WeAgile – Training Terms and Conditions
By deciding to join a training offered by WeAgile and making the payment to WeAgile for any of its training program, workshops and meet-up, you as a trainee accept to abide by the terms and conditions that are outlined by WeAgile. The terms and conditions include the details mentioned in point #1 to point # 13 of this document. In case you want a copy of the terms and conditions you may request the same by writing us at contact@WeAgile.net
- Scope of this document
This constitutes an explicit agreement between We Agile and Trainee ( hereinafter referred to as the Trainee) that by showing Trainee’s interest either in person or through Trainee’s authorized representative or through an nomination from Trainee’s organization or through any form of electronic communication ( which may include but not limited to Email, fax, WhatsApp, SMS and all other electronic forms as dim-fit) Trainee has voluntarily approached We Agile and have shown his / her interest in acquiring the training, knowledge, skill set.
The relationship between Trainee and We Agile is that of an training organization and student and does not by any means, intention and action builds a relationship as Trainee as a customer and WeAgile as Service Provider.
By joining any form of training, meeting, conference and the allied activities that are being conducted by WeAgile; Trainee agrees to the terms and conditions, obligations, representations, warranties and agreements contained herein (the “Agreement”) that includes but not limited to following. Wherein it is explicitly understood that WeAgile may periodically publish the amendments to this agreement without any prior notice and as a responsible trainee; Trainee have an obligation to be aware about the modifications and amendments. In the event of any disagreement trainee is expected to raise the same on the official maid ID of WeAgile (contact@WeAgile.net) for expressing the disagreement about the agreement, modifications and amendments etc. failing to which it is construed that the same agreement, modifications and amendments etc. are in its totality accepted by the trainee.
- Content and Courseware
As a part of Training Activity brought to Trainee by We Agile we may allow Trainee access to our content, courseware 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 that Trainee has registered for (“Content and Courseware”).WeAgile reserve the right to amend, revise or update the Content and Courseware offered to Trainee and in the event such amendment, revision or updates occurs, Trainee agrees to pay an additional amount of fees to access such amended, revised or updated Content and Courseware.
All the content and the Courseware delivered to Trainee is restricted for Trainee’s personal use only and Trainee is not expected to reproduce, transmit, distribute, sub-license, broadcast, disseminate or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose. Being the each and every material delivered to Trainee through the training is an intellectual property, Trainee is solely responsible for its lawful possession and at any given time WeAgile will not be responsible for any kind of breach of the same.
- Usage of Personal Information of Participants
WeAgile reserve the right to feature Trainee’s picture in any photos, videos, or other promotional material developed by WeAgile. Further, WeAgile may use Trainee’s personal information to inform Trainee about other certifications, training courses offered by WeAgile. However, WeAgile shall not distribute or share Trainee’s personal information with any third party marketing database or disclose Trainee’s personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
- Intellectual Property Rights
Trainee hereby acknowledge and agree that he / she is in the possession of the content, courseware, 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 that Trainee has registered for and at any given point of time WeAgile has not granted them any kind of permission to reproduce, transmit, distribute, sub-license, broadcast, disseminate or prepare derivative works of the Content and Courseware, or any part thereof, in any manner or through any communication channels or means, for any purpose either for which WeAgile has the copyright or for any of the Institutes, Academy, Consortium or the Educational Bodies that WeAgile work with for the purpose of providing training. Trainee acknowledge and agree that this Agreement other than permitting Trainee to refer our Website for information purpose does not convey to Trainee in any manner or form any right, title or interest of a proprietary or any other nature in our business, on Website and the Content and Courseware.
- Behaviour and Conduct
Trainee hereby agree and acknowledge that he / she agrees to represent himself / herself in the most socially decent manner during the course of training, workshops, meetings and any other allied activities and at any given point of time does not indulge in any kind of activity that disturbs the social peace, decency and the lawful conduct of training. Trainee also agrees that he / she will observe her social decent behaviour that includes but not limited to; being in any kind of alcoholic or toxic influence during the training, smoking in the restricted areas etc.
Trainee hereby agree and acknowledge that he / she will adhere to the training participation request made by the trainer, facilitator, administrator from time to time during the course of training and failing to this and above the trainer, facilitator, administrator reserves the right to prohibit the Trainee from further attending the training. In such incidences WeAgile will not be responsible for bearing any loss of the Trainee may it be of any direct and consequential nature.
- Limitation of Liability
Trainee acknowledges and agrees that use of the Website, the Content and Courseware are at Trainee’s sole risk. We do not warrant that the Website or the Services or access to the Content and Courseware will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Website, the Services or the Content and Courseware or as to the accuracy or reliability of any information provided through the Website, the Services or the Content and Courseware. In no event WeAgile or any person or entity involved in creating, producing or distributing the Website, the Services or the Content and Courseware be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, the Content and Courseware.
The disclaimer of liability contained in this clause applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action. Trainee hereby specifically acknowledge that WeAgile is not liable for any defamatory, offensive, wrongful, or illegal conduct of third parties, or other users of the Website, the Content and Courseware and that the risk of damage or injury from the foregoing rests entirely with each user.
Trainee agree that WeAgile’s liability or the liability of our proprietor, affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the WeAgile offerings or the Content and Courseware shall not exceed the fee Trainee paid to Us for the particular certification training course.
- Term and Termination
This Agreement will become effective upon Trainee’s acceptance of the terms of this Agreement by Trainee’s agreeing and paying the required fees or signing the attendance sheets , subject to the terms and conditions of this Agreement, will remain in effect until terminated by WeAgile by serving a notice of termination.
We reserve the right to terminate this Agreement and block Trainee’s access to the Content and Courseware with immediate effect by sending a written notice through email to Trainee to this effect (“Immediate Termination Date”), if such termination is made as a result of Trainee’s misrepresentation, default, misconduct or breach of Trainee’s obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, We shall be authorised to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
Trainee agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees and agents, harmless from and against any and all claims, losses, damages, liabilities and expenses including attorneys’ fees, arising out of Trainee’s unauthorised use of the Website, the Content and Courseware or any violation or grievance or breach of this Agreement or any provisions hereof.
Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
In the event any provision of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
- Governing Law and Jurisdiction
For any kind of dispute this agreement will be governed by and construed in accordance with the Laws of India and in the courts of Pune, Maharashtra India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement. In no event, the Trainee will ask or demand for any injunction, transfer of the matter to any other courts other that courts of Pune, Maharashtra.
- Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to Trainee. We shall however publish the revised agreement on the Website so that Trainee is aware of the revisions, modifications and amendments made by WeAgile to this Agreement. Trainee acknowledges and agrees that it is Trainee’s responsibility to check the Website periodically for any revisions, modifications and amendments. Trainee are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and Trainee only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
- Entire Agreement