make the Application and contents thereof error free and user friendly. The Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular 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.

d. While the Company has made efforts to train the personnel engaged in the services to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and is not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is welcome and Company reserves the right and discretion to take any action in this regard.

e. The Company is not responsible for any consequence that arises as a result of misuse of our application or any of our Services that may occur by virtue of any person including a minor registering for the Services/Courses provided. The Company reserves the right to terminate Your subscription and/or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years, or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification.

f. Some parts of the Services are interactive, and We encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We are not responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

g. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits the Company to contact him/her utilising the Services, through the above mentioned means at any time post registration.

h. Access to certain elements of the Services including coaching, mentoring services, and other services which We may offer, 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. Hence, subscription to the Application/Services or registrations do not automatically entitle the User to any and all 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.

i. The Services are compatible only with certain devices/tablets/instruments/hardware. The Company shall not be obligated to provide workable products and/or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company's products and Services. The Company reserves the right to upgrade the table/type of compatible devices as required from time to time.

j. The Company shall have no responsibility for any loss or damage caused to Your Device or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our Services.

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

10. Indemnification and Liabilities

a. You agree to defend, indemnify and hold harmless the Company, 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 Application/Website/Services; (ii) Your violation of any term of these Terms or any other policy of the Company; (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 Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

b. 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 Services.

c. 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.

d. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company 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.

 

DISCLAIMER: THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/COURSES AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

11. Limited License

a. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site, including creating a hyperlink for personal, non-commercial use. All rights not expressly granted to You in these Terms are reserved and retained by the Company and its affiliates.

b. We reserve the right at any time and for any reason to terminate Your license to use the Site/Services and to block and prevent Your future access thereto, including but not limited to use for unlawful purposes, transmission of unauthorized code/viruses, collection of personal information of other users, harassment, or defamation.

c. Notwithstanding anything above, We reserve the right to investigate any such occurrences that may involve such violations and cooperate with all relevant authorities who may be involved with investigating or prosecuting such violations.

12. Grievance Redressal

a. If you believe that any Content or information accessible through the Services violates the Terms of Use and/or any applicable laws, please notify the Company’s designated Grievance Officer via a written complaint. Relevant contact details for the Grievance Officer are as below:

Name: Grievance Officer

Address: DigiLatent Solutions Private Limited, Plot No 303/11b, South Street Nanjikottai, Thanjavur Tamil Nadu 613006 India

Email ID: contact@digilatent.com

 

b. Each complaint must specify and/or be accompanied with the relevant information/documents such as your contact details wherein your full name, address, telephone number, and email address are provided so that we may contact you in case of any clarifications, details of the violation clearly and specifically identifying and describing the violation claimed including the nature of the violation and how and in what manner is the content in question violative of any of the Terms of Use and/or any applicable laws, as claimed; necessary documents in support of your claim, wherever applicable; clear identification and description of the specific location(s)/URL(s) (for each material in case of more than one material) wherein the content which is claimed to be in violation is located on the Platform.

13. Feedback

a. Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.

14. General Provisions

a. Nothing contained in these Terms shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between the parties.

b. The headings in these Terms are for convenience only and shall not be used in its interpretation.

c. If any provision of these Terms is held to be unenforceable or invalid, such part of Terms shall be changed and interpreted to align with the objectives of the Terms to the greatest extent possible under the applicable law and the remaining provisions will continue in full force and effect.

d. The failure to exercise a right or to require performance of an obligation under these Terms by You shall not affect the Company’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach or constitute a waiver of any subsequent breach by You or through Your User Account.

e. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms at and the same are effective immediately upon posting to the Website. Your continued use of the Site thereafter constitutes Your agreement to all modified Terms. We may, without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice as served by the Company.

f. These Terms constitute the entire agreement between You and Us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

g. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be interpreted and applied to the greatest extent enforceable under applicable law.

15. Termination

a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

b. These Terms of Service are effective unless and until terminated by either You or the Company. You may terminate these Terms at any time by notifying Us that You no longer wish to use our Website. We may terminate the Terms at any time and may do so without notice, and accordingly deny You access to the Website, such termination will be without any liability to the Company

c. If in the Company’s sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms, We may terminate this agreement at any time without notice and You will remain liable for all amounts and obligations due up to and including the date of termination.

d. Upon any termination of the Terms by either party, You must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Terms or otherwise. Any such termination of these Terms shall not cancel Your obligation to pay for products already ordered from the Website or affect any liability that may have arisen under prior to termination.

16. Governing Law & Jurisdiction

a. The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India without reference to its conflicts of law/rules.

b. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts at Chennai, Tamil Nadu.

c. Without any prejudice to the above, the Company shall have the right to seek and obtain any interim relief from any court of competent jurisdiction to protect their trademarks, copyrights, or other intellectual property rights or confidential information or to preserve the status quo of the same pending the outcome of any judicial processes.

17. Contact Information

You may contact Us using the information below:

a. Contact: 9791046376

b. Address: DigiLatent Solutions Private Limited, Plot No 303/11b, South Street Nanjikottai, Thanjavur Tamil Nadu 613006 India