These terms and conditions (“Terms and Conditions”) control your use of this website: www.englishpass.co (Website) in which the website is referred to as “EnglishPass.co” or the “website” and Nexra Services is referred to as ENGLISHPASS.co or the “firm”, or “Us”.
‘You’ refers to a user or a paying customer. If You are a company or another person who gives access to Company products, you agree to take responsibility in full, in case of damages or indemnification that could affect the customer.
By using or accessing the information on this website, including, but not limited to downloading or accessing courses through this Website or through designated Software of the Company; You agree to abide by the terms and conditions set forth in these “Terms and Conditions”:
GENERAL TERMS OF USE
Registering at this Website does not entitle You to the right of admission/selection for any course. The Company Selection Committee reserves the right to select or reject a candidate without any notice or assigning any reason whatsoever.
Selected candidates are required to comply with the rules laid down under the various Policies and englishpass.co reserves the right to expel a student or terminate the candidature at any time if found otherwise.
As a user, You agree to maintain
(i) all content in the account including but not limited to academic content, assessments, email/SMS content, profile information and current billing and contact information,
(ii) Email/mobile phone number list and Address Book maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email/mobile phone number lists and the address book,
(iii) Payment of all agreed course fees
(iv) full responsibility for all activity associated with your use of this Website and services and
(v) compliance with all other obligations set forth in these Terms and Conditions.
You will provide current, complete, accurate information in the registration section of this Website. You will further update and keep that information current as needed. Email login must be a valid email address maintained by You. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify the Company of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security You become aware of by emailing at: support@englishpass.co
CONSENT
By accessing and using this Website, you provide your specific consent to the Website to use and collect the information provided by you. Please note that for any information provided by you on the Website, it will be deemed that:
(i) You are above 18 years of age.
(ii) You understand that you have provided specific consent to englishpass.co to collect and process any information, images, or other content including but not limited to your personal and sensitive information including but not limited to your Name, Occupation, Age, Sex, E-mail Address, Phone, Mailing Address, Interests, Interested Services, budget, URLs you came from and go to, your browser and operating system information, your internet protocol address, your mobile provider, your mobile device, your Internet Service Provider, etc (collectively, your “User Submissions”) provided by you.
(iii) The consent provided by you is the basis for lawful processing of User Submission by englishpass.co.
(iv) You have read and understood the terms and conditions of this Terms of Use and are aware that the collection and processing of your User Submission will be subject to the same.
You have, by way of these Terms of Use and/or by any other communications sent by englishpass.co, been made aware of the categories of the User Submissions/personal data collected by englishpass.co, the purpose and nature for which the User Submissions/personal data has been collected, the sources used for collection of User Submissions/personal data, your rights with respect to the User Submission/personal data, etc.
Excluding third-party course materials, englishpass.co owns all copyrights, patents, trade secrets, trademarks and other intellectual property rights, title and interest in or pertaining to the courses in the course catalogue and all other services developed by englishpass.co for the purpose of these courses on offer. No resale, transfer or re-export, upload, archive, license to others, edit, modification, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website, its content, Website services or any component or part thereof of the course(s) and/or content is authorized without the prior authorization of englishpass.co. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of englishpass.co and/or its licensors and a violation of these TOU and may subject you to civil and/or criminal liability under applicable laws.
MODIFICATIONS
englishpass.co reserves the rights, at its sole discretion, to change, modify, and/or add to these Terms of Use, in whole or in part, at any time and without any prior notice to any person including you. Changes to the Terms of Use will be effective prospectively from when they are posted. You agree to review the Terms of Use periodically to become aware of any changes. Your use of the Website or any part thereof after any changes to these Terms of Use are posted will be deemed acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to not subscribe, opt-out or stop using the Website.
englishpass.co reserves the right to change course prices at any time. In the event of such change, confirmed registrations will be honoured at the original price. Changes to Service Tax and other tax and duty components will be incorporated into the Course Fee as and when such changes occur and the student will become liable to pay the incremental fee.
Course content for all the courses on offer is provided for the purpose of education and guidance only. The course content is regularly reviewed and is subjected to change without notice. englishpass.co reserves the right to modify training content without notice.
englishpass.co may terminate your access at any time for any reason. The provisions regarding a disclaimer of warranty, accuracy of information and indemnification shall survive such termination. englishpass.co may also monitor access to this Website.
To the extent allowed by local law, in no event will englishpass.co or its affiliates, subcontractors or suppliers be liable for any incidental, indirect, special consequential damages.
By registering on this Website, third-party websites or with any of englishpass.co’s partners, You give your consent to receive, from time to time, promotional calls & text messages from englishpass.co which may include offers from Us or our affiliates and partners.
ONLINE PAYMENT TERMS.
The following section states the Terms and Conditions which will be applicable to the user using the Company’s online payment process for various courses/services offered by Us. Please read this page carefully. If these Terms & Conditions are not acceptable to You, please do not use this process. By using Company’s online payment process, You are indicating your acceptance to be bound by these Terms & Conditions. englishpass.co reserves the right to revise these Terms & Conditions from time to time.
User information entered during the online payment process is kept secure and confidential and will not be divulged to any third party, other than the payment gateway service provider.
The Company will not be held responsible for any damages the user may suffer as a result of using the payment process. The user agrees and shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims that may arise or result from the incorrect use of the online payment process or any other causes attributable to the user.
The Company will not be responsible for any refunds arising out of any failures in online payments in case the amount gets deducted from user’s saving/current account and does not get credited in the Company’s account before the transaction is complete. Users, in this case, will have to contact either the Bank or Us to clarify the same.
In no event will the user be eligible for the refund of the payment made online.
Refunds which are subject to the company’s policy will be made to the instrument used while making payment. No refunds would be done through cash.
Receipts of online payments along with confirmation of admissions by englishpass.co should be maintained by the user safely, as this will be a pre-condition for processing any refund.
It is the user’s responsibility to ensure payment of full fees as applicable. Such payment of fees by or on behalf of the user does not in itself constitute acceptance of user’s candidature for the course. When the user successfully completes the online payment transaction using credit/debit cards option, funds will be deducted from the credit/debit card mentioned by the user and the payments will be credited to the Company. Any payment received through this website will be treated as having been made by the user, even though the same may have been made by some other person/party, in such event, the Company shall not be liable to entertain any correspondence from any person other than the user’s parents/guardian.
DISCLAIMER OF WARRANTIES
By using the Website, you agree and understand that such use is at your own risk and that there is no warranty that this Website will be free of any computer viruses. The Website (and any portion of the Website) is provided “as is” “with all faults” and “as available” to the fullest extent permitted by law. englishpass.co and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither englishpass.co nor any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the Website or other internet resources linked to the Website, nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to- date and assume no liability or responsibility for any:
a. errors, mistakes, or inaccuracies of content;
b. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
c. any unauthorized access to any and all personal information stored in the Website;
d. any interruption or cessation of transmission to or from the Website;
e. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or
f. for any loss or damage of any kind incurred as a result of the use of any user information and/or other Website content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Website.
LIMITATIONS OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL englishpass.co, OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF.
INDEMNITY
You agree to indemnify and hold harmless englishpass.co and its affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from:
a. any of your wrong/false user information,
b. your unauthorized exercise of any of your rights granted under these Terms of Use and Privacy Policy,
c. the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use and Privacy Policy,
d. your violation of any person’s intellectual property, privacy, publicity or other right,
e. the violation of any applicable laws and/or these Terms of Use and Privacy Policy by you or
f. your misconduct or negligence by your or anyone accessing the Website in connection with your (and/or such other person’s) use of the Website (in whole or in part).
englishpass.co reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with englishpass.co in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
Further, in no event shall englishpass.co or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Website or any linked Website.
LAW AND JURISDICTION
You will resolve any claim, cause of action or dispute (claim) you have with englishpass.co arising out of or relating to this Terms of Use and Privacy Policy document exclusively in India, regardless of where you reside. The laws of the Republic of India will govern this Terms of Use and Privacy Policy document, as well as any claim that might arise between you and englishpass.co, without regard to conflict of law provisions. The courts in NCR alone have jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use and you hereby consent to personal jurisdiction in such forum.
If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.