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Almaknack Terms &
Conditions
INTRODUCTION
This
website and LMS is operated by the Almaknack. The Almaknack offers this website
and LMS, including all information, tools, and services available from this
site, to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here.
By
visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”). These Terms of Service apply to all users of the site,
including without limitation users who are browsers, students, corporates,
colleges, Software OEM’s and/ or contributors of content.
Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these
Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new
features or tools which are added to the current website shall also be subject
to the Terms of Service. You can review the most current version of the Terms
of Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
ONLINE
STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence, and you have given us your
consent to allow any of your minor dependents to use this site.
You may
not use our products for any illegal or unauthorised purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws).
You must
not transmit any worms or viruses or any code of a destructive nature.
A breach
or violation of any of the Terms will result in an immediate termination of
your Services.
GENERAL
CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any time.
You
understand that your content (not including credit card information), may be
transferred, unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree
not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the
Service, use of the Service, access to the Service or any contact on the
website through which the service is provided, without express written
permission by us.
The
headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
Intellectual
Property and Copyright
All content available on the AlmaKnack website,
including but not limited to text, graphics, videos, and other materials, is
the exclusive property of AlmaKnack and is protected under copyright laws.
Any unauthorized reproduction, distribution,
modification, or use of this content, in whole or in part, without prior
written consent from AlmaKnack, is strictly prohibited.
For permissions or inquiries regarding the use of
our content, please contact us directly. We appreciate your cooperation in
respecting our intellectual property.
ACCURACY,
COMPLETENESS AND TIMELINESS OF INFORMATION
We are
not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete, or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site
may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
MODIFICATION
TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
We shall
not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
ACCURACY
OF BILLING AND ACCOUNT INFORMATION (if applicable)
We
reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. If we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree
to provide current, complete, and accurate purchase and account information for
all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
OPTIONAL
TOOLS
We may
provide you with access to third-party tools over which we neither monitor nor
have any control nor input.
You
acknowledge and agree that we provide access to such tools “as is” and “as
available” without any warranties, representations, or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use
by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the
release of new tools and
resources). Such new features and/or services shall also be subject to these
Terms of Service.
THIRD
PARTY LINKS (if applicable)
Certain
content, products and services available via our Service may include materials
from third- parties.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third parties.
AlmaKnack provides access to third-party tools and
websites as part of its courses to enhance the learning experience for students.
Please note that AlmaKnack acts solely as a facilitator for these resources and
does not own, manage, or control the respective third-party tools or sites.
If you have any questions, concerns, or issues
regarding these third-party tools or websites, we kindly request you to reach
out directly to the respective providers or owners for support and
clarification.
We are
not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party’s policies
and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third- party
products should be directed to the third-party.
USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at
our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may,
but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libellous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree
that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libellous or
otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make
and their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
PERSONAL
INFORMATION
Your
submission of personal information through the Almaknack Website or Learning
Management System is governed by our Privacy Policy.
ERRORS,
INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit
times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We
undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied in the
Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
PROHIBITED
USERS
In
addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.
DISCLAIMER
OF WARRANTIES; LIMITATION OF LIABILITY
We do not
guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the service will
be accurate or reliable.
You agree
that from time to time we may remove the service for indefinite periods of time
or cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided ‘as is’ and ‘as
available’ for your use, without any representation, warranties or
conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no
case shall the Almaknack, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
Our course material is only licensed to you and is
not sold to a user. The license granted to you does not give you and/or the
User any right to transfer or resell the Course Material in any manner
(including by sharing account information with a purchaser or downloading the
Course Material and sharing it on third-party sources). Almaknack grants you,
as a User and a limited, non-exclusive,
non-transferable license to access and view the Course Material and associated
content for which you (on behalf of yourself ) have paid all required fees,
solely for your personal, non-commercial, educational purposes through the
Services, in accordance with these Terms and any conditions or restrictions
associated with a particular Course or feature of our Services. All other uses
are expressly prohibited. User may not reproduce, redistribute, transmit,
assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create
derivative works of, sub-license, or otherwise transfer or use any Course
Material unless we give you (for yourself or on behalf of a other User)
explicit permission to do so in a written agreement signed by a Almaknack’s
authorized representative.
INDEMNIFICATION
You agree
to indemnify, defend, and hold harmless Almaknack and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns, and employees, harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or
the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
Job Placement
AlmaKnack is committed to supporting students in
their journey toward securing placements by providing guidance, resources, and
assistance. However, please note that AlmaKnack does not guarantee placement
opportunities. Our role is to facilitate support and equip students with the
skills and knowledge needed to succeed in their career endeavours.
Additionally, we have a dedicated LinkedIn
community, “LinkedIn Alumni,” where you can stay connected and receive
updates. Joining the community is optional but highly encouraged for
networking/job/course and insights.
SEVERABILITY
If any
provision of these Terms of Service is determined to be unlawful, void, or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service; such determination shall not
affect the validity and enforceability of any other remaining provisions.
TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our services or when you cease using our site.
If in our
sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
ENTIRE
AGREEMENT
The
failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These
Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any
ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
GOVERNING
LAW
These
Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of Lords Office
Estate Block 6, 276 West Avenue, Centurion, GP, 0157, South Africa.
CHANGES
TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at this
page.
We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
Right
to Resolution
The
user/student/corporate/colleges will not be able to resolve their contract when
it relates to the acquisition of digital contents, without material support, as
long as contractual execution has been initiated.
Duration
The
contract will have the duration indicated on the website for each subscription
option.
CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at queries@almaknack.org
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