1.1 www.thefetilisacademy.com (the "Site"), the courses available from the Site (the "Courses"), and the training services made available on or through the Site and the software (the "Services"), are owned, operated, and maintained, as applicable, by Brain4ce Education Solutions Private Limited (hereinafter referred to as "we", "our", "us", or the "Company", as the case may be). The Site, Courses, and Services are, collectively referred to as the "Company Products". By (a) using or accessing the Company Products, including, but not limited to streaming, accessing or using the software; or (b) paying, either for itself or for someone else to use or access the Company Products, you agree to the terms and conditions set forth in these terms of use (the "Terms").
1.2 THESE TERMS, UNLESS THE SAME HAS BEEN SPECIFICALLY EXCLUDED BY ANY OTHER INSTRUMENT TO WHICH THE COMPANY AND/OR AN USER ARE SUBJECT TO, INCLUDING THIS INTRODUCTORY SECTION, CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE COMPANY PRODUCTS.
1.3 For the purposes of the Terms, The term “User(s)/You” shall mean and include all persons, natural or artificial, that visit the Site including those that have agreed to become registered users on the Site by providing registration data while registering on the Site as registered users accessing the Company Products through the Website. If you are a parent, guardian, or other natural person who enables a child to access the Company Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. This Site is intended for use by a natural person only if such natural person is 13 (Thirteen) years of age or older.
1.4 If you are using or opening an account to use the Company Products on behalf of a company, entity or organization (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
2.1 Any personal information submitted in connection with your use of the Site is subject to our Privacy Policy which is available at https://www.thefetilisacademy.com/privacy-policy the terms of which are hereby incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.
2.2 The User may obtain certain confidential information, including without limitation, technical, contractual, product, pricing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). The User acknowledges and agrees to hold all Confidential Information in strict confidence. Title and all interests to all Confidential Information shall be vested in the Company. The User’s obligations regarding Confidential Information will survive the termination of these Terms of Use in accordance with the clause on ‘Termination’ below. The User agrees that its obligations under this clause is necessary and reasonable in order to protect the Company’s business and expressly agrees that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, the User agrees and acknowledges that any such violation or threatened violation will cause irreparable harm and injury to the Company and that, in addition to any other remedies that may be available, in law, equity or otherwise, the Company shall be entitled to obtain injunctive relief against the threatened breach of these terms or the continuation of any such breach.
3.1 The Company Products enable the Users to learn via live and recorded instruction, tutoring, and learning services through our proprietary Software. The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users.
3.2 You understand and agree that these Terms are agreed to in consideration of your use of the Company Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
3.3 Changes to these Terms. Company reserves the absolute right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
3.5 Evolving Nature of Services. The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products but if you are at any time dissatisfied with the Company Products, then your sole remedy is to discontinue use of the Company Products.
3.5 Electronic Notices. By using the Company Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Company Products. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.
4.1 Accessing the Site and browsing Courses is free of cost. Company however reserves the right to change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.
4.2 Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by the Company in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.
5.1 We have no mechanism to control comments/discussions posted on the Site and, as such, we cannot guarantee in any manner the reliability, validity, accuracy or truthfulness of such contents. You also understand that by using the Site you may be exposed to Submitted Contents which you may consider offensive, indecent, or objectionable. You hereby agree to indemnify and hold the Company harmless from and against any and all claims, notices and actions that you may have arising out of your access or use of any Submitted Content.
5.2 Those who choose to access or use the Company Products from other locations, including from outside India, may do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized or penalized is strictly prohibited.