Effective 11th October 2020
This website, www.actipass.in, (hereinafter referred to as "ActiPass") is owned, hosted and operated by ActiPass Pvt. Ltd.(hereinafter referred to as "ActiPass”), a company incorporated in India under the Companies Act, 1956 and having its registered office at 9/10, Rozy Palace, Koparli Road, Vapi, Gujarat - 396191. These terms and conditions regulating use of these Services constitute a legally binding agreement between ActiPass and the User (the "Agreement").
ActiPass and/or any other website(s) linked to this website is an online information and property booking service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING ActiPass, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE ActiPass.
ActiPass may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on ActiPass. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of ActiPass, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. ActiPass may also suspend the operation of ActiPass for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize ActiPass in a manner inconsistent with these terms and conditions, ActiPass may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
“Subscriber” includes any person, whether an individual or a legal entity who has subscribed to the Services of ActiPass (whether on a paid or free basis), and to whom the access to ActiPass is restricted by the use of a sign in directly on the website or using Gmail login or Facebook login. The user name and password are allocated to the Subscriber or agreed upon by ActiPass. It is made abundantly clear that only the authorised User has the right to access the Services so offered by ActiPass.
“Browser/Visitor” will mean and include a person who utilizes any of the Services offered by ActiPass, without the need or a requirement to create an account i.e. visits non-restricted portions of ActiPass.
“Courses” include Sessions/Programs/Skills/Categories and means any of the hobby class sessions listed on our website or application.
“Subscription charges” means the amount being paid by the child/parents for availing the paid plans on our website or application.
“Collective Content” means all the content on our website created by members and/or ActiPass and hosted by us.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Listing" means Courses that are listed by ActiPass as available via the Site, Application, and Services.
"Member" means a person, who completes ActiPass’s account registration process, including but not limited to mentors, coaches and children/parents
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or ActiPass promotional campaign to be made available through the Site, Application or Services.
"Payment Method" means a payment method that you have added to your ActiPass Account, such as a credit card, debit card or net banking.
"Student" means a Member who enrolls for Courses on Application or Site, in case ofminor student the parent or guardian who enroll their child or ward for the programs/skills on Application or Site.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that ActiPass may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Mentor” means a Member who has been selected by ActiPass in order to provide services through the Site or Application
"ActiPass Content" means all Content that ActiPass makes available throughthe Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding children Content.
The use and access to ActiPass shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of ActiPass, and expressly so with respect to respecting the intellectual property rights of the ActiPass, and abiding by terms and conditions below mentioned.
ActiPass respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:
We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing toact out the processing.
Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enroll in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by ActiPass for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.
The Site, Application and Services can be used to facilitate the Students to enrollfor Courses (which include Sessions/Programs/Skills/Categories). Such Courses are included in Listings on the Site, Application and Services by ActiPass. Youmay view Listings as an unregistered visitor to the Site, Application and Services;however, if you wish to enroll for the Courses, you must first register to create a ActiPass Account.
ActiPass makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise in the ActiPass platform, ActiPass’s responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.
Your ActiPass Account and your ActiPass Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active ActiPass Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ActiPass reserves the right to suspend or terminate your ActiPass Account and your access to the Site, Application and Services if you create more than one (1) ActiPass Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
You are responsible for safeguarding the OTP received on your registered mobilenumber. You agree that you will not disclose your OTP to any third party and that you will take sole responsibility for any activities or actions under your ActiPass Account, whether or not you have authorized such activities or actions. You will immediately notify ActiPass of any unauthorized use of your ActiPass Account.
By providing ActiPass with your email address / phone number, you consent to:
ActiPass will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules andfinancial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.
Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students' search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application.
Please note that ActiPass assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. ActiPass reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that ActiPass, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or ActiPass's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Mentor, you understand and agree that your relationship with ActiPass is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venturer or partner of ActiPass for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of ActiPass. ActiPass does not control your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting onbehalf of or for the benefit of ActiPass, including by inappropriately using anyActiPass intellectual property.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from ActiPass with respect to such actions or omissions.
If a subscription is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for subscription (‘Subscription Request Period’), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an subscription request within the Subscription Request Period, any amounts collected by ActiPass for the requested subscription will be refunded to the concerned Student. When We confirm a subscription requested by a Student, ActiPass will send the student/parent an email, text message or message via e-mail and the Application confirming such subscription, depending on the selections you make via the Site, Application and Services.
The Course Fees payable will be displayed to the parent before the parent sends a subscription request to ActiPass. Upon receipt of the payment subscription request, ActiPass may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested subscription is cancelled (before any tuitions are provided), any amounts collected by ActiPass will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student's Payment Method will be released, if applicable.
ActiPass will collect the Course Fees from parents/students at the time of the Subscription request.
ActiPass agrees that 100% refund will be provided within 15 days from the date of payment of subscription amount. Post that, no refund will be provided.
You agree that ActiPass through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has subscribed or in relation to any kind of payment done, as per applicable laws. ActiPass will raise invoice for the above which shall be inclusive of all applicable Taxes.
You, as a parent/student agree to pay the Course Fees for any subscription requested, in connection with your ActiPass Account. ActiPass will collectthe Course Fees pursuant to the Payments Terms.
Once you're confirmed by us that the subscription transaction is complete, you will receive a confirmation email summarizing your confirmed subscription.
If, as a parent/student, you wish to cancel a confirmed subscription made via theSite or the Application, after subscription to the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that full refund will be provided till 15 days from the date of subscription, including the date of subscription. Post that no refund will be provided whatsoever.
If We cancel a confirmed subscription made via the Site, Services, and Application, (i) ActiPass will refund the Course Fees paid by the Student for such subscription to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by ActiPass.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
ActiPass has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, ActiPass may take a range of actions against you, including but not limited to deactivating or cancelling ActiPass Account, for a violation of this Section or these Terms.
ActiPass may access, preserve and disclose any of your information if we arerequired to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against ActiPass or to comply with legal process (for example, summons or warrants), (ii) enforce or administerour agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of ActiPass,its users, or members of the public.
You acknowledge that ActiPass has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
ActiPass reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ActiPass, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to ActiPass by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (ifany) or cause us to incur any liability to you.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of ActiPass and its licensors. You will not remove, alter or obscure any copyright, trademark, servicemark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of ActiPass used on or in connection with the Site, Application, Services, and ActiPass Contentare trademarks or registered trademarks of ActiPass in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and ActiPass Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including ActiPass's Trademark & Branding Guidelines (as may be updated from time to time).
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are availablefor the relevant product or Services you use, those additional terms become partof these Terms.
Subject to your compliance with these Terms, ActiPass grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
Subject to your compliance with these Terms, ActiPass grants you a limited, non-exclusive, non-transferable license, to (a) access and view any ActiPass Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for yourpersonal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ActiPass or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through ActiPass promotional campaigns, you hereby grant to ActiPass a worldwide, irrevocable, perpetual(or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute,license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though,by means of or to promote or market the Site, Application and Services. ActiPass does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Applications, and Services or through ActiPass promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through ActiPass promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to ActiPass the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or ActiPass's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or ActiPass promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that ActiPass is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ActiPass of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback").You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge andagree that all Feedback you give us will be the sole and exclusive property of ActiPass and you hereby irrevocably assign to ActiPass and agree to irrevocably assign to ActiPass all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At ActiPass's request and expense, you will execute documents and take such further acts as ActiPass may reasonably request to assist ActiPass to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
ActiPass respects copyright law and expects its users to do the same. It is ActiPass's policy to terminate in appropriate circumstances the ActiPass Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
This Agreement shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or onthe Site, via the Application or through the Services Until such time when you or ActiPass terminate the Agreement as described below.
Termination for convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your ActiPass Account, any confirmed subscription will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting ourrights specified below, ActiPass may terminate this Agreement for convenience at any time by giving you 30 days' notice via message to your registered mobile number.
Termination for breach, suspension and other measures
ActiPass may immediately, without notice terminate this Agreement if (i) youhave materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the ActiPass Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) ActiPass believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, ActiPass or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition ActiPass may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed subscription, limit your use of or access to your ActiPass Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your ActiPass Account, or temporarily or permanently suspend your ActiPass Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students, or (ii) ActiPass believes in good faith that such action is reasonably necessary to protect the safety or property of Members, ActiPass or third parties, for fraudprevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given noticeof any measure by ActiPass and an opportunity to resolve the issue to ActiPass’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to the parents/students that a pending or confirmed subscription has been cancelled, (ii) refund the Students in full for any and all confirmed subscriptions, irrespective of pre-existing cancellation policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed subscriptions that were cancelled.
If You or We terminate this Agreement, we do not have an obligation to delete orreturn to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your ActiPass Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your ActiPass Account has been suspended or this Agreement has been terminated by us, you may not register a new ActiPass Account or attempt to access and use the Site, Application and Services through other ActiPass Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Site, Application, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that ActiPass does not have an obligation to conduct background or character checks on any Member, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
The Site, Application, Services and Collective Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, ActiPass explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. ActiPass makes no warranty that the site, application, services, collective content, including, but not limited to, any Courses, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. ActiPass makes no warranty regarding the quality of any Listings, Courses, mentors, Students, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site, Application or Services.
No advice or information, whether oral or written, obtained from ActiPass or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Students. You understand that ActiPass does not make any attempt to verify the statements of users of the Site, Application or Services or to review any Course. ActiPass makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, Application Or Services, including, butnot limited to, Students, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by ActiPass. ActiPassexplicitly disclaims all liability for any act or omission of any Student or other third party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your subscription of any Course via the Site, Application and Services, and any contact you have with other users of ActiPass whetherin person or online remains with you. Neither ActiPass nor any other party involved in creating, producing, or delivering the Site, Application, Services, Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substituteproducts or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Application, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services, or from your subscription of any Course via the Site, Application And Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ActiPass has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will ActiPass's aggregate liability arising out of or in connection with these Terms and your use of the Site, Application and Services including, but not limited to, your subscription of any course via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, or Collective Content and in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for subscription via the Site, Application and Services as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ActiPass and you.
You agree to release, defend, indemnify, and hold ActiPass and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out ofor in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your MemberContent; (c) your (i) interaction with any Member, (ii) subscription of any Course;including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course.
Except as they may be supplemented by additional ActiPass policies, guidelines, standards, or terms for a specific product, feature, service or offering,these Terms constitute the entire and exclusive understanding and agreement between ActiPass and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between ActiPass and you regarding enrolments, the Site, Application, Services, and Collective Content (excluding Payment Services).
Any notices or other communications permitted or required hereunder, includingthose regarding modifications to these Terms, will be in writing and given by ActiPass by posting to the Site or via the Application.
These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Vapi, Gujarat. for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. be in writing and given by ActiPass by posting to the Site or via the Application.
Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and ActiPass. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Vapi, Gujarat. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA.
The failure of ActiPass to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signedby a duly authorized representative of ActiPass. Except as expressly set forthin these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remainin full force and effect.
ActiPass shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us.
ActiPass is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond ActiPass’s reasonable control.
You may not assign or transfer these Terms, by operation of law or otherwise, without ActiPass's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ActiPass may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
ActiPass reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that ActiPass shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of ActiPass or any person firm or corporation having posted information for availability through the Services provided by us.
You agree that in the event Your post or Your information violates any provision of this Terms, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.
Please report any violations of these terms and conditions to ActiPass at email@example.com