- Disclaimer. This disclaimer shall govern your use of Vayu Academy website. By using this website, the user accepts this disclaimer in full; accordingly, if he/she disagrees with this disclaimer or any part of this disclaimer, he/she must not use this website. The user acknowledges that Vayu Academy does not make any representations or warranties about the material, data, and information, such as data files, text, photographs, videos, presentations or other images (collectively, the “Content”) which he/she may have access to as part of, or through the use of the Services. Under no circumstances is Vayu Academy liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.
- Terms of Use.
2.1 Welcome to the Vayu Academy Web site. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by the Vayu Academy.
2.2 By using and participating in this website, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit the site. The Vayu Academy reserves the right to modify these terms at any time and will publish notice of any such modification online at this site or elsewhere online. By continuing to access a site after notice of such modifications, you signify your agreement to be bound by the modifications.
2.3 You may use our site for lawful purposes only. You may not use our site to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, without limitation, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorisation. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not "flood" or disrupt our website through any means or process.
- Agreement to the Terms. The user’s access or use of any of the services signifies that he has read, understood and agreed to the Terms of Use and the Privacy Policy of Vayu Academy, and is bound by it. In case of disagreement with the Terms of Use or the Privacy Policy or any conditions therein, the user is not authorised to use any of the Services.
- Registered Users.
4.1 The user shall provide accurate and current information about him/her self (though use of an alias or nickname in lieu of your legal name is encouraged), and be fully responsible for all uses of this account. One must not set up an account on behalf of another individual or entity.
4.2 By registering for an account through any of the Services, the user confirms that he/she is above the age of 18 years and has an independent account to perform financial transactions or has the express permission of parents/legal guardians for operating such account.
- Impersonation or Unauthorised Access.
5.1 The user must not impersonate another person or entity, or misrepresent affiliation with a person or entity when using the Services.
5.2 The user must not use or attempt to use another’s account or personal information to access the Services from the website.
5.3 The user shall not attempt to gain unauthorised access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining or any other means.
- Terms.
6.1 The Vayu Academy website would be used solely for the purpose intended i.e. providing online study material and generating online sample tests for the ATPL, CPL, SPL and PPL exams, with certain exclusive privileges like individual mentoring, online assistance and guidance during application of theoretical knowledge.
6.2 Majority of the content would be available online. Only select content would be made available offline for the benefit of the users.
6.3 The user expressly agrees to treat and keep the content being accessed and the information being shared with Vayu Academy, confidential. Any issues regarding the contents should be referred to the support services for early resolution.
6.4 Mentoring / guidance/ problem resolution / support services would be made available through any of the following modes of communication-
6.4.1 Exclusive email to the support services.
6.4.2 Online presentations.
6.4.3 Contact no. of the mentor.
6.4.4 Video conferencing facilities available, if any.
6.5 To ensure confidentiality of the communications, the most preferred method of problem resolution would be through email and all attempts would be made to respond within the shortest possible time.
6.6 Content that is obscene, hate-related, depicts violence, pornographic, sexually explicit, offending to a particular group of people, culture, place, religion, creed, or race, etc. should not be uploaded or communicated through the website.
6.7 Payments being made should be made explicitly towards remuneration for the services offered and utilised, i.e. as mentioned in the aim and objectives. The payments should be made through the modes mentioned/provided at the website and no other modes should be used. A schedule of the fee applicable for various Services is available at PayPal.
6.8 The website will not be utilised for any payments that do not accrue out of the services being provided. No illicit transactions should be made through the website, in any manner whatsoever.
6.9 While the service providers will not make attempts to seek any unsolicited payments or forward unsolicited demands, it is the also a responsibility of the user to ensure the authenticity of the online transaction being made, and veracity of the origin and ensuing communications between the parties.
- Disclaimer of Warranties.
7.1 This site is provided by the Vayu Academy on an "as is" basis. The Vayu Academy makes no representations or warranties of any kind express or implied, as to the operation of the site or the information, content, or materials included on this site. To the full extent permissible by applicable law, the Vayu Academy disclaims all warranties, express or implied. These services and information are provided without implied warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or non-infringement.
7.2 Vayu Academy does not warrant that the functions of the services will be uninterrupted or error-free, that content made available on or through the services will be error-free, that defects will be corrected, or that any servers used by Vayu Academy are free of viruses or other harmful components.
7.3 Vayu Academy does not warrant or make any representation regarding use of the content available through the services in terms of accuracy, reliability, or otherwise.
- Limitation of Liability.
8.1 To the fullest extent permitted by applicable law, in no event will Vayu Academy be liable to the user on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by the user or any third party that arise in connection with the services (or the termination thereof for any reason), even if Vayu Academy has been advised of the possibility of such damages.
8.2 Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to some users. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
- Indemnification.
9.1 To the extent authorised by law, the user agrees to indemnify and hold the Vayu Academy, its employees, officers, directors, affiliates, and agents harmless from any claims, losses, or damages, including legal fees, resulting from the user’s violation of these terms, and to fully cooperate in the defense by the Vayu Academy against any such claims. Without limitation, the user agrees to defend Vayu Academy from and against any and all claims, actions or demands brought by or against; alleging with respect to the user’s a) infringement or misappropriation of any intellectual property rights; b) defamation, libel, slander, obscenity, pornography or violation of the rights of privacy or publicity, or c) spamming or any other offensive, harassing or illegal conduct or violation of this Agreement.
9.2 The user agrees to indemnify Vayu Academy from and against all damages, costs, and fees awarded in favour of third parties, and will indemnify and hold the service providers harmless against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonable attorneys fees) (collectively, "Losses") suffered as a result from or arise out of the above claims.
- Settlement of Disputes. This privacy policy and terms and conditions are however, not all encompassing. Issues arising during the course of usage and from time to time will be communicated through the website to the service providers, concerned user or any other agency, and disputes if any, would be resolved amicably between the users and the service providers by applying good sense and judgement.
- Jurisdiction.
11.1 You agree that any dispute arising out of or relating to these terms or any content posted to a site including copies and re-publication, whether based in contract, tort, statutory of other law, will be governed by the laws of the State of India, excluding its conflicts of law provisions.
11.2 You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Indore, Madhya Pradesh, India, as the legal forum for any such dispute.
- Termination.
12.1 Vayu Academy may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, the user’s individual access to, and use of, the Services may be terminated by Creative Commons at any time and for any reason.
12.2 If the user wishes to terminate this agreement, he/she may immediately stop accessing or using the Services at any time.
12.3 The user’s right to access and use the Services terminates automatically upon the breach of any of the Terms.
- Miscellaneous.
13.1 The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The user’s warranties and indemnification obligations will survive for one year after termination.
13.2 Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
13.3 If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
13.4 The parties agree that no joint venture, partnership, employment, or agency relationship exists between the user and Vayu Academy as a result of the Terms or from the use of any of the Services.
13.5 These Terms constitute the entire agreement between the user and Vayu Academy relating to this subject matter.
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