Terms And Conditions (“End user agreement”)

THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND RESILIENTU. (“WE,” “US,”) AND GOVERN YOUR USE OF OUR WEBSITES AT www.resilientu.in AND ANOTHER SITES CREATED BY US FROM TIME TO TIME (THE “SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE “PRODUCTS”). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE “SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.

1. SERVICES

Please read the Terms of Use carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Service.

ResilientU grants you a non-exclusive, non-transferable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or canceling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

RESILENTU grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you 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. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a RESILENTU authorized representative. This also applies to content you can access via any of our APIs or social channels controlled by us.

We generally give a Lifetime Access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Terms.

Lifetime Access is for the lifetime of the Service. If for any reason, we should dissolve or cease to exist, then your access to the Service terminates.

Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and we make no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to withdraw or amend the Service, and any content or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

2. PAYMENT

You may purchase licenses to certain Products through a one-time payment or in monthly installments, as specified on the Sites. When you make a purchase, you authorize us to charge the credit, debit card, or other payment accounts (please refer to their Privacy policy, Terms and conditions, and Refund policy) you provide on a one-time or monthly basis, depending on which payment plan you elect.
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include but are not limited to the following: fraudulent or potentially orders, incorrect pricing or non-payment.

3. REFUNDS

Each of the Products sold by Us on this Site has its own refund policy noted on the sales page and/or check-out page. If you have questions about a specific policy, please email us at query@resilientu.in before you purchase.
If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.

4. YOUR CONTENT

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly, or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

5. YOUR CONDUCT

You agree that you will not:
(i) use the Services in a manner that (a) violates any applicable international, federal, state, or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Services;
(v) reverse engineer, decompile or disassemble any portion of the Services;
(vi) “scrape” information from the Services by automated means;
(i) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(vii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
(viii) reproduce, modify, display, distribute, sell, resell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
(ix) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or falsely claim that you have an affiliation with the Company, a Company employee, another user, or any other person or entity, or have been endorsed by the Company, a Company employee, another user, or any other person or entity.

6. PROPRIETARY RIGHTS

As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance, and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of RESILENTU, which is protected by copyright and other laws respecting proprietary rights. RESILENTU retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.

8. INDEMNITY

You agree to indemnify, defend and hold harmless RESILENTU and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. RESILENTU reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

9. DISCLAIMERS; LIMITATIONS OF LIABILITY

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.

(c) IN NO EVENT SHALL RESILENTU OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, RESILENTU’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE

(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER, OR OPINION BY RESILENTU OR OUR AFFILIATES, PRINCIPALS, OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL, OR ACCOUNTING, LEGAL, OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

10. International Use.

We operate the Service in India. If you choose to access our Service from locations outside India, you consent to the collection, transmission, use, storage, and processing of content and data (including your personal information) in India. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Service, if and to the extent local laws are applicable to the use of our Service. The right to access and use the Service is not granted in jurisdictions, if any, where such access and use may be prohibited or would render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.

11. PRIVACY

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

12. CHANGES

We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.

13. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to query@resilientu.in 

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

14. Third-Party Materials

Certain components or features of the Service may include materials from third parties and hyperlinks to other websites, resources, or content (“Third-Party Content”). Such Third-Party Content may be subject to different terms and conditions and privacy practices. The Company, which has no control over such Third-Party Content, is not responsible or liable for the availability or accuracy of such Third-Party Content, or the content, products, or services available from such Third-Party Content. Links to Third-Party Content are not an endorsement by us of such Third-Party Content. You acknowledge and agree that we will not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use or reliance upon any Third-Party Content. ACCESS AND USE OF THIRD-PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.

15. SMS

• By subscribing to our services and other notification services, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. You also authorize us to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchase.
• If you are experiencing issues with the messaging program you can send in an email at query@resilientu.in for more assistance.
• Carriers are not liable for delayed or undelivered messages.
• As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
• If you have any questions regarding privacy, please read our Privacy Policy

16. Disclaimer of Warranties

• NO WARRANTIES. THE SERVICE, AND ALL DATA, INFORMATION, SOFTWARE, MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, OTHER USER CONTENT, REFERENCE SITES, SERVICE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (THE “OFFERINGS“), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY PARTIES AS DEFINED ABOVE DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
• CONTENT. THE COMPANY, AND THE COMPANY PARTIES AS DEFINED ABOVE, DO NOT WARRANT THAT THE SERVICE OR ANY DATA, USER CONTENT, OTHER USER CONTENT, MATERIALS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE COMPANY, AND THE COMPANY PARTIES, MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
• HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, MATERIALS, SOFTWARE, OR DATA THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.

17. LIMITATION OF LIABILITY.

• Limitation of Liabilities. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR THE COMPANY PARTIES AS DEFINED ABOVE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF THE COMPANY OR THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING TO (i) THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH US OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE OR OFFERINGS, INCLUDING OTHER USERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
• LIMITATION OF DAMAGES. IN NO EVENT WILL THE COMPANY’S OR THE COMPANY PARTIES’ AS DEFINED ABOVE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
• BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE SERVICE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

18. MISCELLANEOUS

No joint venture, partnership, employment, or agency relationship exists between you and RESILENTU as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and RESILENTU with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral, or written, regarding the Services. RESILENTU may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, RESILENTU shall be entitled to seek equitable relief where appropriate if you breach any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to RESILENTU. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with RESILENTU. Notices to us shall be sent by email to query@resilientu.in