TERMS OF SERVICES
Effective Date: December 11, 2021.
Avicenna Health Institute (AHI) presents products and services provided by AHI. The following Terms of Service ("Terms") apply to your use of our website, mobile applications, and other products and services ("Services").
As some of our Services may be software that is downloaded to your computer, phone, tablet, or other devices, you agree that we may automatically update these, software subscriptions and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY (ORGANISATION) THAT YOU REPRESENT (hereinafter “You” or “Your”) AND AHI (hereinafter referred to as “We”, “Us”, “AHI”) GOVERNING YOUR USE OF AHI OF SOFTWARE APPLICATIONS AND SERVICES.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS THAT APPLY TO ALL CLAIMS AGAINST AHI. PLEASE READ THEM CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS.
Who May Use our Services?
You may use our Services only if you are legally capable of entering into a binding contract with AHI and only in accordance with these Terms and all applicable laws. When you create an AHI account and later use certain features, you must provide us with accurate and complete information, and you agree to keep that information accurate and complete. Any use or access by anyone under the age of 14 years is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Parts of this Agreement
Description of Service
We offer a range of software products and services to support education, skills development, and career development ("Service" or "Services"). You may use the Services for personal and business purposes, as well as for internal business purposes within the organization represented by you. You may access the Services through any Internet browser that the Services support. You are responsible for obtaining Internet access and any necessary equipment to use the Services. With your user account, you can create and edit content, as well as publish and share it.
Acceptance of the Terms
● Your use/access/browsing of the Services (whether for a fee or without a subscription) in any manner shall signify your acceptance of the Terms of Service and Your agreement to be legally bound by the same.
● You must be at least 14 years old (or the minimum legal age in your country to use our Services). If you are under the legal age to use our Services, it is mandatory for your parent or guardian to read and accept the terms and conditions set forth above on your behalf, and your use of the site constitutes your receipt of parental consent. If your parent or guardian has not read and agreed to the terms and conditions, you will not have permission to use our site.
Ownership of Content
User Sign up / Registration Obligations
To access or use the Services, you must create a user account by providing all required information. If you represent an organization and wish to use the Services internally, we recommend that you and all other users from your organization create user accounts using your organization's contact information. We recommend that you use your organization's email address in particular. You agree to:
● Provide true, accurate, current and complete information about yourself as prompted by the sign up process; and
● Maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, out of date, or incomplete, or if AHI has reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or incomplete, AHI has the right to terminate your user account and deny you access to any or all of the Services.
Organization / Institution Accounts and Administrators
When creating an account for your organization, you have the option of specifying one or more administrators. Administrators will be able to configure the Services according to your specifications and manage end users through your organization's account. If a third party created and configured your organization account on your behalf, it is likely that the third party assumed the administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for:
● Ensuring confidentiality of your organization account password,
● Appointing competent individuals as administrators for managing your organization account, and
● Ensuring that all activities that occur in connection with your organization account comply with this Agreement.
● Taking necessary steps for ensuring that your organization does not lose control of the administrator accounts.
You understand that AHI is not responsible for account administration and internal management of the Services for you. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to email@example.com. Provided that the process is acceptable to AHI. In the absence of any specified administrator account recovery process, AHI may provide control of an administrator account to an individual providing proof satisfactory to AHI demonstrating authorization to act on behalf of the organization. You agree not to hold AHI liable for the consequences of any action taken by AHI in good faith in this regard.
Use of Our Services
The following terms apply to all users of our “Services”, whether or not you are a Registered User:
● You shall not decompile, reverse engineer, or disassemble the contents of the “Services” or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the “Services”, or remove any copyright, trademark registration, or other proprietary notices from the contents of the “Services”.
● No User of our “Services” shall be permitted to perform any of the following prohibited activities while availing our Services:
a) Transfer the Services or otherwise make it available to any third party;
b) Provide any service based on the Services without prior written permission;
c) Use the third party links to sites without agreeing to their website terms & conditions;
d) Post links to third party sites or use their logo, company name, etc., without their prior written permission;
e) Publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
f) Use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of AHI;
g) Violate any applicable local, state, national or international law; and
h) Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
i) Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
j) Interfering with any other person’s use or enjoyment of the “Services”;
k) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
l) Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
m) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
n) Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the “Services”, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
o) Access or use the “Services” in any manner that could damage, disable, overburden or impair any of the Applications’/Websites’ servers or the networks connected to any of the servers on which the Applications’/Websites’ are hosted;
p) Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the “Services”, violate any requirements, procedures, policies or regulations of networks connected to the “Services”, or engage in any activity prohibited by these Terms;
q) Disrupt or interfere with the security of, or otherwise cause harm to, the “Services”, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the “Services” or any affiliated or linked sites;
r) Interfere with, or inhibit any user from using and enjoying access to the “Services”, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the “Services”;
s) Use deep-links, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the “Services”, to access, acquire, copy or monitor any portion of the “Services”, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the “Services”;
t) Alter or modify any part of the Services;
u) Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdiction; or
v) Violate any of the terms specified under the Terms for the use of the “Services”.
• Any violation of the terms by you may result in the immediate suspension or termination of Your Accounts, in addition to any other legal remedies available to the Company. Additionally, the Company may disclose Your Account Information in these instances if required to do so by a governmental or legal authority. You acknowledge that violating these Terms may also subject you to civil or criminal liability under applicable law.
• When using mobile devices such as smartphones and tablets to access our "Services," standard network charges for online connectivity may apply.
Personal Information and Privacy
Information and Availability
In the preparation of the “Services” and contents therein, every effort has been made to offer the most current, correct, complete, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. We make no warranty or represent the accuracy of the information that may be contained in the “Services”. You are advised to verify the accuracy of any information before relying on it. Any feedback from the User is most welcome to make the “Services” and contents thereof error-free and user-friendly. AHI also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Further, due to the inherent nature of the internet, errors, interruptions, and delays may occur in the service at any time. Accordingly, our “Services” areas provided “as is” without any warranties of any kind, express or implied, and we do not accept any responsibility and liability arising from any inaccuracy or omission in the information or interruption in availability.
Our “Services” provide Users with access to compiled educational information and related sources. Such information is provided on an “As Is” basis, and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the “Services”. We would not be responsible for any errors, which might appear in such info curriculum are-based compiled from third-party sources, or for any unavailability of such information. From time to time the “Services” may also include links to other third-party websites. These third-party links are provided for your convenience to provide further information. They do not signify that we endorse the third-party website(s). We have no responsibility for the content of the linked third-party website(s).
The contents of the “Services” are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the “Services” is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. Subscription to the “Services” or usage of our “Services” does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
AHI reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
AHI shall have the right, but not the obligation, to monitor the content of the “Services” that are posted, uploaded, published, or shared by the users including any chat rooms and forums, to determine compliance with these Terms, and any operating rules established by AHI and to satisfy any law, regulation or authorized government request. AHI shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the “Services”. Without limiting the foregoing, AHI shall have the right to remove any material that AHI in its sole discretion, finds to be in violation of the provisions hereof, its Terms, or otherwise objectionable. Although AHI reserves the right to remove, without notice, any posting for any reason, AHI has no obligation to delete submissions that you may find objectionable or offensive.
AHI has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the “Services” as it deems fit at any time without notice. AHI makes no commitment, express or implied, to maintain or continue any aspect of the Application. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. All prices are subject to change without notice.
Further, AHI has the right to amend these Terms of Services from time to time without prior notice to you. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Services may also be superseded by provisions or notices published elsewhere on our site. Information on our site is subject to change without any prior notice or obligation to notify you. Additionally, we reserve the right to change any and all content, software and other items used or contained on our “Services” at any point in time without notice.
You agree to defend, indemnify and hold harmless the company “AHI”, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
● Your use of and access of the Services;
● Your violation of any term of these Terms of Services or any other policy of AHI;
● Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or
● Any claim that your use of the Services has caused damage to a third party.
● In respect of all aspects of our “Services” and any other party (whether or not involved in creating, producing, maintaining or delivering our site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our “Services” in any way or in connection with the use, inability to use or the results of use of our “Services”, any websites linked to our “Services” or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our site or your downloading of any material from our site or any websites linked to our site.
● In no event shall the Company, its officers, directors, employees, partners, or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data, or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application. You have sole responsibility for use of the Services.
● In no event shall AHI be liable to you in relation to the Services, or your use, misuse, or inability to use the Services for any indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantages); or direct damages in excess of the amount you paid to AHI for the applicable product.
Third-Party Websites and Property
● We respect the intellectual property rights of third parties and prohibit our registered users or users to post, publish or display any information or material whatsoever on our “Services”, which may infringe the intellectual property of third parties. When we receive proper written notification of alleged infringement of intellectual property rights of third parties, we will promptly remove the alleged infringement information or material from our “Services” and will terminate the account of the repeated infringers.
● Reference to any services, goods, products, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation or association therewith, by us.
● To maintain good business practices, we have an effective Takedown policy in place; In accordance thereto, you are encouraged to bring to our notice, any content that may be available on our website, of which you are the proprietor. We shall respond to the Takedown request as per our policy.
Third-Party Websites and Content
Applicable Law and Jurisdiction
Our “Services” and its Materials are provided on an “As is” basis with all faults and without any warranty of any kind. AHI hereby disclaims all warranties and conditions with regard to the “Services” and its Materials/Content including without limitation, all implied warranties and conditions of merchantability and fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability, and non-infringement. Additionally, AHI shall not be liable for any damages arising out of or in connection with the use or performance of our “Services”. Your use of any information or materials on the “Services” is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that “Services” provided by us meet your specific requirements. Our “Services” may be temporarily unavailable at any point in time due to maintenance, up-gradation, or any other reason. We do not claim any responsibility, liability for any omission, error deletion, defect, or destruction in user communication. We are not responsible for any malfunction technical or other problem of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion in our “Services”, including injury or damage to your or to any other person’s computer, hardware, software or mobile phone as a result from using or downloading materials in connection with our “Services”. We are not responsible or liable for any loss or damage resulting from the use of our “Services” or any Content or Third-Party Applications, Software or Content posted on or through our “Services” or transmitted to users, or any interactions between users of our site, whether online or offline
Applicable Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of USA, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Fairfax County, Virginia, USA, and you hereby accede to and accept the jurisdiction of such courts.
● Notice: All notices served by the Company shall be provided via email to your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to firstname.lastname@example.org.
● Assignment: You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.
● Severability: If for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Services shall continue in full force and effect.
● Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Services, or any related right, shall not constitute a waiver by the Company of that provision or right.
● Relationship: You acknowledge that your participation or use of our “Services”, does not make you an employee or agency or partnership or joint venture or franchise of the Company.
● Feedback: Any feedback you provide with respect to our “Services” shall be deemed to be non-confidential. AHI shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
a) Your feedback does not contain confidential or proprietary information of You or third parties
b) The Company is not under any obligation of confidentiality, express or implied, with respect to the feedback;
c) The Services may have something similar to the Feedback already under consideration or in development; and
d) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances unless specified.
● Customer Care: We make all our Content best endeavors to provide you with a pleasant experience. In the unlikely event that you face any issues, please contact us at email@example.com.
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