( A ) TERMS AND CONDITIONS OF SERVICE
1. INTRODUCTION
These Terms and Conditions of Service (“Terms and Conditions of Service”) govern the use by of the Services (defined below) provided by AEVRFH LEARNING (“AEVRFH LEARNING” or “We, “we” or “Us”, us” or “Our, our”) to YOU (“You”, “you” or “your”, “Your” or “User”). The Services are provided to you by AEVRFH LEARNING PRIVATE LIMITED, a private limited company bearing CIN U80903RJ2021PTC073291 having its registered address at A-104, Mahima Panache, Near Maharana Pratap Circle, Sanganer, Jaipur, Rajasthan, India – 302033.
The Services provided by AEVRFH LEARNING include inter alia:
- Educational services.
- Online education services for courses, certifications and/or qualifications.
- Platform for providing educational services.
- Any educational, professional or vocational courses, certifications and/or qualifications related educational services provided by AEVRFH LEARNING.
collectively the “Service(s)”.
2. DEFINITIONS
2.1. “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India.
2.2. “AEVRFH LEARNING Information/Data” shall mean any and all information relating to the User provided to AEVRFH LEARNING by the User at his sole discretion in order to use or avail off the Services.
2.3. “Content” shall include (but is not limited to) any material, reports, surveys, notes, course material, course or syllabus data, content, images, course description, videos including course videos, or other materials or information of any type.
2.4. “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process and course study material.
2.5. “User Information” shall mean information that you share or transmit in connection with availing of the Services by you, and any other material that you provide for registration with AEVRFH LEARNING in connection of our Services for courses, certifications and/ or qualifications.
3. MODIFICATION
We may amend or update or change these Terms and Conditions of Service time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Service. We recommend that you review these Terms and Conditions of Service on a routine basis to view any changes. The date of the last revision or update appears on top of the title. Your use of the Service after any such amendment or change in the terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended terms.
PLEASE READ THIS TERMS AND CONDITIONS OF SERVICE CAREFULLY. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS AND CONDITIONS OF SERVICE, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF SERVICE AND PRIVACY POLICY THEN DO NOT USE OUR SERVICES.
4. USER REGISTRATION AND SECURITY
In order to provide you the Services, you will have to provide us with certain information such as details about yourself, including, your name, email id, mobile phone number, current address, postal address, pin code, country, state, city, date of birth, highest completed qualification, ACCA registration number for registration with AEVRFH LEARNING and for providing the courses, certifications and/or qualifications related educational Services, that you opt for. This information will be collected, stored, and processed in accordance with our Privacy Policy. You agree that you are eligible register only one User profile. You are not permitted to register on behalf of any other individual other than yourself. You agree not to register and use an identity which is fraudulent or use the registration of another user. You can delete/unregister your registration anytime by submitting a request to SUPPORT@AEVRFHLEARNING.COM. We may require additional information from the User in order to enable us to verify your registration before the deletion of your registration. In case you delete/unregistered your registration, we shall have the option not to provide our services to you.
5. USER CONTENT
You acknowledge and agree that neither AEVRFH LEARNING nor any third party service providers are responsible for the Content of any material submitted, transmitted or shared by you to AEVRFH LEARNING including but not limited to theses, dissertations, course notes, subject material etc. You are permitted to use the Services for your personal use and not for any commercial use. By submitting User Content during the use of our Services, you permit us the right to store that information with us. You agree and understand that you must evaluate the submission of such User Content to Us. You hereby agree that you shall, defend, and hold harmless AEVRFH LEARNING for all claims resulting from User Content provided by the you to AEVRFH LEARNING. You hereby warrant that you will submit only such User Content which does not violate any Intellectual Property Rights or property rights of any third party. The obligation to maintain the accuracy and correctness of the User Content remains with you.
6. AEVRFH LEARNING CONTENT AND INTELLECTUAL PROPERTY RIGHTS
You understand that any material, Content and its arrangements that appears as “AEVRFH LEARNING content” or “AEVRFH LEARNING Content” are owned by or licensed to AEVRFH LEARNING, subject to copyright or other Intellectual Property Rights held by third parties. Accessing or using our Services does not give you ownership of any Intellectual Property Rights of AEVRFH LEARNING.
7. RESTRICTIONS
You agree, undertake and confirm that Your use of the Services shall be strictly governed by the following binding principles and You agree not to:
7.1. Alter or modify any Content of our Services.
7.2. Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any AEVRFH LEARNING Content, without the prior written permission of AEVRFH LEARNING.
7.3. Use our Services or share material that you did not create or that you do not have permission to use.
7.4. Modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials that may be provided to you.
8. LIABILITY
We do not make any claims, promises, or guarantees about the accuracy, completeness, of the Content available through the Services and You understand that we will not be liable for errors and omissions in the Content available through the Services. Reference through our Service to any specific courses, certifications and/or qualifications are for the information and convenience of the public and does not constitute endorsement or recommendation by us.
9. INDEMNIFICATION
To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold AEVRFH LEARNING and its directors, employees and third parties associated with the Services harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms and Conditions of Service.
10. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
We respect the Intellectual Property Rights of others and You agree to protect AEVRFH LEARNING Intellectual Property Rights and the intellectual property rights of all others having rights in the Services during and after the term of this Terms and Conditions of Service. We restrict Users from transmitting or submitting materials that violate the Intellectual Property Rights of third parties. When we receive notification of alleged copyright complaints that do not comply with the Copyright Act, 1957, we promptly remove or disable access to the illegal infringing material. We may also terminate the accounts of the infringers. If you are a copyright owner or an agent thereof and you believe that any content provided through the Service that infringes upon your copyrights, you may submit a notice to us at SUPPORT@AEVRFHLEARNING.COM
11. NO WARRANTIES
You expressly understand and agree that all information, content, materials, or your use of the service is at your sole risk and that the service is provided on an “as is” basis without any warranties of any kind, whether express or implied.
AEVRFH LEARNING, ITS DIRECTORS, EMPLOYEES, AND ANY THIRD PARTIES ASSOCIATED WITH THE PROVISION OF THE SERVICES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. AEVRFH LEARNING , ITS DIRECTORS, EMPLOYEES, AND ANY THIRD PARTIES ASSOCIATED WITH THE SERVICES, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, QUALITY, SUCCESS TO THE COURSES, CERTIFICATIONS AND/OR QUALIFICATIONS, OR JOB PLACEMENT AFTER COMPLETION OF SUCCESSFUL COURSES, CERTIFICATIONS AND/OR QUALIFICATIONS AND NO USER SHALL HAVE ANY REMEDY AGAINST AEVRFH LEARNING , ITS DIRECTORS, EMPLOYEES, AND ANY THIRD PARTIES ASSOCIATED WITH THE SERVICES WITH RESPECT TO THE SAME.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL AEVRFH LEARNING OR ITS DIRECTORS, EMPLOYEES, OR ANY THIRD PARTIES ASSOCIATED WITH THE RENDERING OF THE SERVICES, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SERVICES, LOSS OF LIFE, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR THE WEBSITE OR THE CONTENT ACCESSIBLE THROUGH THE SERVICE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT THE LIABILITY OF AEVRFH LEARNING , ITS DIRECTORS, EMPLOYEES AND ANY THIRD PARTIES ASSOCIATED WITH THE SERVICES IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, THE AGGREGATE OF RS.1000 (RUPEES ONE THOUSAND ONLY).
13. COURSES, CERTIFICATIONS AND/OR QUALIFICATIONS DESCRIPTION
You agree that there may be information regarding our Services that may contain typographical errors, inaccuracies, or omissions that may relate to a course, certification and/or qualification or educational descriptions, fees payable and availability. AEVRFH LEARNING reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
14. PAYMENT
Payments of fees for the courses, certifications and/or qualifications related education services can be made through normal banking channels only vide bank transfers. Bank transfers through the UPI mode is accepted by us. Credit card and debit card modes of payment are not accepted by us. While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or any payment issues arising out of the transaction; and (c) or decline of transaction for any other reason/s. All payments to be made shall be as per our invoice terms and conditions.
15. TERMINATION
AEVRFH LEARNING may, in its sole discretion, choose to delete or withdraw your registration, other information, or User Content, and/or prohibit you from using or accessing our Services without any notice, if you have violated any of the provisions in this Terms and Conditions of Service.
16. REPRESENTATION AND WARRANTIES
You represent and warrant that:
16.1. All registration information you submit are true, accurate, current, and complete and not misleading in any manner.
16.2. You have the requisite educational qualifications to enrol for courses, certifications and/or qualifications provided through our Services as represented by you.
16.3. You have never been convicted of or been charged with or are on trial for any offence including any offences for moral turpitude.
16.4. You are in compliance with all Applicable Laws when you access and use the Services.
16.5. You agree to use the Services only in compliance with these Terms and Conditions of Service and Applicable Laws.
16.6. You agree to use the Services in a manner that does not violate legal rights of AEVRFH LEARNING or those of any third parties.
17. CONTACT US
If you have any questions concerning the Terms and Conditions of Service or any complaints, please contact us at SUPPORT@AEVRFHLEARNING.COM.
18. CONSENT FOR RECEIPT OF PHONE CALLS, SMS AND/OR E-MAILS
Your use of the Services shall be deemed to be your consent to be contacted by AEVRFH LEARNING:
(i) on the mobile number shared by you.
(ii) by way of SMS or email notifications or messages in any other electronic form.
19. FORCE MAJEURE
AEVRFH LEARNING will not be liable for delay or failure to perform its obligations under these Terms and Conditions of Service and shall not entitle you to raise any claim against AEVRFH LEARNING or be a breach hereunder to the extent that such failure arises from an event of Force Majeure Event. Force Majeure Event includes any war, civil commotion, strike, governmental action, lockout, accident, pandemic, epidemic or any other event of any nature or kind whatsoever beyond the control of AEVRFH LEARNING.
20. MISCELLANEOUS
20.1. Governing Law and Jurisdiction: These Terms and Conditions of Service is governed by the laws of the of India. Any claim related to any dispute arising as a result of use of the Service or under these Terms and Conditions of Service will be made before a court of competent jurisdiction located in Jaipur.
20.2. Dispute Resolution: All disputes and differences arising out of or in connection with any of the matters set out in this Terms and Conditions of Service, shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. AEVRFH LEARNING shall appoint the sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English, and the seat and venue of arbitration shall be Jaipur. AEVRFH LEARNING shall have the ability to obtain interim, injunctive or equitable relief as permissible under Applicable Law.
20.3. No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and AEVRFH LEARNING as a result of these Terms and Conditions of Service or your access to or use of the Service.
20.4. Headings: Headings used in these Terms and Conditions of Service are for reference purposes only and in no way define or limit the scope of the section.
20.5. Severability: If any provision of these Terms and Conditions of Service is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
20.6. Waiver: The failure of AEVRFH LEARNING to act with respect to a breach of these Terms and Conditions of Service by you or others does not constitute a waiver and will not limit AEVRFH LEARNING rights with respect to such breach or any subsequent breaches.
20.7. Survival: The obligations under the provisions of section 6, 12 and 20 will survive any expiration or termination of this Terms and Conditions of Service.
20.8. Entire Agreement: This Terms and Conditions of Service and the Privacy Policy constitute the entire agreement between You and AEVRFH LEARNING and govern your use of the Services, superseding any prior agreements between You and AEVRFH LEARNING.
BY AVAILING OFF OUR SERVICES AND/OR REGISTERING WITH AEVRFH LEARNING YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF SERVICE AS SET OUT HEREIN ABOVE.
( B ) ACCA QUALIFICATION RELATED TERMS AND CONDITIONS OF SERVICE
NOTE : PLEASE NOTE THAT THE ACCA QUALIFICATION RELATED SERVICES ARE DELIVERED UNDER THE ENTIRE PROVISIONS OF THE PRIVACY POLICY AND THE TERMS AND CONDITIONS OF SERVICE (MENTIONED HEREIN ABOVE ) AS SET OUT BETWEEN YOU AND AEVRFH LEARNING. BY AVAILING OFF OUR ACCA QUALIFICATION RELATED DELIVERY SERVICES YOU ARE CONSENTING TO THE PRIVACY POLICY AND THE TERMS AND CONDITIONS OF SERVICE AS SET OUT BETWEEN YOU AND AEVRFH LEARNING.
1. SERVICES DELIVERY STRUCTURE
1.1. You will have to fill an online registration form of AEVRFH LEARNING before attending live online classes ( trial classes ) for ACCA qualification. In which we shall collect basic information such as your name, e-mail id, mobile number, location, current and postal address, pin-code, date of birth, highest completed qualification, city, state, country and ACCA registration number etc.
1.2. You will have to execute the registration process at ACCA portal to register as an ACCA student at your own. Formal guidance shall be given to you for the process.
1.3. We shall provide the qualification education services related learning and/or teaching sessions/classes through LMS integrated video communication services platform or directly through video communication services platform, as may be the applicability and same shall be subject to change at the sole discretion of the AEVRFH LEARNING and AEVRFH LEARNING owes no responsibility to provide you any information regarding such change.
1.4. You will be allowable through LMS (1) to access the classes recordings of the enrolled session/sitting and subject paper, for which this fees is applicable upon your request from your registered e-mail id for further maximum two continues sessions/sittings and (2) unlimited free enrolment (Live Online/Recorded enroll format)at your request from your registered e-mail id in any further session/sitting classes of the same subject paper, for which this fees is applicable (books and classes extended recordings access will not be applicable )within 2 years from the end of the enrolled session/sitting and subject paper for which this fees is applicable , in case you unfortunately don’t pass in the enrolled session/sitting and subject paper for which this fees is applicable Above mentioned terms will be subject to change at the sole discretion of the AEVRFH LEARNING and AEVRFH LEARNING owes no responsibility to provide you any information regarding such change. However if you already raised the invoices under above mentioned terms will prevail the services as per the terms regardless to such change.
1.5. Synchronous attempts of use of LMS log-in credentials at two different devices will be a violation of our services and we shall take necessary actions as per applicable law. Therefore you ( actual user ) is advised not to share log-in credentials with any one else other than the you being actual user.
1.6. You ( actual user ) will be solely accountable for all activities that occurs into your LMS log-in account. And you will use access only one ( own user account ) and you are also not permissible to use any LMS user account other than your own ( actual user ) account.
1.7. All classes would be the live online classes only and they are by default recorded in the clouds of the respective video communication services platform. We don’t facilitate to any face to face learning and/or teachings.
1.8. You will be provided with back up recording’s access of all the live online classes.
1.9. These recording(s) shall be in nature of view only, non sharable, non downloadable and specified time limit to access.
1.10. Any unauthorised use, share, unlawful act with such recording(s) will be prohibited and AEVRFH LEARNING may opt for applicable lawful actions available in the event of such act.
1.11. We shall/shall not provide you with teaching/learning electronic/hard copy material for only first enrolled session/sitting and subject paper ( regardless if you already appeared for that particular subject paper in any earlier session/sitting on your own or with any other institution) with us. And same shall be subject to change at the sole discretion of the AEVRFH LEARNING. And AEVRFH LEARNING owes no responsibility to provide you any information regarding such change.
1.12. You will have to evaluate the relevance, suitability and appropriateness of the ACCA qualification at your own, before registering with AEVRFH LEARNING and making any fees for our ACCA qualification related services. AEVRFH LEARNING will not be responsible and accountable for your ultimate decision and same shall remain rightful with you only, at the sole discretion of you.
1.13. We shall/shall not bear your ACCA student registration fees incurred at ACCA portal, as to register as an ACCA student. And same shall be subject to change at the sole discretion of the AEVRFH LEARNING. And AEVRFH LEARNING owes no responsibility to provide you any information regarding such change.
1.14. After 8 continues live online classes ( sessions ) absence without any information and having all way possible follow-ups. In such an event we shall consider you a left-out and shall turn down your LMS log-in credentials into a non accessible state.
1.18. First 2 live online classes of the enrolled session/sitting and subject paper, will be considered as TRIAL CLASSES.
2. PAYMENT, NON-PAYMENT AND REFUND POLICY
2.1. We will accept the fees through normal banking channels only vide bank transfers. Bank transfers through the UPI mode is accepted by us. Credit card and debit card modes of payment are not accepted by us.
2.2. You have to pay the 10% booking amount of tuition fees before the commencement of the first live online class (trial class) as per the PROFORMA INVOICE for the enrolled session/sitting and subject paper the fees is to be paid. Failing which student will not be allowed to undergo for same.
2.3. You have to decide based on their experience within 2 days, after attending the first 2 live online classes ( trial classes ) of the enrolled session/sitting and subject paper, that whether you choose to proceed further or not with the live online classes.
2.4. You have to let us know your standings for same through your registered e-mail id at our provided official e-mail id.
2.5. If you choose not to proceed further with the live online classes after attending the first 2 live online classes (trial classes) of the enrolled session/sitting and subject paper for which the tuition fees booking amount is paid, the said booking amount will be refunded back through bank transfer into your shared bank account details. And the related PROFORMA INVOICE will stand and remain VOID for all future references. Your registration with AEVRFH LEARNING will also stand and remain VOID for all future references, and we shall also not retain your information with us anymore.
2.6. If you choose to proceed further with the live online classes, of the enrolled session/ sitting and subject paper, you have to pay the total balance outstanding fees amount including the applicable GST of the enrolled session/ sitting and subject paper, as per the PROFORMA INVOICE before the commencement of the 3rd live online class.
2.7. If you failed to pay the total balance outstanding fees amount including the applicable GST before the commencement of the 3rd live online class of the enrolled session/ sitting and subject paper, for which the fees were to be paid as per the PROFORMA INVOICE. You will not be allowed to under go for the live online classes, and the related PROFORMA INVOICE will stand and remain VOID for all future references. Your registration with AEVRFH LEARNING will stand and remain VOID for all future references, and we shall also not retain your information with us anymore.
2.8. Once the full fees including the applicable GST is paid for the enrolled session/ sitting and subject paper as per the PROFORMA INVOICE, you will be provided with TAX INVOICE for same.
2.9. Once the TAX INVOICE is issued to you, thereafter any request of fees refund as a full or any part of thereof will not be accepted, during the enrolled session/sitting and subject paper, for which the fees is paid and any time afterwards. And the related fees will stand and remain NON REFUNDABLE for all future references.
3. ATTENDANCE
We shall have the record of your attendance in LMS and/or otherwise in case of video communication services platforms used. Illness, religious obligations and other inevitable compelling circumstances beyond of control will only be allowed for absence. More frequent absence will be seriously undertaken and addressed effectively.