As updated on August 14, 2021
Welcome to the Elite-IT terms and conditions. These terms and conditions (“Terms and Conditions”), are between Elite-IT and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website https://eliteitacademy.com/ (“Website”), you agree to be bound by the provisions of these Terms and Conditions.
Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on Elite-IT Website as they shall govern your use of the Elite-IT Website. By using or visiting the Elite-IT Website or any Elite-IT software, data feeds, and service provided to you on, from, or through the Elite-IT Website, you signify your agreement to (1) these “Terms and Conditions”, (2) Elite-IT ’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Elite-IT Website.
About Elite-IT
The domain name, Website and the Apps are owned, registered and operated by Elite-IT Academy, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at H-402, Acme Amay, Vishweshwar Nagar Road, Goregaon (E), Mumbai 400063, (hereinafter referred to as “Elite-IT ” or “ us” or “we” or “our” or “Company”).
Elite-IT Website
These Terms and Conditions apply to all Users of the Elite-IT Website, including educators who are also contributors of User Content on the Elite-IT Website. The Elite-IT Website includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the Elite-IT Website, such as the Elite-IT online platform, and any other service or application that Elite-IT introduces from time to time.
Elite-IT Website is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Educators of the Elite-IT Website and acts as an intermediary between the educator and the User.
The Elite-IT Website may include or contain links to any third-party websites that may or may not be owned or controlled by Elite-IT. Elite-IT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Elite-IT will not and cannot censor or edit the content of any third-party site. By using the Elite-IT Website, you expressly relieve Elite-IT from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
Subject to these Terms and Conditions, Privacy Policy and all other rules and policies made available or published elsewhere, Elite-IT hereby grants the you a non-exclusive,non-transferable, non-sublicensable, limited license to use the Elite-IT Website in accordance with these Terms and Conditions.
You agree and acknowledge that Elite-IT shall have the right at any time to change or discontinue any aspect or feature of the Elite-IT Website, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Elite-IT may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Elite-IT reserves the right to refuse access to the Elite-IT Website, terminate Accounts, remove or edit contents without any notice to You.
Elite-IT Accounts
In order to access some of the features of the Elite-IT Website, you may have to create your account with Elite-IT. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Elite-IT immediately of any breach of security or unauthorized use of your account. At no point in time will Elite-IT be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Elite-IT or others due to such unauthorized use, if any.
Elite-IT takes no responsibility for any User Content that is uploaded on the Elite-IT Website, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Elite-IT Website provided herein.
Access, Permissions and Restrictions
Elite-IT hereby grants you permission to access and use the Elite-IT Website as set forth in these Terms and Conditions, provided that:
You agree not to distribute in any medium any part of the Elite-IT Website or the content without Elite-IT ’s prior written authorization.
You agree not to alter or modify any part of the Elite-IT Website.
You agree not to access content of any other User through any technology or means other than the video playback pages of the Elite-IT Website itself.
You agree not to use the Elite-IT Website for any of the following commercial uses unless you obtain Elite-IT ’s prior written approval:
the sale of access to the Elite-IT Website;
the sale of advertising, sponsorships, or promotions placed on or within the Elite-IT Website or content; or
the sale of advertising, sponsorships, or promotions on any page or website that provide similar
Elite-IT Website as that of Elite-IT.
You agree to receive installs and updates from time to time from Elite-IT . These updates are designed to improve, enhance and further develop the Elite-IT Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Elite-IT to deliver these to you) as part of your use of the Elite-IT Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Elite-IT Website in a manner that sends more request messages to Elite-IT ’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Elite-IT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Elite-IT reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Elite-IT Website, nor to use the communication systems provided by the Elite-IT Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Elite-IT Website with respect to User Content. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Elite-IT limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Elite-IT Website and in any of its marketing or promotional activities.
In your use of the Elite-IT Website, you will at all times comply with all applicable laws and regulations.
Elite-IT reserves the right to discontinue any aspect of the Elite-IT Website at any time with or without notice at its sole discretion.
Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
Elite-IT Content utilized on the Elite-IT Website which shall include but not be limited totrademarks, service marks and logos (“Marks”), process, images, software, graphics are ownedby or licensed to Elite-IT and subject to copyright and other intellectual property rights under thelaw.
User Content is provided to you on an AS IS basis. You may access Content for yourinformation and personal use solely as intended through the provided functionality on theElite-IT Website and as permitted under these Terms and Conditions. You shall not downloadany User Content unless you see a “download” or similar link displayed by Elite-IT on theElite-IT Website for that User Content. You shall not copy, reproduce, make available online orelectronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, orotherwise exploit any User Content for any other purposes other than as provided herein withoutthe prior written consent of Elite-IT or the respective licensors of the User Content. Elite-IT andits licensors reserve all rights not expressly granted in and to the Elite-IT Website and the UserContent.
You agree not to circumvent, disable or otherwise interfere with security-related features of theElite-IT Website or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Elite-IT Website or the User Content therein.
Elite-IT Intellectual Property Right
The Elite-IT Website, the processes, and their selection and arrangement, including but notlimited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artworkand computer code on the Elite-IT Website is owned and controlled by Elite-IT and the design,structure, selection, coordination, expression, look and feel and arrangement of such contentmentioned hereinabove is protected by copyright, patent and trademark laws, and various othernational and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary materialowned by a third-party and so expressly mentioned, Elite-IT owns all IPR to and into the trademark “Elite IT Academy” and the Elite-IT Website.
The mark “ Elite-IT” is the sole property of Elite-IT. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from Elite-IT .
Refunds
Any refunds that are to be processed shall be processed in accordance with Elite-IT ’s refund policy.
Electronic Communication
When you visit Elite-IT Website or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on Elite-IT Website. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
Elite-IT will terminate a User's access to the Elite-IT Website, if
the User is a repeat copyright infringer;
the Users breaches any terms of these Terms and Conditions.
Violation of any applicable laws;
your use of the Elite-IT Website disrupts our business operations or affects any other party/User; or
you have behaved in a way, which objectively could be regarded as inappropriate or unlawful orillegal or which would bring any claims against Elite-IT .
Elite-IT reserves the right to decide whether User Content violates these Terms and Conditionsfor reasons other than copyright infringement, such as, but not limited to, pornography,obscenity, or excessive length or any other parameter that Elite-IT deems fit from time to time.Elite-IT may at any time, without prior notice and in its sole discretion, remove such UserContent and/or terminate a User's account for submitting such material in violation of theseTerms and Conditions.
We may suspend access to the Elite-IT Websites or require You to change Your password if wereasonably believe that the Elite-IT Websites have been or are likely to be misused, and we willnotify You accordingly. Any termination of Your registration and/or Account or the Elite-IT Websites will not affect liability previously incurred by You.
Effective of Termination
In case any of the above-mentioned cases occur, Elite-IT reserves the right, in its solediscretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
Elite-IT shall at its sole discretion withhold or stop any and all payments that are to be made tosuch User and evaluate the pay-outs. Payments shall only be made for all legitimate work that isnot subject matter of any violation or dispute.
Payments shall not be made for the work that is the subject matter of any of the breaches.User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
Copyright Infringement
Elite-IT operates a clear copyright policy in relation to any User Content alleged to infringe thecopyright of a third party.
As part of Elite-IT 's copyright policy, Elite-IT will terminate User access to the Elite-IT Website ifa User has been determined to be a repeat infringer. A repeat infringer is a User who has beennotified of infringing activity more than twice.
If you believe that your work has been copied in a way that constitutes copyright infringement,please refer to the instructions given in the copyright policy on how to make a claim of copyright infringement.
Notice of Copyright Infringement:
Pursuant to provisions of the Indian Copyright Act, 1952 read with the Information TechnologyAct of 2000, we an intermediary, allow general public to post content on our platform. We haveimplemented procedures for receiving written notification of claimed infringements on the UserContent uploaded on Elite-IT Website. We have also designated an agent to receive notices ofclaimed copyright infringement. If you believe in good faith that your copyright has beeninfringed, you may provide us with a written communication which contains:
An electronic or physical signature of the person authorized to act on behalf of the owner of thecopyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Elite-ITWebsite, including the educator name, topic and any other detail identifying the infringingcontent;
Your email address, your physical address and telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized bythe copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice isaccurate and that you are the copyright owner or authorized to act on the copyright owner’sbehalf.
Please submit your notice to our Copyright Agent as follows: Email us
[email protected]
Or contact us by mail at:Elite-IT
H-402, Acme Amay, Vishweshwar Nagar Road, Goregaon (E), Mumbai 400063
Our policy to deal with Copyright infringements:We follow a 3-strike policy- Three instances brought to our notice that are provided with allrequired supporting information will lead to the educator getting banned from the Elite-ITWebsite. His/her right to any and all compensation or monetary benefit that he/she might beeligible for shall be revoked. The detailed process is as under:
First case of violation- The infringing User Content is taken down and educator is given awarning and is suspended for a week from making any new courses.
Second case of violation- The educator is suspended from making any more videos on theElite-IT Website for a month and all User Content that amount to copyright violations arebrought down immediately.
Third violation- The educator is banned from the Elite-IT Website and will be unable to make any more courses in the future.
Confidentiality
You will not without obtaining prior written consent of Elite-IT , disclose to third party anyConfidential Information (as defined below) that is disclosed to you during the term of your use of the Elite-IT Website.
For the purpose of this clause Confidential Information shall include but shall not be limited toemployee details, User list, business model, processes, ideas, concepts etc. relating to Elite-ITor Elite-IT Website which are not available in the public domain. You acknowledge and agreethat the Confidential Information so provided to you shall at all time be the property of Elite-IT and any breach of the same shall cause irreparable damage to us.
Disclaimer
YOU AGREE THAT YOUR USE OF THE ELITE-IT WEBSITE SHALL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ELITE-IT, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE ELITE-IT WEBSITE AND YOUR USE THEREOF. TOTHE FULLEST EXTENT PERMITTED BY LAW, ELITE-IT EXCLUDES ALL WARRANTIES,CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY ORCOMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKEDAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, ORINACCURACIES OF USER CONTENT OR ANY CONTENT ON ELITE-IT, (II) PERSONALINJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THE ELITE-IT WEBSITE, (III) ANY UNAUTHORIZEDACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ELITE-ITWEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE Elite-IT WEBSITE BY ANY THIRD PARTY, AND/OR(V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT ORFOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ELITE-IT WEBSITE. ELITE-ITDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYUSER CONTENT OR Elite-IT WEBSITE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE ELITE-IT WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED INANY BANNER OR OTHER ADVERTISING, AND ELITE-IT WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASEOF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Elite-IT , ITSOFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES ORCONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENTAVAILABLE AT ELITE-IT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANYNATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Elite-ITWEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO ORFROM THE ELITE-IT WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THELIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR ELITE-IT WEBSITES BY ANYTHIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT ORANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE ELITE-IT WEBSITE, WHETHER BASED ONWARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Elite-IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS ANDCONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE INYOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, ELITE-IT LIMITS ITSLIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE ELITE-IT WEBSITES AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELITE-IT SHALL NOT BE LIABLE FOR USERCONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRDPARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTSENTIRELY WITH YOU.
THE ELITE-IT WEBSITE IS CONTROLLED AND OFFERED BY ELITE-IT FROM ITSFACILITIES IN INDIA. ELITE-IT MAKES NO REPRESENTATIONS THAT THE ELITE-ITWEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSEWHO ACCESS OR USE THE ELITE-IT WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmlessElite-IT, its parent corporation, officers, directors, employees and agents, from and against anyand all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (includingbut not limited to attorney's fees) arising from: (i) your use of and access to the Elite-IT Website;(ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third partyright, including without limitation any copyright, property, or privacy right; (iv) any claim that yourUser Content caused damage to a third party; or (v) violation of any applicable laws. Thisdefence and indemnification obligation will survive these Terms and Conditions and your use ofthe Elite-IT Website.
Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardianconsent, and are fully able and competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Terms and Conditions, and toabide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Elite-IT Website.
Elite-IT reserves the right to refuse access to use the Elite-IT Websites to any Users or tosuspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our Elite-IT Website so that you know what termsapply to your use. You acknowledge that we have given you a reasonable opportunity to reviewthese Terms and Conditions and that you have agreed to them. You agree and acknowledgethat your use of the Elite-IT Website is subject to the most current version of the Terms and Conditions made available on the Elite-IT Website at the time of such use.
Force Majeure
Elite-IT shall not be liable for failure to perform, or the delay in performance of, any of itsobligations if, and to the extent that, such failure or delay is caused by events substantiallybeyond the its control, including but not limited to acts of God, acts of the public enemy orgovernmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) ofthe Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing therules and regulations, privacy policy and terms and conditions for access or usage of the Elite-IT Website.
You are advised not to post any information or messages that are, or that may be construed, asbeing malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexuallyoriented or that makes attacks on or the otherwise opines or comments on any individuals orgroups of individuals, educational institutions or any other entities whatsoever (whethercompanies, firms, or any other institutions). You also agree not to post any information to whichyou do not have copyrights or other appropriate permissions to post in public forum. Your failureto comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Other Laws
Certain laws require to maintain data with respect to the Elite-IT Website and other personalinformation in a prescribed format and Elite-IT will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws ofIndia, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.
Modification, Amendment or Termination
Elite-IT may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Elite-IT Website post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
General
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Elite-IT Website shall be in writing and sent to the registered office of Elite-IT . We do not guarantee continuous, uninterrupted or secure access to the Elite-IT Website, and operation of the Elite-IT Website may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Refund Policy
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
