TERMS AND CONDITIONS
LAST UPDATED ON: 7 October 2023.
These Terms and Conditions (these “Terms and Conditions”) is a binding legal agreement between Evans Francis(the “Website”, “we”, “us”, or “our”), and any user (“User”, “your” or “you”) who accesses and uses the Website by checking a box agreeing to all the terms and conditions, agrees to these Terms and Conditions.
Please carefully read these Terms and Conditions and our Privacy Policy, Cookies Policy, and Cancellation and Refund Policy, all of which are incorporated into these Terms and Conditions by reference and may be found on the Website.
If you do not agree with these Terms and Conditions, you must stop using or accessing the Website immediately. Failure to use the Website in accordance with these Terms and Conditions may subject you to civil and criminal penalties.
These Terms and Conditions may be modified by us from time to time, and any amendments or variations thereto shall take effect from their date of publication on the Website.
1 KEY TERMS
In these Terms and Conditions, (i) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms have the meanings assigned to them herein below:
1.1 “Client” means a person that contracts or engages to book a Service;
1.2 “Content” means any and all text, graphics, images, music, software, video, audio, information, and other material, which are available on the Website;
1.3 “Party” or “Parties” means us, and the User referred to individually and collectively respectively; and
1.4 “Services” means the services advertised and explained by us on the Website.
2 WEBSITE
2.1 The User must complete the registration form on the Website to book a Service and get the user login access.
2.2 By using the Website, the Users, among other things, will be able to avail the following Services:
a) Online Courses; and
b) Coaching.
2.3 The Services are provided virtually.
2.4 When the User books a Service, booking confirmation will be provided on the e – mail address provided by the User at the time of registration.
3 PAYMENT
Payments may be made by credit card, debit card, or other payment methods as may be made available by us from time to time.
4 PRIVACY
Unless decreed by law and/or mutually agreed upon in written form with specifics of information allowed to be shared, the Parties shall not share, with any third party, information relating to the other Party.
5 DATA PROTECTION
Personal information supplied by User(s) during the use of the Website is governed by our Privacy Policy.
6 CONTENT
All Content posted on the Website, such as blog posts or ratings, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
7 THIRD PARTY CONTENT
The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites and we hereby expressly disclaim any representations regarding any third party content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites and/or third party content, you do so at your own risk.
8 DISCLAIMER OF WARRANTIES
8.1 User must acknowledge and agree that the Services are provided “as is” and “as available” and that the use of the Website and/or the Services shall be at the risk of the User. To the fullest extent permitted by applicable law, we, our affiliates, officers, directors, employees, and agents, disclaim warranties, express or implied, in connection with the Website and/or the Services and User’s use of them. To the fullest extent permitted by applicable law, we make no warranties or representations that the Services have been or will be provided with due skill, care, and diligence or about the accuracy or completeness of the Services and assume no responsibility for any:
a) errors, mistakes, or inaccuracies of Content;
b) personal injury of property damage, of any nature, whatsoever, resulting from User’s access to and use of the Website and/or the Services;
c) unauthorized access to or use of third-party server being used by us and/or any and all personal information stored therein;
d) interruption or cessation of transmission to or from the Website;
e) bugs, viruses, Trojan horse, or the like which may be transmitted to or through the Website, through the action of a third party;
f) errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website and/or Services;
g) errors or omissions, in advertising or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser on the Website;
h) material downloaded or otherwise obtained through the use of the Website or Services is done at User’s own discretion and risk and the User will be solely responsible for any damages to User’s computer system or other device or loss of data that results from the download of any such materials. We will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of services.
8.2 The use of the Website and/or Services is at the User’s sole risk. The Website is provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including but not limited to, any warranties of title or accuracy or fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.
8.3 We, our affiliates, officers, directors, employees, and agents do not warrant that: (i) the Website is or will be secure or available at any particular time, instance or location; (ii) any defects, material or not, or errors will be corrected; (iii) any/all Content or software available at or through the Website is free of viruses or other harmful components; (iv) any/all information is complete, accurate, up-to-date, or reliable; (v) any particular Service or Content referred to on the Website is safe, appropriate, or effective for Users; and (vi) using the Website and/or Services, provided by us, will meet your requirements.
9 LIMITATION OF LIABILITY
Except as required by applicable law, we, our affiliates, officers, directors, employees, and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by: (i) errors, mistakes, or inaccuracies on the Website and/or Services; (ii) personal injury or property damage resulting from your use of the Services; (iii) any unauthorised use of the Website and/or Services; (iv) any interruption or cessation of the Website and/or Services; (v) any viruses or malicious code transmitted to or through the Website; (vi) any Content, including your use of Content; and/or (vii) the removal or unavailability of any Content. This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
10 INDEMNIFICTION
10.1 The User agrees to indemnify, hold harmless and defend us, our affiliates, officers, directors, employees, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with: (i) User’s unauthorized use of the Website and/or the Services; (iii) User’s access to Website and/or the Services; (iv) User’s violation of any third party rights (v) User’s breach of these Terms and Conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.
10.2 We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify us and the User agrees to cooperate with our defence of these claims. We will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
10.3 This defence and indemnification obligation will survive these Terms and Conditions and your use of the Services.
11 INTELLECTUAL PROPERTY RIGHTS
It is understood and agreed by the User that we shall retain at all times all rights, title, and interests in the Website, technology, and intellectual property including, without limitation, trademarks, copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, market strategy, photographs, advertisements, written/printed material, music, lyrics, or any other work or thing owned, provided, or created by us for use by the Website pursuant to these Terms and Conditions. Our retention of such rights, title and interest in the Website, technology, and intellectual property shall survive the termination of these Terms and Conditions.
12 TERMINATION
We may terminate User’s use of the Website and deny access to the Services, in our sole discretion for any reason whatsoever. The User must agree that any termination of User’s access to the Website and/or the Services may be effected without prior notice. The User must agree that we shall not be liable to the User or any third party for the discontinuation or termination of User’s access to the Website and/or the Services.
13 GOVERNING LAW
The terms contained in these Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Maharashtra, India. Any dispute which may arise between the Parties pertaining to the implementation or interpretation of these Terms and Conditions shall be amicably settled, failing which the courts in Nagpur, Maharashtra, shall have the exclusive authority to settle the same.
14 DISPUTE RESOLUTION
14.1 All disputes arising out of or in relation to these Terms and Conditions, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
14.2 The venue/seat of arbitration shall be Maharashtra and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties.
15 MODIFICATION
We reserve the right, at our sole discretion, to modify the Website, Services, or to modify these Terms and Conditions anytime and without prior notice. If we modify these Terms and Conditions, we will post the modification on the Website. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Website and/or Services.
16 WAIVER
16.1 The User hereby, with this reference, waives their right to take legal action against us, including without limitation, our representatives, licensees, marketers, and any other related parties for the breach of any of these Terms and Conditions. Notwithstanding the foregoing, the User shall in no way have deemed to have waived their right to any legal action resulting from any material breach of these Terms and Conditions and/or any obligations mentioned within these Terms and Conditions for which they ought to have a legal remedy under appropriate law.
16.2 Our failure to enforce any right or failure to act with respect to any breach by a User(s) under these Terms and Conditions will not waive that right nor will it waive our right to act with respect to subsequent or similar breaches by the User(s).
17 MISCELLANEOUS
17.1 NOTICES TO USERS: Reports, statements, notices, and any other communications may be transmitted by us to Users via the email address specified by them in the form on the Website. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by us to User on the email address specified in form on the Website.
17.2 SUCCESSORS AND ASSIGNS: These Terms and Conditions shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
17.3 RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
17.4 FORCE MAJEURE: We shall not be liable for any failure or delay in performance of these Terms and Conditions, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of god, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
17.5 COUNTERPARTS: These Terms and Conditions may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument.
17.6 ENTIRE AGREEMENT: These Terms and Conditions along with other documents as and when updated on the Website, shall constitute the entire agreement between the Parties relating to the subject matter contained in these Terms and Conditions and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
17.7 SEVERABILITY: Any provision of these Terms and Conditions will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but these Terms and Conditions will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
17.8 SURVIVABILITY: All clauses that logically ought to survive the termination of these Terms and Conditions shall survive.
17.9 HEADINGS: Headings used in these Terms and Conditions are provided for convenience only and shall not be used to construe meaning or intent.
17.10 FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Website and/or the Services. By submitting any feedback, you acknowledge and accept that we are free to use such feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the feedback for any purpose.
17.11 AFFIRMATION OF PARTIES: The Users affirm that they have entered into these Terms and Conditions freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in these Terms and Conditions and have read and understood the terms and conditions contained in these Terms and Conditions.
17.12 GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include all genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms and Conditions and not to any provision or section.
18 CONTACT US
If you have any queries regarding these Terms and Conditions, feel free to contact us at +91-9960877313.
19 Refund
Kindly update the refund turnaround time on the website and the policy should include the number of days taken to process the refund and credit the amount to the customer’s bank account. (For e.g. 5-7 working days).
You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.
Effective as of 7 October 2023..