1. About The Company

1.1 The website www.kwantumds.com (referred to as the “Site“), the courses provided on the Site (referred to as the “Courses“), and the training services accessible on or through the Site, along with the associated software (referred to as the “Services“), are owned, operated, and maintained by Kwantum Data Services, Private Limited, hereinafter referred to as “we,” “our,” “us,” or the “Company.” Collectively, these elements are referred to as the “Company Products.” By (a) using or accessing the Company Products, including streaming, accessing or using the software; or (b) paying, either for yourself or someone else, to use or access the Company Products, you agree to the terms and conditions outlined in these terms of use (referred to as the “Terms“).

1.2 THESE TERMS, UNLESS EXPLICITLY EXCLUDED BY ANY OTHER AGREEMENT TO WHICH THE COMPANY AND/OR A USER ARE SUBJECT, INCLUDING THIS INTRODUCTORY SECTION, ESTABLISH A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE — AND ARE NOT AUTHORIZED TO USE — ANY PORTION OF THE COMPANY PRODUCTS.

1.3 For the purposes of the Terms, the term “User(s)/You” includes all individuals, whether natural or artificial, visiting the Site, including those who have agreed to become registered users on the Site by providing registration data while registering on the Site as registered users accessing the Company Products through the Website. If you are a parent, guardian, or other natural person enabling a child to access the Company Products, you agree to stand in the shoes of such a child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child if not for his or her age. This Site is intended for use by a natural person only if such a natural person is 13 (Thirteen) years of age or older.

1.4 If you are using or opening an account to use the Company Products on behalf of a company, entity, or organization (each a “Subscribing Entity“), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such an entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such a Subscribing Entity.

2. Privacy

2.1 Any personal information submitted concerning your use of the Site is subject to our Privacy Policy, available at https://www.kwantumds.com/privacy-policy, the terms of which are hereby incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

2.2 The User may obtain certain confidential information, including, without limitation, technical, contractual, product, pricing, and other valuable information reasonably understood as confidential (“Confidential Information”). The User acknowledges and agrees to hold all Confidential Information in strict confidence. Title and all interests in all Confidential Information shall be vested in the Company. The User’s obligations regarding Confidential Information will survive the termination of these Terms of Use, as per the ‘Termination‘ clause below. The User agrees that its obligations under this clause are necessary and reasonable to protect the Company’s business and expressly agrees that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, the User agrees and acknowledges that any such violation or threatened violation will cause irreparable harm and injury to the Company. In addition to any other remedies available in law, equity, or otherwise, the Company shall be entitled to obtain injunctive relief against the threatened breach of these terms or the continuation of any such breach.

3. General

3.1 The Company Products enable Users to learn via live and recorded instruction, tutoring, and learning services through our proprietary Software. The Services include, without limitation, facilitating and hosting Courses and collecting feedback from Users.

3.2 You understand and agree that these Terms are agreed to in consideration of your use of the Company Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.

3.3 Changes to these Terms. The Company reserves the absolute right to revise these Terms at its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Company Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose before the date of such revision.

3.4 Evolving Nature of Services. The Company Products are new and subject to change at any time. We are continually looking to improve the Company Products. Still, if you are dissatisfied with the Company Products at any time, your sole remedy is to discontinue use of the Company Products.

3.5 Electronic Notices. By using the Company Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Company Products. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.

 4. Connectivity Costs and Equipment

4.1 You are solely responsible for all service, internet, telephony, and/or other fees and costs associated with your access to and use of the Company Products, including any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

4.2 The Company uses internally developed systems to make the Company Products available to the User. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Furthermore, the Company continually enhances and improves these systems to accommodate the Site’s level of use. The Company may also add additional features and functionality to the Company Products that might result in the need to develop or license additional technologies. Increased utilization of the Site or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. The User agrees that the Company shall not be liable to the User or any third party claiming through the User for any such failures contemplated herein.

5. Fees and Taxes

5.1 Accessing the Site and browsing Courses is free of cost. However, the Company reserves the right to change its fee policies at any time in its sole discretion, including charging for access to the Site. Still, no fee change will be binding upon you until you agree to such fee changes.

5.2 Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with the Site promptly with a valid payment method that is accepted by the Company at its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms, including charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending the resolution of any amounts due by you to the Company.

6. General Disclaimer

6.1 We have no mechanism to control comments/discussions posted on the Site and, as such, we cannot guarantee in any manner the reliability, validity, accuracy, or truthfulness of such contents. You also understand that by using the Site, you may be exposed to Submitted Contents that you may consider offensive, indecent, or objectionable. You hereby agree to indemnify and hold the Company harmless from and against any and all claims, notices, and actions that you may have arising out of your access or use of any Submitted Content.

6.2 Those who choose to access or use the Company Products from other locations, including from outside its registered jurisdiction, may do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of the Company Products from jurisdictions where the contents or practices of the Company Products are illegal, unauthorized, or penalized is strictly prohibited.

7. Conduct

7.1 You shall only access the Company Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Company Products. You agree not to use the Company Products or the Company Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of Company Products. You should be careful before meeting any Instructor or other User in person and should only do so in public. Remember to always be safe.

8. Specific Obligations of Users using the Site

8.1 As a User, you agree that:

8.1.1 You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course.

8.1.2 If you are under the age of 18 (Eighteen), you have obtained parental or legal guardian consent before using the Site, or registering for a Course;

8.1.3 You also agree that you will not do any of the following on or through the Company Products;

8.1.3.1 Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise);

8.1.3.2 Post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory, or libelous content;

8.1.3.3 Manipulate or interfere with the Company Products; and

8.1.3.4 Reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Submitted Content or other content obtained from any Company Products without our express written permission or the permission of the Company.

9. Registration and Identity Protection

9.1 To use certain Company Products, you will need to register and obtain an account, username, and password. When you register, the information you provide during the registration process will help us offer content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the “Account”) and for all activities and liabilities associated with or occurring under your Account. You must notify us immediately of any unauthorized use of your Account and any other breach of security and ensure that you exit from your Account at the end of each Course. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.

9.2 You may not transfer your Account to any other person and you may not use anyone else’s Account at any time. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Services; and (iii) the consequences of any misuse.

9.3 For additional information on how we use your information, please see our Privacy Policy.

10. Accuracy of Account Information

10.1 In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Company Products, without any liability to you.

11. User and Submitted Content

11.1 Any materials, information, communications, or ideas that you upload, communicate or otherwise transmit or post to us on or through Company Products (the “Submitted Content”) will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating, or operating the Company Products, including, but not limited to, for quality control, redistribution, or display to Users, and professional development.

12. Copyright

12.1 You acknowledge that the software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Company Products (collectively, the “Company Content”) are the proprietary property of Company and its affiliated and/or third-party providers and suppliers (the “Third Parties”).

12.2 You agree that any and all material displayed on the Site is solely for your personal use and you shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks, and other intellectual proprietary rights and is expressly prohibited. Unless otherwise specified, when any content is downloaded to your computer, you do not obtain any ownership interest in such content or any use of the content for any other purpose. The Company reserves all rights not expressly granted to you.

12.3 All services rendered by you as a part of this agreement are works made for hire. The Company shall have exclusive and sole ownership of the intellectual property developed by us as a part of this agreement. The entire right, title, and interest in and to all copyrights in the Work; all registrations and copyright applications relating thereto and all renewals and extensions thereof; all works based upon, derived from, or incorporating the Work; all income, royalties, damages, claims, and payments now or hereafter due or payable with respect thereto; all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights; and all rights corresponding to the foregoing throughout the world shall vest with the Company with respect to the works pursuant to this agreement.

13. Other Prohibited Uses

13.1 In using the Company Products, you further agree not to:

13.1.1 Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, including by incorporating any such material in Submitted Content;

13.1.2 Upload or otherwise transmit to or through the Services any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Company Products or computers of any kind.

13.1.3 Create a false identity or impersonate another person or entity in any way;

13.1.4 Restrict, discourage or inhibit any person from using the Company Products, disclose personal information about a third person on or through Company Products or obtained from Company Products without the consent of such person or collect information about Users of the Company Products;

13.1.5 Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Company Products or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Company Products, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Company;

13.1.6 Gain unauthorized access to the Services, to other Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Services;

13.1.7 Reproduce, distribute, publicly display, publicly perform, communicate to the public, sell, trade, resell or exploit any portion of the Company Products, use of the Company Products, access to the Company Products or content obtained through the Company Products, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without Company’s express written consent;

13.1.8 Framing, embedding, and/or passing off Submitted Content obtained from the Company Products in such a manner as to present them as originating from a source other than the Company Products;

13.1.9 Copying, caching, or reformatting any Submitted Content for commercial purposes in any manner whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Company Products to alternative delivery formats;

13.1.10 Altering, defacing, mutilating, or otherwise bypassing any approved software through which the Company Products are made available; and using any trademarks, service marks, design marks, logos, photographs, or other content belonging to the Company or obtained from the Company Products;

13.1.11 Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Company Products or communications equipment and computers connected to the Company Products;

13.1.12 Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Company Products, features that prevent or restrict the use or copying of any part of the Company Products or any content accessible on or through Company Products, or features that enforce limitations on the use of the Company Products or any content accessible on or through Company Products;

13.1.13 Use any scraper, spider, robot, or other automated means of any kind to access the Company Products, except and solely to the extent permitted by these Terms and the features of the Company Products, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site or Services;

13.1.14 Interfere with or disrupt the Company Products, networks, or servers connected to the Company Products or violate the regulations, policies, or procedures of such networks or servers;

13.1.15 Violate any applicable federal, state, or local laws or regulations or these Terms; and

13.1.16 Assist or permit any persons in engaging in any of the activities described above.

14. Refund / Swap / Batch-shift

14.1 Refund Policy for Instructor-Led Live Sessions

14.1.1 We offer users a three (3)-days Refund from the Date of Purchase

14.1.2 The refund should be claimed within 3 days of Purchase. The money-back guarantee stands void if the learner has accessed more than 2 Classes in the course content or Downloaded any Kwantum Data Services Course Material for future reference

14.1.3 No such request beyond 3 days from the date of purchase of the course will be accepted, and no refund will be provided

14.1.4 All the Programs offered jointly/that will be offered jointly in the future by other institutional partners and Internship programs are Non – Refundable in nature

14.2 The money-back guarantee policy stands null in the following scenarios:

14.2.1 If any kind of course content is downloaded from Kwantum Data Services learning management system

14.2.2 If more than 2 class recordings are viewed from KwantumDS’s learning management system

14.2.3 If the learner has attended 2 or more Live Sessions

14.3 If we believe that you are abusing our refund policy, it will be our sole discretion to suspend or terminate your account and refuse or restrict any and all current or future use of company products, without any liability to you

14.4 KwantumDS reserves the absolute rights to revise these terms without prior notice to you other than by posting revised terms on the website

14.4.1 KwantumDS reserves the right to postpone/cancel an event due to insufficient enrollments, instructor emergency or natural disaster (like flood, earthquakes, political instability, etc)

14.5 Refund of the duplicate payment made by the learner will be processed to the same source (original method of payment) in 7 business days post intimation by the learner

14.6 To request a refund, please raise a ticket using your Registered Email ID only

14.7 All refund requests will be processed within 15 working days from the date of approval of the refund request from KwantumDS

14.8 There are limited seats (Batch-shift Quota) available in any Live-online class for learners availing Batch-shift option. KwantumDS may not be able to accommodate certain batch shift requests in case of unavailability of seats in Batch-shift Quota. In such cases, KwantumDS will provide options to join other batches where seats are available

14.9 Learners can avail batch shift option ONLY once in every 3 months from the start of the previous batch where the learner attended a class

14.10 Batch shift option will be available only after 15 days from the start of the previous batch

15. Procedure for Reporting Claimed Infringement

15.1 If you believe that any content made available on or through the Company Products has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Company address. Your communication must include substantially the following:

15.2 A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

15.3 Identification of works or materials being infringed or, if multiple works are covered by a single notification, a representative list of such works;

15.4 Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;

15.5 Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

15.6 A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

15.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links
16.1 While using the Company Products, you may encounter links to third-party websites (“Third Party Sites”). This could include Instructors sharing links to Third Party Sites or triggering pop-ups for your review, such as study resources or online education pages. These links are provided for convenience only. If you choose to use these links, you will exit the Site. Some of these Third-Party Sites may utilize Company proprietary intellectual property rights (like copyrights, trademarks, service marks, logos, and trade names) under license from the Company. The Company is not accountable for the availability or content of these Third Party Sites, nor for any viruses or damaging elements encountered while linking to them, regardless of whether the Company is affiliated with the owners of these Third Party Sites. Moreover, the provision of these links to Third Party Sites does not imply an endorsement or approval by the Company of the organizations sponsoring such Third Party Sites or their products or services. Be aware that you may be exposed to offensive, harmful, or damaging content on these Third Party Sites. These Terms do not apply to Third Party Sites, and you should review the applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software, or services.
16.2 YOU AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS A RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.

Disclaimer; Warranty Disclaimer
17.1 YOU UNDERSTAND THAT WHEN USING THE COMPANY PRODUCTS, PARTICIPATING IN A COURSE, OR ACCESSING COMPANY CONTENT OR SUBMITTED CONTENT, YOU MAY BE EXPOSED TO PRODUCTS, PHOTOGRAPHS, MUSIC, ARTWORK, MESSAGES, AND OTHER MATERIALS FROM A VARIETY OF SOURCES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OF, OR RELATING TO SUCH PRODUCTS, CONTENT, OR MATERIALS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO PRODUCTS, CONTENT, OR MATERIALS THAT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE COMPANY WITH RESPECT THERETO.
17.2 To the fullest extent permissible pursuant to applicable law, THE COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF THE COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE COMPANY PRODUCTS, ANY ASSOCIATED SITES OR APPLICATIONS, AND ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE COMPANY PRODUCTS) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability
18.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY OTHER CONTRACTORS OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OR RELATING TO THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE COMPANY PRODUCTS, COURSES, SUBMITTED CONTENT OR ANY PORTION THEREOF, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE COMPANY PRODUCTS, COMPANY CONTENT, SERVICES OR SUBMITTED CONTENT OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF COMMISSIONS THE COMPANY HAS RECEIVED AS A RESULT OF YOUR USE OF COMPANY PRODUCTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

Indemnification
19.1 You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of any content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use of the Company Products, the Company Content or any portion thereof, your connection to the Site or Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.

Modification of Services
20.1 We may add, change or eliminate features, pricing, nomenclature and other aspects of the Company Products and make other changes at any time and these Terms will continue to apply to the Company Products as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of the Company Products.

Dispute Resolution
21.1 Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND THE COMPANY AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO COURT) IN ACCORDANCE WITH MASSACHUSETTS LAWS, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY PRODUCTS.

21.2 There shall be one (1) arbitrator appointed mutually by the Company and You, and the seat of the arbitration shall be the State of Massachusetts, USA. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

21.3 These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, and subject to the provisions of arbitration set out herein, the courts at Massachusetts shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms.

Termination of Services; Termination of Agreement
22.1 We may terminate your use of the Company Products immediately without notice for any breach by you of these Terms, or any of our applicable policies as posted on the Site from time to time or for the breach of applicable laws. Furthermore, we may terminate your rights to use the Company Products for any other reason or no reason.
22.2 In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon termination, we may delete all information related to you on the Services and may bar your access to and use of the Company Products. Upon termination, you will immediately destroy any downloaded or printed Company Content.

22.3 You are free to terminate your use of the Company Products at any time. You can simply choose to stop visiting or using any aspect of the Company Products. If you wish to terminate your account on the Site or with the Services, you may do so by raising a support ticket from your KwantumDS Log in or using any other account termination functionality that may be offered through the Company Products.

Monitoring
23.1 All electronic communications and content presented and/or passed to the Company, including that presented and/or passed from remote access connections, may be monitored, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention/non-compliance with applicable laws. Electronic communications and content may be examined by automated means. Further, the Company has the right to reject, at its sole discretion, from the Site any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company. The Company shall not be under any obligation to furnish any clarifications or answers in the event it so rejects any content posted by the User. However, the Company has full authority to review the content posted by Users on the Site.

Miscellaneous
24.1 Entire Agreement. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.

24.2 Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

24.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

24.4 Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

24.5 No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture partner, agent, legal representative, employer, contractor, or employee of the other. Neither the Company nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

Purchase Via Recurring Payment (Installments)
25.1 In this purchase, KwantumDS is bearing the interest on behalf of the learner.
25.2 In case of failed EMI payments, KwantumDS can reach out to you requesting a change of card or an update of balance.

25.3 If not responded after multiple attempts, KwantumDS can remove access to your course.