Terms & Conditions
USE OF THE PROALLEY PLATFORM
You agree to use the PROALLEY Platform only for lawful purposes:
- Specifically you agree that not to do any of the following: (1) upload to or transmit on the PROALLEY Platform any defamatory, indecent, obscene, paedophilia, racism, blasphemous, libellous, invasive of another’s privacy, bigotry, hatred, sexual, harassing, disparaging, pornographic, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the PROALLEY Platform to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the PROALLEY Platform any advertisements or solicitations of business; (6) restrict or inhibit use of the PROALLEY Platform by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the PROALLEY Platform or that you have a contractual obligation to keep confidential (notwithstanding its availability on the PROALLEY Platform); (10) post spam, transmit chain letters or engage in other similar activities; or (11) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation (12) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses (13) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" (14) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products (15) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information (16) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the PROALLEY Platform (17) impersonate another person or unauthorized access (18) threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation (19) shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means (20) violates any law for the time being in force, or which, as determined by PROALLEY may harm PROALLEY or users of the PROALLEY Platform or expose them to liability.
- Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the PROALLEY Platform (including password-protected areas), and all articles and responses to questions, other than the content provided by PROALLEY are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of PROALLEY. You understand and acknowledge that you are responsible for whatever content you submit, and you, not PROALLEY have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the PROALLEY Platform, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the PROALLEY Platform. You grant to PROALLEY the right to use all content you upload/download or otherwise access from the PROALLEY Platform in any manner PROALLEY chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
- PROALLEY reserves the right, but does not assume any responsibility, to (1) remove any material posted on the PROALLEY Platform which PROALLEY in its sole discretion, deems inconsistent with the foregoing commitments, including any material PROALLEY has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user's access to all or part of the PROALLEY Platform. However, PROALLEY can neither review all material before it is posted on the PROALLEY Platform nor ensure prompt removal of objectionable material after it has been posted. Accordingly, PROALLEY assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. PROALLEY reserves the right to take any action it deems necessary to protect the personal safety of users of this Platform and the public; however, PROALLEY has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the PROALLEY Platform and may expose you to civil and/or criminal liability. You hereby indemnify PROALLEY and its Authorised Representatives for any financial, legal and commercial costs, damages, expenses, etc. incurred by PROALLEY due to your actions.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Platform (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to PROALLEY, A-65, Aptech House, Midc Marol, Andheri East, Mumbai Suburban, Maharashtra, 400093 or its owners and are protected by Indian and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the PROALLEY Platform for personal use . You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Platform without the prior written consent of PROALLEY except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the PROALLEY Platform; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Platform are transferred to you, but remain with PROALLEY or the applicable owner of such content. Except as expressly authorized by PROALLEY in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Platform, (b) access to this Platform or (c) use of this Platform or of any services or materials available through this Platform.
INTELLECTUAL PROPERTY RIGHTS / TRADEMARKS
The Term Intellectual Property Rights shall mean all copyright, trademark and other intellectual property rights in whatever material whether or not registered including, without limitation, digital data base and compilation rights, patents, trademarks, service marks, trade names registered designs and other design rights, rights in animation and moving images, marketing materials, brochures, allied rights, topography rights, rights in know how, proprietary rights, all legal, financial and commercial rights whether in formats of online / digital / phygital / physical or such other novel formats and any applications for the protection or registration of those rights and all renewals and extensions existing in any jurisdiction. All PROALLEY related Intellectual property rights created shall have right, title, ownership and interest in perpetuity with Aptech Ltd. You may not use such marks without Aptech Ltd.'s prior written permission
The terms and trademarks - “PROALLEY” and its extension are trademarks owned by Aptech Ltd. and all related Services/Platforms under PROALLEY logo, Service mark, names, designs, logos, marketing materials, brochures, slogans and connected intellectual property rights created shall have right, title, ownership and interest in perpetuity with Aptech Ltd. You may not use such marks without Aptech Ltd.'s prior written permission.
DIGITAL CONTENTS (Video/ Audio/ Podcast/ other formats)
- These Terms of Service ("Terms") govern your access to and use of PROALLEY Digital Contents which is an online over-the-top platform providing users with live and/or on-demand audio and video content including written content, submissions, quiz, etc of various genres which may be offered by either PROALLEY Originals (all such content, collectively, the "Content").
- The Content is being hosted on PROALLEY Platform, that is owned and operated by Aptech group.
- This document sets out the terms and conditions in connection with your use of the Platform and, subsequently, your access/consumption of the Digital Content and/or other related services provided on the Platform ("Services").
- Use of PROALLEY Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors may only use the service under the supervision of an adult. Accordingly, parents and/or the guardians of such children or minors are advised to exercise discretion before allowing their children or minors to access such content on the Platform.
- The Platform is an interactive online platform for the users to view the Digital Content of various genres, which shall be PROALLEY Originals.
- You, at all times, are responsible for your use of the Platform and for viewing any Content and PROALLEY shall have no liability with respect to any loss or damage caused by viewing or relying on the Content. By hosting PROALLEY Originals on the Platform and on uploading or streaming of PROALLEY Originals on the Platform, PROALLEY will neither guaranteeing nor giving any warranty nor making any representation with respect to the Contents. The Content provided on the Platform is for learning, education, academics and training purposes. Unless expressly stated otherwise, all characters, themes and events depicted in PROALLEY Originals are entirely fictitious and any similarity to actual events or persons, living or dead, is purely coincidental, unintentional or accidental.
- Please note that the availability of, and your ability to access, the Content or some part of the Services, (a) is subject to applicable law and the contractual arrangements between PROALLEY and the Content Owners and/or Platform Partners; and (b) may be dependent upon your geographical location, your Internet/data connectivity or your system capabilities or compatibility with the Platform. Not all Content or Services will be available to all users. On account of the nature of the Internet/data connectivity and system compatibility, the Platform and the Services may also be accessed in various geographical locations. You, therefore, hereby agree and acknowledge that you are accessing the Platform and availing of the Services, at your own risk, choice and initiative, and you agree and undertake to ensure that your use of the Platform and the Services complies with all applicable laws including the local laws in your jurisdiction. Further, you agree and acknowledge that the Services and Content may vary from place to place, time to time and device to device and the quality and the quantity of your access to the Content or the use of the Platform or availing of the Services would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc.
- You further acknowledge that all the intellectual property rights contained in (a) the PROALLEY Originals are solely owned by PROALLEY. During the term of your PROALLEY membership we grant you a limited, non-exclusive, non-transferable, revocable right to access the Platform and view the Content. Except for the foregoing, no right, title or interest shall be transferred to you in any Content or the Platform.
- Any use or reliance on any Content or materials obtained by you through the Platform is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the Contents. You understand that by using the Platform, you may be exposed to Content that might be inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
- We reserve the right to remove any Content or the user data that violates these Terms or the applicable law, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
- Personal Information; We may use information such as device ID, location or an account email address used with an existing PROALLEY account to determine eligibility and any offers thereof. We may share personal information with our other corporate entities and Platform Partners only for the purposes of giving enhanced customer services.
- Service Interruptions: The Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restrictions.
- If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to customer care of PROALLEY.
- Disclaimer of representations and warranties: Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" or "AS AVAILABLE" basis. PROALLEY makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, security and non-compatibility or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein or therein.
- Limitation of liability: By using the Services, you agree that the liability of PROALLEY, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall PROALLEY, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any Content or for any other claim related in any way to your access to the Platform and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Platform.
- Force Majeure: You agree that PROALLEY shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of PROALLEY (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).
- Governing laws: These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) PROALLEY has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.
- Severability: If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
- Amendments: We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.
- Survival: You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.
DEALINGS WITH MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Platform, you acknowledge and agree that PROALLEY is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that PROALLEY will have no responsibility or liability for any loss or damage or cost of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Platform.
LIABILITY OF PROALLEY AND ITS OWNERS
PROALLEY does not assume any liability for the materials, information and opinions provided on, or available through, the PROALLEY Platform. Reliance on the Platform/Services Content is solely at your own risk. PROALLEY disclaims any liability for injury or damages resulting from the use of any Platform Content.
THE PROALLEY PLATFORM, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR THROUGH THIS PLATFORM ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITH ALL FAULTS. NEITHER PROALLEY NOR ANY PERSON ASSOCIATED WITH PROALLEY MAKES ANY WARRANTY NOR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR PERFECTION OF THE PROALLEY PLATFORM. PROALLEY OR ITS AFFILIATES/OWNERS DISCLAIM ALL WARRANTIES OR REPRESENTATION OF PROALLEY PLATFORM AND/OR THE SERVICES PROVIDED ON OR THROUGH THIS PLATFORM TO BE ACCURATE, RELIABLE, ERROR-FREE, VIRUS/BUGS FREE, FULLY SECURED OR UNINTERRUPTED. FURTHER PROALLEY WILL CORRECT THE DEFECTS, SERVER ISSUES AND VIRUS/BUGS ISSUE OR OTHER HARMFUL INTERNET ISSUES AS APPLICABLE FROM TIME TO TIME. PROALLEY DISCLAIMS ALL WARRANTIES, CUSTOMER EXPECTATIONS AND MERCHANTABILITY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL PROALLEY OR ITS OWNERS BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE INCLUDING RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE PROALLEY PLATFORM AND/OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY PROALLEY AND WHETHER OR NOT PROALLEY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold harmless PROALLEY and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the PROALLEY Platform and/or the delivery of Services or information over the PROALLEY Platform, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of this Agreement or your use of the PROALLEY Platform or Services obtained from this Platform.
SUBMISSION OF INFORMATION TO PROALLEY
COMMENTS AND SUBMISSIONS
PROALLEY welcomes your comments. All comments, suggestions or other information sent by you to this Platform for internal use by PROALLEY or its advertisers or business partners or in response to solicitations on this Platform, will become PROALLEY property, and you agree that all intellectual property rights therein are transferred to PROALLEY. You understand that any postings to publicly available portions of the PROALLEY Platform are non-confidential for all purposes.
LINKS TO OTHER SITES
The PROALLEY Platform may contain links to other Platforms on the Internet. PROALLEY is not responsible for and does not endorse the content, products or services of any third-party Platforms, including, without limitation, sites framed within the PROALLEY Platform or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party Platforms is at your own risk and subject to the terms and conditions of use for such Platforms.
The owner of this Platform is based in Mumbai located in the State of Maharashtra, India. PROALLEY makes no representation that materials in this Platform are appropriate or available for use in other locations. If you access this Platform from other locations, you are responsible for complying with local/international laws.
When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
LIVE ONLINE CLASSES T&C
- LIVE online classes will have pre-defined batch timings and schedule where our trainers will take LIVE classes.
- Students/guardians/sponsor may select and enrol with available batches and schedule. Once booked cannot change the said batch/schedule. Any missed LIVE online classes can be accessed.
- LIVE online Classes will be conducted on ProAlley platform and students will be able to access recordings of a particular class after 24hrs of the class completion.
- The aforesaid mentioned recordings will be accessible up to 3 months from the completion of last class in the schedule.
- On completion of projects, assignments, cut-off grades and other eligibility requirements by ProAlley, the Students will be then eligible for Certificates and placement assistance.