These are the rules and restrictions that govern your use of our Website(s), Platform, Products, Services and Applications. If you have any questions, comments, or concerns or suggestions regarding these Terms or the Services, please contact us.
These Terms will also apply to all ongoing software updates for Analyttica TreasureHunt
By agreeing to these terms, you also agree to resolve disputes with Analyttica through binding Arbitration Proceedings (and with very limited exceptions, not in Court/s), and you voluntarily waive certain rights to participate in Class Actions, as detailed below in a Clause on Arbitrate.
We are constantly in the process to improve our Services, so these Terms may need to change along with the relevant Services. Therefore, we reserve our right to change the Terms at any time, but if we do so, we will bring it to the attention of the Users by placing a Notice on the Analyttica Websites or by sending you an email, or by some other means.
The Changes will become effective immediately upon posting by us. The Changes addressing new functions for a Service or Changes made for legal reasons will be effective forthwith. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you continue to Use the Services in any manner after a Change to the Terms is effective, it means you have deemed to have agreed and accepted to all the Changes.
Except for Changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and agreed by both you and us
Analyttica takes the privacy of its users very seriously. For the current Analyttica Privacy
Analyttica provides its platform “ATH LEAPS” (“Platform”) which allows user to LEARN APPLY SOLVE concept. This platform will allow users to engage in online courses offered by Analyttica and solve complex case studies. (the “Services”).
Analyttica offers various Services (Programmes) for freshers, intermediaries, and professionals (the “Modules”). Each of such module consists of different Courses and Case Studies, for different type of User (s). It is the endeavour of Analyttica to constantly keep updating each of the modules for the benefit of the Users to enhance and enrich their knowledge. Therefore, the number of Courses in each of the modules are updated from time to time and in that process the number of Courses contained in each of the modules may either be reduced or increased keeping in pace with the dynamics of development in the field. If the User (s) had completed any Course or was half-way through in a Course, prefers either to continue from where he / she left or start from the beginning may do so according to their own interest of learning. However, if the User (s) was half-way through in a Course and the particular Course is updated in the meanwhile,then the User (s) required to start the Course from the beginning in order to successfully complete such selected modules. However, the Courses accomplished in the module by each User will be automatically updated in their respective Dashboard.
In order to use the Services, you are required to Sign-up for an Account and select a username and password (the “Analyttica User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select User ID or Name that you don’t have the right to use, or another person’s Name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. In the spirit of fairness, you may not have or control more than one active User ID and participate in Competitions (defined below). If we determine that you are operating under more than one Analyttica User ID, we may disqualify you from any of our Services without notice and revoke access to your Analyttica User ID.
You represent and warrant that you are of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not set up an Account, but we encourage you to invite a parent or guardian to open an Account and help you enroll in the Courses that are appropriate for you. If you are below this age of consent to use online Services, you may not create an Account. If we discover that you have created an Account that violates these rules, we will terminate your Account, forthwith without any notice to you.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party (ies), and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
Analyttica may provide the Certificate Highlighter and / or any other Service (s) free of cost. If, You / User desirous to avail those free Service/s, then You / User unequivocally agree and declare that you / User will give prominence and highlight the Certificate of Leaps alone.
You will keep all your registration information accurate and current. You will not share your Account or Password with anyone, and you must protect the security of your Account and your Password. You are responsible for any activity associated with your Account. You may not transfer your Account to any other person and you may not use anyone else’s Account at any time.
Analyttica offers Analyttica TreasureHunt (ATH), a simulation-based “do it yourself” data exploration and Machine Language (ML) Platform along with business cases to facilitate Analytics and Machine Language. The Platform allows you to the following:
- Create use Cases and Upload relevant Data.
- Undertake Data Manipulations, Data Mining, Visualization to clean, transform and understand your Data.
- Run advanced modelling and Natural Language Processing (NLP) Algorithms based on your requirements.
- Access the coding console to code in R / Python; Access Business use cases that have been shared with your Account.
The Services are only a marketplace for various Users and Students. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users or Students, including, but not limited to, any User’s reliance upon any information provided by any Instructors / Experts.
We do not control Submitted Content posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, Analyttica may expose you to Submitted Content that you consider offensive, indecent, or objectionable. Analyttica has no responsibility to keep such content from you and no liability for your access or use of any submitted content, to the extent permissible under applicable law. Analyttica also takes no responsibility of the implications involved if such Submitted Content is used commercially by you or others.
Analyttica doesn’t claim to have the expertise in any natural and unnatural events like infectious disease or epidemiology. The data-case presented as a part of Service is only for educational purposes and is not intended to be a tool for decision making. Analyttica doesn’t claim the authenticity of the data and doesn’t have the knowledge, information, or insights about the sources and processes followed towards presenting the data in the sources.
Any hindsight analysis, fact stating, or predictive analytics / modelling, forecasting that is done by Analyttica or any User using the available data will be for academic purposes only and is not suggestive in any form for influencing any behaviour or decision making.
Analyttica does not take accountability of any registered User of this Platform, utilizing thedata in the raw form after downloading from this Platform and / or utilizing the tools /features / functionalities / functions available in the Platform to analyse / build models and publish the findings of her / his analysis in any other forum.
You authorise Analyttica to contact you for any transactional or promotional purposes related to your order/Account. This authorization overrides any registration for DNC/NDNC (Do Not Call/ National Do Not Call);
Certain Competitions or promotional activities or offers or any game of chance (i.e. like lucky draw) may be restricted to specific geographical location and be open to residents of certain Countries only.
You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:
a.) Infringes or violates the Intellectual Property Rights (IPR) or any other Rights of anyone else (including Analyttica), including Privacy and Data Protection Rights, or creates a liability for Analyttica in any manner whatsoever.
b.) Attempts not to upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethically, or otherwise objectionable. The User admits, agrees and undertakes to compensate all the loss, damages, cost and expenses incurred to Analyttica on account of any such attempts / posting etc..
c.) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
d.) Jeopardizes the security of your Analyttica Account or anyone else’s (such as allowing someone else to log into the Services as you).
e.) Attempts, in any manner, to obtain the Password, Account, or other security information from any other User/s.
f.) Violates the security of any Computer Network, or cracks any Passwords or Security Encryption Codes.
g.) Attempts not to spam the database maintained by Analyttica or indiscriminately and repeatedly forward mail that may be considered spam etc. Any conduct of the User in violation of this Clause shall entitle Analyttica to forthwith terminate all Services to the User without notice and to forfeit any amount paid by him/her.
h.) Copies or stores any significant portion of the Content or documents.
i.) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
j.) Damages the use of the Services or Information offered by Analyttica in any manner. All intellectual materials or content of the Website/s is the legal possession of Analyttica, and you shall not duplicate, distribute or create any derivative materials out of that.
k.) The User is solely responsible for maintaining confidentiality of the User Password and User Identification and all activities and transmission performed by the User through his User identification and shall be solely responsible for carrying out any online or off-line transaction involving Credit Cards / Debit Cards or such other forms of instruments or documents for making such transactions. Analyttica assumes no responsibility or liability for their improper use of information relating to such usage of Credit Cards / Debit Cards used by the subscriber online / off-line.
l.) The User / Subscriber / Visitor to Analyttica Website and/or its affiliated Websites does hereby understand and agree that he / she shall, at all times, comply with the requirements of the applicable rules, regulations, guidelines, bye-laws and notifications made there under, while assessing or feeding any information / data into the computers, computer systems or computer network of Analyttica. The said User / Subscriber / Visitor to Analyttica’s Website and/or its affiliated Websites does further unequivocally declare that in case he / she violates any provisions and / or rules, regulations, guidelines, bye-laws and notifications made there under, he / she
shall alone be responsible for all of his / her acts of commissions or omissions, deeds and things and that he / she alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
m.) The User will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mails, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services of Analyttica. The User will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operations of any hardware, software or telecommunications equipment, or any other aspect of the Services or operations thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
o.) The User will not disclose any personal information to an Instructor / Expert, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
p.) The User agrees not to use the Services or the Company Content to recruit, solicit, or contact in any form, Instructors / Experts or potential users for employment or contracting for a business not affiliated with Analyttica without our advance written permission, which may be withheld in our sole discretion. The User assumes any and all risks from any meetings or contact between the User and any Instructors /Experts or other Users of the Services.
q.) The User is strictly prohibited from using Analyttica Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that Users who are as young as 13(Thirteen) years use ATH, and we do not allow content that is inappropriate for these younger learners.
- Contains credible threats or organizes acts of real-world violence. We do not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others. We encourage complimentary commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates Intellectual Property, Privacy, or other Rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s Intellectual Property or other Rights. You should always attribute materials used or quoted by you and give due credit to the original copyright Owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
r.) The user is not allowed to
- Do anything that violates Local, State, National or International Law or breaches any of your contractual obligations or fiduciary duties.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
A violation of any of the foregoing is grounds for termination of your right to access or use our Services. We reserve the right to remove any Content or User Submissions from the Services at any time, for any reason (including if someone alleges, you contributed that Content in violation of these Terms), and without notice.
a.) Analyttica is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements and you shall bear all risks associated with the use of such content. Analyttica is not responsible for any loss and / or damage and / or cost and / or expenses of any sort that a User may incur / suffer from dealing with any third party.
b.) In no circumstances, Analyttica shall be held liable for the inaccuracy of the information accessed or shared by you or any stakeholder. Further, Analyttica will not be held liable for any data or content shared by you on its Platform We do not guarantee the confidentiality of the information provided by you at Analyttica’s Website(s). We disclaim to hold liability of any nature or quantum regarding any privacy breach that might happen due to disclosure of information on this Website(s).
c.) We do not share personally identifiable data of any individual with other Companies / Entities without obtaining permission except with those acting as our agents. However, we will share all such information that is in our possession in response to legal process, such as a Court order or subpoena.
Unless otherwise explicitly indicated by a credit-granting institution or Third-Party, participation in or completion of Company or other Content does not confer any Academic Credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. The User agrees not to accept credit for completing a training content, unless the User have earned a Completion Certificate (or other equivalent Analyttica Credential) for that content. Analyttica, the Instructors / Experts, and the associated participating institutions / Third-Party providers have no obligation to have a course recognized by any Educational Institution or Accreditation Organization.
All users must agree to abide by the following code of conduct:
1. I will register for only one Account.
2. My answers to all Content will be my own work (except for work that explicitly permit collaboration).
3. I will not make solutions to content available to anyone else (except to the extent a content explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the content staff or others.
4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “CONTENT.” Where Analyttica provides Content to you about the Services, including, without limitation, the software, the products and the site, it is “Company Content”. Analyttica is not responsible / liable for any Content that is directly created by Third-Party providers that have access to or provide for in this Platform.
To the extent that the User provides User Content, the User grants Analyttica a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This Platform includes granting Analyttica the right to authorize participating Institutions to use User Content with their registered users independent of the Services. Analyttica reserves its right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Subject to these Terms and our Policies (including the Acceptable Use Policy, Honor Code, and Content-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services and to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Content or Services. All other uses are expressly prohibited, absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so, in writing. The submitted Content and Company Content is licensed, and not sold, to you. The Instructors / Experts may not grant you license rights to Submitted Content you access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
Notwithstanding the foregoing, Analyttica reserves its right to revoke this license to access and use Submitted Content and Company Content granted to you as described above.
You may download content from our Services only for your personal, non-commercial use, unless you obtain Analyttica’s written permission to otherwise use the content. You also agree that you will create, access, and / or use only one User Account, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any Intellectual Property Rights in our Services
or the content you access.
Herein below mentioned are the Guidelines for Demo Users: –
- Analyttica TreasureHunt® Precision (ATH Precision) Demo Account is setup on Analyttica’s Cloud.
- Demo Users are aware that the Cloud is outside of their Company’s firewall.
- Demo Users will have the ability to upload data to the set-up post login.
- Demo Users are advised to ensure caution while uploading data to be sure the data is not PII, Confidential, or Sensitive.
- Demo Users will bear the responsibility of any data uploaded to the ATH Precision set up from their systems. Analyttica will not bear any responsibility of the nature, characteristic or type of data uploaded by the Demo Users.
- Demo Users will continue to have access to the ATH Precision for 30 (Thirty) days post registration.
- Any Business Use case that was presented during demo will be in the ‘Shared Cases’ tab on the top left corner.
- One of the recommended approach to explore the Platform, would be to replicate the shared Business Case. As that will not only provide you a reference in terms of the features and functionalities of the Platform, it will also provide guidance in terms of the analytical approach to solve the given business problem.
Analyttica is committed to advancing the Science of learning and teaching, and records of your participation in using the Content may be used for education research. In the interest of this research, you may be exposed to variations in the Content. The research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
a.) The materials displayed or performed or available on or through the Services, including case studies, data analytics solutions text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the “Content”), are protected by Copyright and other Intellectual Property Laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior written consent of the owner of that Content or (ii)in a way that violates someone else’s (including Analyttica’s) rights.
b.) Analyttica offers no guarantee nor warranties that there would be a satisfactory response from the case studies, webinars or competitions or hackathons.
c.) Analyttica would not be held liable for any data, technical or otherwise, inserted information / case studies / content of webinars or hackathons or any data orparticulars available on Analyttica’s Website / Platform. Analyttica shall not be held responsible for loss of any data due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Analyttica reasonable control including but not limited to strikes, riots, civil unrest, Government Policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war or war like situation and natural calamities including but not limited to incessant rain, floods, tempest, earthquake, tsunami, fire, epidemic, pandemic etc.,
d.) Analyttica assumes no responsibility in respect thereof and expressly disclaims any liability for any act of omissions or commissions, deed or thing which the User may so do, pursuant to the receipt of the response, if any, to the information / date being fed into the network system of Analyttica.
e.) Analyttica reserves its right to reject and delete any information / data fed in by the User without assigning any reason whatsoever.
f.) The User shall choose his or her password and the sole responsibility of the safe custody of the password shall be that of the User alone and Analyttica shall not be responsible for data loss / theft of data / corruption of data or the wrong usage / misuse of the password and any damage or leak of information and its consequential usage by a third party. Analyttica undertakes to take all reasonable precautions at its end to ensure that there is no leakage / misuse of the password granted to the User.
g.) The User represents and declares that he / she is not a minor and is not under any legal or other disability which limits his / her ability to comply with these Terms or to install and use the Services subscribed and purchased with minimal risk to you or to others. You further represent that you are not purchasing the Products / Services for resale to others and will not do so in any manner without Analyttica’s prior written consent.
h.) The User of these Services does not claim any Copyright or other Intellectual Property Right over the data uploaded by him / her on the Website / Platform of Analyttica.
Subject to these Terms, Analyttica (“Host User”) may post a skill-based Competition or Challenge on the Services (“Competition or Hackathons”) for the Users to participate in such Competition (“Participant User”). The Competitions are subject to separate “Competition Rules” that are established by the Host User from time to time (defined below). In case of any contradiction, such separate Competition Rules will override any terms and conditions mentioned herein. The Competitions exclude games of chance, and you may not use or attempt to use the Services to host any such game of chance. The Competitions are open to Worldwide Users, except if you are a resident of Crimea, Cuba, Iran, Syria, North Korea, Sudan, or any other place prohibited by law you may not enter any Competition. The Certain Competitions may also have further geographic restrictions and be open only to residents of certain Countries.
The Competitions are held according to rules that describe participation guidelines, the data set(s) to be used by the Participant Users, the criteria used by the Host User to select a winner of the Competition (the “Metric”), the Prize awarded to such winner, and when such Prize will be awarded. Such rules and selection criteria must comply with all applicable laws and these Terms (collectively, “Competition Rules”). Such Competition Rules will also include how and when a Participant User must submit Competition Entries (defined below) and the rights the Host User will be granted in such Competition Entry upon selecting such Competition Entry as the winner (“Winning Entry”). The Host User will be granted rights in the Competition Entry only if the winner accepts payment of the Prize. The Competition Rules may impose additional restrictions or requirements for the Competitions.
The Host User and each Participant User will comply with all the Competition Rules. The Host User may not compete in its hosted Competition. The Host User has complete right to cancel any Competition with or without giving any reasons or notice, whatsoever. The Host User’s decision in respect of all the matters to do with the Competition will be final, binding and no correspondence may be entered into or entertained by the Host User.
Subject to the Competition Rules, Participant Users may collaborate as a Team as long as each such Participant User confirms its Team Membership through the Services and does not participate on more than one Team for a specific Competition (the “Team”). To be clear, you may not participate on more than one Team per Competition. If your Team wins a Competition, the Prize for winning will be distributed equally amongst the Members of the winning Team, unless we receive identical requests for unequal Prize splits from every Member of the Team.
A Competition creates a direct relationship between a Host User and a Participant User. It is the sole responsibility of the Host User to ensure that the Competition Rules comply with applicable law.
You acknowledge and agree that Host User may, without any liability but without any obligation to do so, remove or disqualify a Participant User if it believes that such Participant User are in violation of these Terms, otherwise pose a risk to Analyttica, the Services or another User of the Services.
Analyttica has no obligation to become involved in disputes between Users or between Users and any Third Party relating the use of the Services. All content you access or submit via the Services is at your own risk. You are solely responsible for any resulting damage or loss to any Party.
Excluding any User Content that you may provide, you acknowledge that all Intellectual Property Rights, including courses offered, downloadable contents, solutions, copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Analyttica (“Proprietary Materials”). Neither these Terms nor your access to the Services transfers to you or any third party any rights, title or interest in or to such Proprietary Materials, in any manner whatsoever. Analyttica does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided for certain courses, including exercise files, slides, and sample code, (ii) files that are automatically cached by your Web browser for display purposes, and (iii) a copy of the mobile application for your Mobile device solely for your own, personal use.
If we can’t resolve our dispute amicably, you and Analyttica agree to resolve any claims relating to these Terms, or any of our other terms posted on our Services from time to time, through final and binding Arbitration Process. This applies to all kinds of claims under any legal theory.
Either of us can bring a claim in small claims Court in Wilmington, Delaware, USA /Bangalore, Karnataka State, India if it qualifies to be brought in that Jurisdictional Court.
In addition, if you or Analyttica brings a claim in the Court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can seek a Court to direct or force us to go to Arbitration Process to resolve the claim (i.e., compel arbitration). You or Analyttica may also seek a Court for a direction or order to stay / halt a Court Proceeding, while an Arbitration Proceeding is ongoing.
No Class Actions:We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Analyttica can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a Court decides that this subsection on “No Class Actions” is not enforceable or valid, then this entire Section (Agreement to Arbitrate and Class Action Waiver) will be null and void, but the rest of the Terms will still apply.
The Arbitration Process (For those Users who reside outside India): Any disputes between you and Analyttica relating to the Services that involve a claim of less than US$10,000/=should be resolved exclusively through binding non-appearance- based Arbitration Proceedings. A Party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The Arbitration Proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Analyttica agrees that the following rules shall apply to the Arbitration Proceedings: (a) the Arbitration Proceedings shall be conducted, at the option of the Party seeking relief, by telephone / online or based solely on written submissions; (b) the Arbitration Proceedings shall not involve any personal appearance by the Parties or Witnesses, unless otherwise mutually agreed by the Parties and (c) any judgment on the
Award rendered by the Arbitrator may be entered in any Court having competent jurisdiction. Any disputes between you and Analyttica relating to the Services that involve a claim of more than US$10,000/= must be resolved in accordance with the AAA’s rules about which the arbitration hearing must be in-person.
The Arbitration Process (For those Users who live in Republic of India):
Any disputes between you and Analyttica relating to the Services will be solved by a sole Arbitrator, nominated by Analyttica, if such disputes are not resolved within a time period of 30 (Thirty) business days. The said nominated sole Arbitrator will conduct the Arbitration Proceedings in accordance with the Arbitration and Conciliation Act, 1996, or any amendment thereto, from time to time. The Venue of such Arbitration Proceedings will only be Bangalore, Karnataka State, India and shall be conducted in English Language. The Award rendered by the Sole Arbitrator will be final and binding on you and
Jurisdiction for Legal Disputes Not Subject to Arbitration or Challenge of Award of the Arbitrator .: If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for Arbitration Proceedings, then such dispute shall be subject to the exclusive jurisdiction of the Federal and State Courts located in Wilmington, Delaware, USA / Bangalore, Karnataka State, India based sole discretion of Analyttica. You hereby consent and submit to the personal and exclusive jurisdiction of such Courts for the purposes of litigating any such action. Even, in the event that the Award of the Arbitrator to be challenged, the aforementioned Courts alone will have exclusive jurisdiction for trail of such Arbitral Award.
The Analyttica Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any free Services becomes chargeable, and it will be up to User if they wish to continue using such Services by paying all applicable fees for such Services.
Paid Services: – Our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing: We shall raise Invoice one time / monthly / quarterly / half yearly / annually based on the Plan and send e-Invoice on your email id. You agree to make payment using selected Payment Method. We reserve the right to correct any errors or mistakes that it makes in the e-Invoice, even if it has already requested or received payment and you
agree to remit payment, accordingly.
Payment Method: – The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the Financial Institution, Credit Card / Debit Card issuer or other provider of your chosen Payment Method.
You may also terminate your agreement with Analyttica by ceasing to access the Services, deleting all copies of the Services or part thereof within your control and writing an email to Analyttica. The Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
The amount of refund payable by Analyttica shall only be limited to the amount paid by the User / you for Services which were not availed by you / the User. Further, the refund will be issued as appropriate to you / the User based on the cancellation and refund policy and terms and conditions, as prescribed along with the specific kind of Services availed by you / User.
Any charges related to app publishing (e.g. charges levied by app store, play store) will be to your / User’s account.
Any free trials provided on our Website or the Platform, shall also be governed by these Terms.
Note that all the Course or Educational Material is online and hence there are no returns.
This is an online course and can be taken on the Portal, hence there is no physical shipping of Items / Course or Educational Materials.
The User may terminate the Services with or without cause at any time and effective immediately. Should User object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, User’s only recourse is to immediately: (1) discontinue use of the Service; (2) notify to Company of termination by an email. Upon termination of the Service, User’s right to use the Services ceases immediately. User shall have no right and Analyttica will have no obligation thereafter to continue to store User’s data or information or to forward any unread or unsent messages to User or any third party. Analyttica will terminate Accounts in two cases (1) after a month of account suspension. (2) Misuse suspicion. In either case, the User is notified of the action via an email from Analyttica.
Analyttica is also free to terminate (or suspend access to) your use of the Services or your Account, for any reason in our discretion, including your breach of these Terms. Analyttica has the sole right to decide whether you are in violation of any of the restrictions in these Terms.
Analyttica is also free to terminate (or suspend access to) your use of the Services or your Account based on evidence or suspicion of gaming the system or any unethical practices that may or may not result in any form of disadvantage to other Users of the Platform /Website.
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all Users, at any time without Notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or
discontinuance of the Services, although if you are a paid subscriber and the Company suspends or discontinues the Services, the Company may, in its sole discretion, provide you with a Credit, refund, discount or other form of consideration (for example, the Company may credit additional days of Service to your Account). However, if the Company terminates your Account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration at all.
Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your account.
Warranty Disclaimer: Neither Analyttica nor its Licensors or Suppliers makes any representations or warranties concerning any content contained in or accessed through the Services (including Competitions), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our Licensors and Suppliers) make no representations or warranties regarding suggestions or recommendations of Services or Products Offered or Purchased through the Services. The Products and Services Purchased or Offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Analyttica or Others (unless, with respect to such Others only, provided expressly and unambiguously in writing by a designated third party for a specific Product).
THE SERVICES AND CONTENT ARE PROVIDED BY ANALYTTICA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation Of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL ANALYTTICA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON (S) FOR (A) ANY INDIRECT, SPECIAL OR INCIDENTAL DAMAGES / LOSSES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT PAID BY YOU TO ANALYTTICA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PERIOD PRECEDING THIS APPLICABLE CLAIM, OR ANY MATTER BEYOND OUR
REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity: To the fullest extent allowed by applicable law, you will defend, indemnify and hold Analyttica, its affiliates, officers, agents, employees, directors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, cost and expenses (including attorneys’ fees) arising from or in any way related to
any third party claims (including from other Users) relating to (a) your submissions to the Services including any Content, User Submissions or Competitions, (b) your use of the Services (including any actions taken by a third party using your Account), and (c) your violation of these Terms and any Other related Terms herein / hereof.
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services Account, in any way (by operation of law or otherwise) without Analyttica’s prior written consent. We may transfer, assign, or delegate these Terms and our rights, interest and obligations without consent from you and / or anyone.
Neither Party shall have any liability for any interruption or delay, to access the Site / Platform due to Force Majeure Event (s). For the purposes of this Clause, ‘Force Majeure Event’ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or
results in default or delay in performance by such affected party of any of its obligations under this Terms / agreement and includes an act of God, war or war like situation, hostilities, civil commotion, strikes, lockouts, Government directions / orders, natural calamities viz., incessant rain, flood, earth quake, tempest, tsunami, epidemic, pandemic and other industrial disputes.
Severability; Waiver: If it turns out that a provision of these Terms is not enforceable, this will not affect any other Terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as acting in the future).
Participating Institutions: Analyttica’s participating Institutions are Third Party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Notice for California Users: Under California Civil Code Section 1789.3, California Website Users are entitled to the following specific Consumer Rights Notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
These Terms control the relationship between Analyttica and you. They do not create any third-party beneficiary rights.
If it turns out that a particular term is not enforceable, this will not affect any other part of the Terms and shall continue to bind the Parties.
You understand and agree that the Company reserves its right at its sole discretion to deviate from the above-mentioned Terms, on a case to case basis.
The laws of United States of America (USA) / Republic of India will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in Delaware, USA / Bangalore, Karnataka, India Courts alone, and you and Analyttica unequivocally consent to personal jurisdiction in those Courts.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (the “Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Analyttica does not waive any rights to use similar or related Feedback previously known to Analyttica, developed by its employees or contractors, or obtained from other sources.
You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Services or Third- Party Platforms, or to us through e-mail that you consider to be confidential or proprietary. You agree that we shall not be required to treat any User Ideas as being confidential orproprietary. You are responsible and liable for any User Ideas you submit. You agree that by submitting User Ideas to us, including any concepts, know-how or ideas, you hereby grant us a perpetual, worldwide, non-exclusive, royalty- free, sub-licensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for Analyttica’s (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. We are under no obligation whatsoever to evaluate, review, or use any User Idea in any manner whatsoever.
For any clarification or query on the Terms or any other relevant matter, you may please email us at support firstname.lastname@example.org