These terms of usage govern your use of the Omakin.com website and mobile app, hereby referred to as ‘Platform’, the products and services offered by Erudite Assets Private Ltd (EAPL) through this Platform. By using or visiting the Platform you agree to be bound by these terms of use. If you do not agree to these Terms of Use, you should not use the Platform or avail the products and services offered by EAPL. For the purposes of this agreement, “You” means the individual/company or any other entity of any form/structure, who is paying for the product and services offered by EAPL and using the products and services directly or indirectly through its representative.

THE USE OF PLATFORM BY THE CUSTOMER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING TERMS OF USE

Changes to Terms of Use

EAPL reserves the right, from time to time, with or without any notice to You, to change these Terms of Use at its sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Platform. The most current version of the Terms of Use will supersede all previous versions. Your use of the Platform or continued use of our service after changes are made means that You agree to be bound by such changes.

Claims of Copyright Infringement

It is the policy of EAPL to respect the intellectual property rights of others. EAPL does not promote, foster or condone the copying of copyrighted material or any other infringing activity. If You believe Your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Platform, or know of someone who is making unauthorized use of the content of the Platform, please notify us of your concern by submitting a written notice to us at the following address:

2nd Floor, Heera Panna Business Centre, Powai. Mumbai-400076

Privacy

Any information submitted on the Platform is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy below to understand our practices. We follow a strict NO SPAM policy.

Links

Some of the hyperlinks and banners on the Platform may lead to other websites that are not controlled by, or affiliated with, EAPL. In addition, other websites may link to the Platform. EAPL has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

How our services work

Registration

• If You are registering to use the products and services, You will need to register on the site, obtain an account and password, and pay any applicable fees. 
• If you are enrolled on the Platform by your employer or trainer, You will receive the registration detail and password via email.
• You are solely responsible for maintaining the confidentiality of Your account(s), and password(s) and for all activities and liabilities associated with or occurring under Your account(s), and password(s).
• You agree to (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. 
• Note that the account is sold only to You and You are to be the sole user of the account.

Hours of availability

• EAPL works 8 hours a day (between 9:30 AM to 6:30 PM) for 5 days in a week. If You do face any technology related problems You can reach us through email at support@omakin.com any time.
• In case You write to us during non-working hours, EAPL will try to help You as soon as possible once the work at EAPL is resumed.

Academic Quality

Technology

• EAPL uses proprietary, licensed third-party technologies and free technology products. While all attempts are made to ensure stability and availability of technologies used by EAPL, it cannot guarantee uptime.
• You are solely responsible for all services, telephony availed and/or any other fees and costs associated with Your access to and use of the Services offered by EAPL and for obtaining and maintaining all telephones, computer hardware and any other equipment required for such access and use of services/courses offered by EAPL.

How our services work

Attention/ General counsel

Your notice must be signed and contain the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material on the Platform that is claimed to be infringing, and information reasonably enough to permit us to locate the material;
• Information reasonably enough to permit us to contact You, such as Your address, telephone number, and, if available, Your e-mail address;
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the above information is accurate, and under penalty of perjury, that You are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed. Our copyright notice email address is support@omakin.com. Please note, however, that for Your notice to us to be effective under the Digital Millennium Copyright Act, Your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address. For queries that are not related to copyright matters, please see other ways to [contact us].

In order to provide You with ease of access to Your account, EAPL will place cookies (small text files) on any computer/laptop/smart phone or any other device from which You access the Platform. These cookies are used to identify You throughout the Platform. While some cookies will be destroyed when You close the browser or logout of the Platform, some cookies might remain in the computer/laptop/ Smart Phone or any other device. You are responsible for updating and maintaining the truth and accuracy of the information You provide to us relating to Your account. You are also responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile device. You are warned against sharing Your account password with other people as this constitutes breach of Your contract with EAPL and You may be prosecuted. Also, if You decide to share Your account with other people, You take full responsibility for use of their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Platform. If You find that You’re a victim of identity theft and it involves a EAPL account, You should notify immediately to support@omakin.com. Then, You should report this instance to all Your credit card issuers, as well as Your local law enforcement agency.

EAPL reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. EAPL is not obligated to credit or discount a membership for holds placed on the account by either a representative of EAPL or by the automated processes of EAPL.

 Disclaimer of Warranty; 

Limitations: THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE 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 OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

Copyright: All content included on the Platform and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of EAPL. The compilation of all content on this site is the exclusive property of EAPL and protected by international copyright laws. Content shall not be reproduced or used without express written permission from EAPL. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. EAPL reserves the right to terminate Your membership hereunder if EAPL, in its sole and absolute discretion, believes that You are in violation of this paragraph, such violations including the copying of content provided to You by us or the copying or other unauthorized use of our proprietary content. The use of the Platform is solely for Your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Platform.

Trademarks: The Omakin.com logo are trademarks or service marks of Erudite Assets P Ltd. The Platform, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of EAPL. The trademarks, service marks and trade dress of EAPL may not be used or reproduced without prior written approval from EAPL and may not be used in connection with any product or service that is not affiliated with EAPL, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of EAPL, or in any manner that disparages or discredits EAPL. Other trademarks that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EAPL. Any images of persons or personalities contained on the Platform are not an indication or endorsement of EAPL or any product or our service unless otherwise indicated.

Indemnification

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 attorney’s fees and related costs and expenses, due to or arising out of any User Content You submit, post to, email, or otherwise transmit to us or through the Services, Your use of the Services, the Company Content or any portion thereof, Your connection to the 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.

Membership and Billing

Billing

Refund and Cancellation

Pricing

Modifications to the Service

We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (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 the site or the Services.

Web Site Content

We distribute subject content, and other animations and we reserve the right to display and promote the content or other information on our Web site to You in any manner we choose in our sole and absolute discretion. In addition, the Platform allows You and other third parties to post comments, give feedback concerning the services offered, our faculty, and subject content distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Platform are those of the respective authors or producers and not of EAPL, ,or its shareholders, directors, officers, or employees. Under no circumstances shall EAPL, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by Your reliance on information obtained through the Platform. It is Your responsibility to evaluate the information, opinion, advice, or other content available through the Platform.

General

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 herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Maharashtra, India applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Maharashtra, India. Any notice or other communication to be given hereunder will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party 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.

Use of Information Submitted

EAPL is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to EAPL (“Content”), including, without limitation, responses to questionnaires or through postings to the Platform without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Platform or other websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, You grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note EAPL does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or Courseming in any media to materials or ideas transmitted to EAPL. Should You send any unsolicited materials or ideas, You do so with the understanding no additional consideration of any sort will be provided to You, and You are waiving any claim against EAPL and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea You sent.

Privacy Policy

Collected Information: We require customers who register to use the services offered on our Site (collectively, the “Service”) to give us contact information, such as their name, address, phone number, and e-mail address, and billing information, such as billing name and address, credit card number, and the school grade and subjects to use the service. We also receive and may store certain types of information whenever You interact with us. For example, like many Web sites, we use “cookies” and we obtain certain types of information when Your Web browser accesses Platform. More information on our use of “cookies” can be found below Platform uses the information that we collect to set up the Service for our customers. We follow a strict NO SPAM policy. Customer email addresses and any personal customer information will not be distributed or shared with third parties. In order to tailor our subsequent communications to You and continuously improve our products and services (including registration), we may ask You to provide us with information regarding Your personal or professional interests, experience with our products and services, and more detailed contact preferences. Customers and visitors always have the option of choosing not to provide us with this information. Except as we explicitly state at the time, we     request information, we do not disclose to third parties the information provided. All financial and billing information that we collect through the Site is used solely to check the qualifications of prospective customers and to bill for the Service. This billing information is not used by EAPL for marketing or promotional purposes. EAPL uses a third-party intermediary to manage the credit card processing. This intermediary uses the information for the sole purpose of credit card processing. EAPL may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Special Relationships: EAPL has a number of relationships with business partners with whom we may share Your personal information for the purpose of providing a service, fulfilling an order or completing a transaction. For example, we use certain vendors for the purpose of providing credit card transaction and check processing services. These vendors verify Your purchase information, such as credit card number or checking account number, and authorize Your transaction. In doing so, they have access to data about users, but they are prohibited from using this information for any other purpose. We also strongly urge You to read the privacy policy of our business partner at the business partner’s site.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include You in or exclude You from these tests without notice.

Cookies: The Platform uses software tags called "cookies" to identify customers when they visit our site. Cookies are used to remember user preferences and maximize performance of our services. The information we collect with cookies is not sold, rented, or shared with any outside parties. Users who disable their Web browser’s ability to accept cookies will be able to browse our Website but will not be able to successfully use our Service. We use both session ID cookies and persistent cookies. A session ID cookie expires when You close Your browser. A persistent cookie remains on Your hard drive for an extended period. You can remove persistent cookies by following directions provided in Your Internet browser’s “help” file. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. This privacy statement covers the use of cookies by Platform only and does not cover the use of cookies by any advertisers.

Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our website to help us administer our website and improve its quality. Such third parties may use cookies to help track visitor behaviour. Such cookies will not be used to associate individual website visitors to any personally identifiable information. All data collected by such third parties on behalf of Platform is used only to provide us with information on site usage and is not shared with any other third parties.

Web Beacons: Web pages may contain an electronic file called a web beacon that allows a web site to count users who have visited that page or to access certain cookies. EAPL uses web beacons in the following ways: Within the Platform: EAPL uses web beacons within the EAPL web site in order to count users and to recognize users by accessing EAPL cookies. Being able to access Platform cookies allows us to personalize Your experience when You visit the EAPL web site that are located both on and off of the EAPL domain.

HTML E-mail: EAPL’s practice is to include web beacons in HTML-formatted email messages (messages that include graphics) that EAPL, or its agents, sends in order to determine which email messages were opened and to note whether a message was acted upon. In general, any file served as part of a web page, including an ad banner, can act as a web beacon. EAPL may also include web beacons from other companies within pages served by EAPL so that EAPL’ advertisers may receive auditing, and reporting.

Log Files: The Platform maintains log files of the traffic that visits our site. We do not link any information gathered in these log files to personally identifying information. Log files are used to manage traffic loads and information technology requirements for providing reliable service. Information collected includes IP addresses and browser types.

Electronic Communications

By using the Platform service, You consent to receiving electronic communications from EAPL. These communications will include notices about Your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured content or other announcements, or offerings. These communications are part of Your relationship with EAPL and You receive them as part of the EAPL subscription. You agree that any notice, agreements, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

Information Security

The security of Your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect Your personal information, we cannot guarantee its absolute security. All information gathered on the site is stored and maintained in secure facilities that limit access to authorized personnel only.

Conduct

You may only access the site and use the Company Content and the Services 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 Services. You agree that You will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which You are not authorized to claim such a relationship; (iv) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or (v) EAPL reserves the right to block any user in case of any misuse, such as spamming other users, indecent or fraudulent behaviours etc.. You agree that You will treat the faculty and other users with respect and not use obscenities in any form of communication including discussion fora and webinars, make threats, or discuss matters other than those directly related to the academic subject for which You seek help. You agree that You will not solicit any personal information from any faculty), and agree that if any faculty ever discloses such information to You, asks You for any personal information, or suggests any offline meeting or conversation, You agree to immediately report this to us by phone and in writing.

Retention of Information

The Platform will keep personal information of its users for as long as they are registered subscribers or users of our products and services, and for a reasonable time thereafter.

Limitations on Use

You must be 18 years of age or older to subscribe to the Platform service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on the Platform is for Your personal and non-commercial use and we grant You a limited license to access the Platform for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Platform without our express written consent. EAPL does not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Platform or its contents will terminate the limited license granted by us.

Legal Disclaimer

We reserve the right to disclose Your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

Change in this Privacy Statement: If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that You are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently.

Fair Usage Policy

Every user must have his or her own operational account. Subscription abuse applies to usage of one account by multiple users, sharing training courses with others or booking many sessions and not showing up for them. These constitute a violation of the terms of service and EAPL reserves the right to cancel a customer account or limit usage if there is suspected account abuse. If Your account is suspended or limited please mail at support@omakin.com. Cancelled or limited accounts are not entitled to any refunds/ transfers for used or unused subscription services. So, keep Your account login information confidential and private.

Right to Terminate

We reserve the right to terminate or restrict Your use of our service, without notice, for any or no reason whatsoever.

Contact Us

If You have any questions or suggestions regarding our privacy policy, please contact us by emailing support@omakin.com.