Users of the Services (“Users”) may be “Students,” which means they have registered with NexMark and have current paid (by User or on their behalf) access to courses, workshops, career tracks, or other programs (collectively, “Programs”). Users may also be “Visitors,” which comprise all Users that are not Students, or Students that are accessing unpaid content or portions of the Services.

This Agreement applies to all Users (also referred to as “you” or “your”). By using the Services, you acknowledge and agree that you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection with the Services and other products and services we may offer or make available to you (“Additional Terms”). Our Privacy Policy (“Privacy Policy”) and the Additional Terms are hereby incorporated into this Agreement by reference. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

We may modify this Agreement from time to time. Your continued use of the Services after any modification to this Agreement shall constitute agreement to the modified Agreement. We will provide or display notices of material changes on the Services and/or e-mail you or notify you upon login about these changes, provided that the form of such notice is at our discretion. Once we post or make available such changes on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by such changes. Please check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

In order to access and utilize content, features, and/or functionality of the Services, we require that you register for a NexMark User Account using your preexisting Facebook, Google, or LinkedIn account, or with a unique username (email address) and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, name and other information (collectively, a “User Account”). Certain information you provide for your User Account will be visible to other Users of the Service. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information

If you elect to become a registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify NexMark of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any User Account or element of the Services.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Site, to registered Users and/or otherwise, as we determine in our sole discretion. You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technology and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such same in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times, and shall not violate or attempt to violate any security components thereof.

This Agreement shall remain in effect while you use the Services. NexMark may terminate this Agreement and/or suspend your use of or registration to the Services at any time for any reason. Even after this Agreement and/or your use of the Services is terminated or suspended, your obligations under this Agreement, the Privacy Policy and the Additional Terms, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect, however, you agree that NexMark shall have no further liability or responsibility to you.

To the extent you choose to purchase NexMark products/services, you represent and warrant that (i) you are 18 years of age or older and (b) you agree to pay, in full, any and all applicable fees and charges (including, without limitation, all applicable taxes) as they become due, and your failure to pay any such fees may result in the termination of your User Account. NexMark does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to NexMark at the time of purchase. If the payment method you use (e.g., credit card, etc.) reaches its expiration date and you do not edit your payment method information or cancel your User Account, you acknowledge and agree that NexMark may continue to bill such payment method and you shall remain responsible for any uncollected amounts.

You acknowledge and agree that we may utilize certain third party operational service providers, including, without limitation, third-party payment systems, in connection with your purchases via NexMark. All purchases made through these third party operational service providers are subject to their respective terms and conditions of use. NexMark makes no guarantees or representations regarding the performance or fairness of these third party operational service providers, including any third-party payment services, and we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Program subscriptions will not change price post-subscription for the duration of the subscription. Prior to any purchase confirmation, prices are subject to change without notice. Additional terms may apply to your access to and use of the Services and all such terms are deemed Additional Terms and incorporated herein by reference.

All charges on the Site are facilitated through Razorpay, a third-party payment processing service. Users making a purchase on the Site must agree and are subject to the Razorpay Agreement. Such Users must expressly consent to this Razorpay Agreement and Terms of Service. By agreeing to this Agreement, or continuing to operate as a User of the Services, you agree to be bound by the Razorpay Services Agreement, as the same may be modified by Razorpay from time to time. As a condition of NexMark enabling payment processing services through Razorpay, you agree to provide NexMark accurate and complete information about you and your business (if applicable), and you authorize NexMark to share it and transaction information related to your use of the payment processing services provided by Razorpay.

NexMark may replace its third-party payment processing services without notice to you.

We respect your privacy and the use and protection of your personal information. Our information collection and use policies are set forth in our Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

NexMark (and/or its licensors) own all right, title and interest in and to the Services, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use in accordance with the terms and conditions of this Agreement, and for no other purposes, and except as expressly authorized by NexMark herein and/or set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Services, including, without limitation, any content therein, without the express, prior written consent of NexMark or its owner if NexMark is not the owner. You further understand and agree that the framing or scraping of or in-line linking to the Services and/or the use of Web crawler, spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services.

The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial and limited personal use and for no other purposes. You are solely responsible for your conduct in connection with the Services.

You may not:

alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, and/or modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person in doing so; except as expressly authorized by NexMark and set forth in Additional Terms, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use or share the Services, including, without limitation, any content therein, without the express, prior written consent of NexMark or its owner if NexMark is not the owner; engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party, (b) affects adversely or reflects negatively on NexMark, its affiliates, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, and/or (c) discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services; modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User; impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity; and/or solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information.

The Services may provide the use of and/or utilize certain social media features and functionality in connection with your use of the Services, including, without limitation, in order to enable you to log-in to the Services via third party online services, such as Facebook, Google, and LinkedIn (“Third Party Social Media Services”). By logging into the Services using account information from a Third Party Social Media Service or enabling functionality from or engaging in the use of Third Party Social Media Services as part of your use of the Services, you agree that we may transmit your login credentials and other related information to the providers of Third Party Social Media Services and may receive other information from such Third Party Social Media Services regarding you. For more information about our information collection and use policies with respect to the privacy of such information, please see our Privacy Policy.

We may provide links to third party resources from our Site. You acknowledge and agree that the links included anywhere in the Services to any third party websites, content, data, information, applications, goods, services or materials, including, without limitation, Third Party Social Media Services (collectively, “Third Party Services”) do not constitute an endorsement by NexMark. NexMark does not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including their privacy policies), whether the Services’ or NexMark’s logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services you interact with obtains or collects personal information from you, in no event does NexMark assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

The Services may provide you and other Users with an opportunity to participate in viewing communities, message boards, chat rooms, personal profiles, forums and other message, comment and communication features on the Services, including in connection with Third Party Social Media Services that provide you with the opportunity to submit, post and otherwise make available content, messages and other information via the Services (collectively, “User Content”). You represent, warrant and covenant that (i) you own any and all User Content you make available or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein, and (ii) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.

We do not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content.

You agree that (i) you have no expectation of privacy in any User Content and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and NexMark by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. You may not submit, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, as determined in NexMark’s sole discretion.

Without limiting the foregoing, you may not submit, post, and/or otherwise make available through the Services any User Content that: you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity; contains a software virus, worm, spyware, Tromay horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; and/or that is or may be construed as in violation of this Agreement, as determined in NexMark’s sole discretion.

The Programs may provide you with the ability to post messages to User forums or User review pages, and send messages and communications to other Users and/or NexMark. You agree to use communication methods available on the Programs only to send communications and materials related to the subject matter for which NexMark provided the communication method, and you further agree that all such communications by you shall constitute User Content and shall be subject to and governed by this Agreement. By using any of the communications methods available on the Services, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by NexMark in any manner (unless expressly stated otherwise by NexMark) and (c) communications are not screened, monitored or pre-approved by NexMark in any manner, though NexMark reserves the right to do so at any time at its sole discretion in accordance with this Agreement.

NexMark assumes no responsibility or liability for monitoring, or failing to monitor, the Services for inappropriate content or conduct; however, if at any time NexMark chooses in its sole discretion to monitor the Services, NexMark nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to NexMark, as determined in NexMark’s sole discretion; provided, however, that NexMark shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. Further, you acknowledge, consent and agree that NexMark may access, preserve and disclose your User Account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of NexMark, other Users and/or any third parties including acting in urgent circumstances.

The Contact details of the Officer as below:

Name- Mr. Ashish Singh

Email- [email protected]

All the grievances and any discrepancies of the provider of information shall be redressed within one month (30 days) from the date of receipt of grievance.