1. General
“academyofaccounts.org” (hereinafter, the “Website”) is owned and operated by CA Naresh Aggarwal’s Academy of Accounts (hereinafter “AOA”), having its office at K-83, West Patel Nagar, New Delhi-110008, India. You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that you have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website. This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures. For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting, accessing, browsing through and/or using the Website at any point in time. The term “We”, “Us”, “Our” shall mean and refer to the website and/or the proprietor firm, depending on the context. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value. We hold the sole right to modify the Terms of Service without prior permission from you or providing notice to you. Pricing of the product is at the sole discretion of the promoter/developer of the product, and is subject to change without prior intimation. AOA reserves all rights to change/modify the cost of the product without prior intimation. The relationship creates on you a duty to periodically check the Terms of Service and stay updated on its requirements. If you continue to use the Website or avail of any of its services without registration following such change, this is deemed as consent by you to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations if any.
2. Services Overview
The Website is an online platform where users can gain access to materials that help them to prepare for various academic and professional exams. The User can register themselves online and then gain access to the video lectures and study material etc. (“Content”) after paying the money for the ‘Content’. The ‘Content’ shall be unlocked based on the amount paid for such ‘Content’. The Users shall make a subscription till a defined period for the ‘Content’ from the platform. A hard copy of the ‘Content’ will not be provided in any condition to any User. We reserve the right to change the mode of delivery of ‘Content’ from website to mobile app or pen drive or any other media form in case of any interruption in delivering the ‘Content’ . We do not guarantee that the content will be available to the user all the time. Our services can be interrupted during server problems, site maintenance website bugs, etc. For the period of interrupted service, users will be provided extra days for the loss of time but no refund will be provided for any type of interruption.
3. Registration
To use the services provided on the website and make purchases, it is compulsory to create an account. A User may create an account on the Website which shall collect only your basic information. To create an account, you need to register a mobile number and email address. You must keep your account and registration details current and correct for communications related to your purchases from the Website.
At the time of registration, we may collect the following personally identifiable information about you: Name – including first and last name, email address, mobile phone number, and other contact details, demographic profile (like your age, gender, address, etc. Information collected about you is subject to the Privacy Policy of our website, which may be read as part and parcel of these Terms of Use.
You are solely responsible for protecting the confidentiality of your Registered Mobile Number and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the AOA has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
4. Eligibility
Services on the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors etc. are not eligible to use the Site.
However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. AOA reserves the right to terminate or refuse your registration, or refuse to permit access to the Site if it is discovered or brought to its notice that you are a minor.
5. Security
Transactions on the Website are secure and protected. The User’s credit and debit card information is not received, stored by or retained by the AOA/ Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
6. License and Access
The AOA grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the AOA. Such limited sub-license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the AOA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the AOA and/or its affiliates without the express written consent of the AOA. You may not use any meta tags or any other “hidden text” utilizing the AOA’s name or trademarks without the express written consent of the AOA. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
7. Communications
By using this Website, it is deemed that you have consented to receive calls, auto-dialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this website which is subject to the Privacy Policy. The user agrees to receive promotional communication and newsletters from the AOA and its partners.
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.
8. Payment
The following payment options are available on the Application:
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the “CA Naresh Aggarwal Classes” or “Academy of Accounts”.
The User is further aware that in the case of third-party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the AOA has no control over the same. To successfully subscribe to the Website, the User is required to complete the transaction by making the payment for the services opted for.
9. User Obligations
You are a restricted user of this website.
10. Copyright and Trademark
The AOA, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the AOA or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the AOA. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the AOA.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the AOA, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the AOA’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The AOA is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
11. Disclaimer of Warranties and Liabilities
You expressly understand and agree that to the maximum extent permitted by applicable law:
The website, services and other materials are provided by this website are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, AOA makes no warranty that
To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. AOA also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. AOA accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third-party product or services. The advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purposes only.
12. Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless this website/AOA including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall AOA, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13. Termination
This User Agreement is effective unless and until terminated by either you or the AOA. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The AOA may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the AOA. The AOA’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
14. Hosting of Third Party Information
The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and truthiness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
15. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation: In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case, both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the AOA reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration: In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. The arbitration shall be held in Delhi, India. The proceedings of arbitration shall be in the Hindi/English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Delhi.
16. Privacy
We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
17. Cancellation and Refund Policy
As of now, we do not provide any option for the cancellation of products and/or services you have purchased or subscribed to. Once a product/service has been purchased by you, we cannot provide any refund, either totally or partially. We suggest that first, you go through the demos and/or free-to-use contents/products/services before you subscribe to or purchase from the website. For further details, call on +91-8800215448
18. Contact Us
If you have any questions about this Agreement, the practices of AOA, or your experience with the Service, you can e-mail us at info@academyofaccounts.org