Terms and Conditions

Welcome to vidwaan.SimApt.com, a subdomain and education Portal of www.SimApt.com. All the Terms & Conditions of www.SimApt.com shall automatically apply to this Portal as well. This Portal has additional terms and conditions and privacy policy contained herein form an Agreement stating the use of this Portal by all visitors. You are advised to read all Terms & Conditions under www.SimApt.com and vidwaan.SimApt.com carefully before using the Website/Portal and this Portal. If you are not agreeable to any terms and conditions or Privacy Policy, you should not use this Website/Portal. You can use this Website/Portal if you agree with all the terms and conditions mentioned below in their entirety. If you accept this Agreement, it will be a legally binding agreement between you and SimApt/VidwaanLLP site (owner). For the convenience of understanding, www.SimApt.com  Website/Portal will be referred to as "SimApt/Vidwaan" and vidwaan.SimApt/Vidwaan .com Portal will be referred to as "Vidwaan" hereinafter. Each of Vidwaan's Programs may have a separate set of terms w.r.t refunds, referrals, payments, etc. Our corporate clients may also have executed separate written agreements with us, which will supersede these Terms & Conditions to the extent of the conflicting provisions in the event of a conflict. These Terms shall apply to all SimApt/Vidwaan' s/Vidwaan's WhatsApp groups, hosted mobile apps, Facebook platform and all its formats including Instagram, email/SMS/phone communications, and other social media forums hosted by SimApt/Vidwaan, which shall be considered to be part of this Website/Portal by reference. You acknowledge that certain services of this Portal/ Website/Portal, as clarified above, are third-party services, and you agree to abide by these terms and conditions. SimApt/Vidwaan or Vidwaan shall not be responsible for any disruption of services caused by such third-party service providers.

Please note that the use of this Portal constitutes an unconditional agreement to follow and be bound by the Terms. In case you "bookmark" a particular portion of the Portal and thereby bypass these Terms; still, the use Portal will bind you to these Terms for the use of this Website/Portal/Portal. These Terms and policies may be updated or changed with time without any prior notice. Request you to review this page regularly before using the Site. In case you continue to use this Site after changes are made, it will indicate that you have already read and accepted those changes. You should not use the Website/Portal if you are not happy with any changes to these Terms.

SimApt/Vidwaan makes no representations that the Website/Portal operates (or is legally permitted to operate) in all geographic areas or that the information, services, or products offered through this Website/Portal are appropriate or available for use in particular territory/s or region/s. Accessing this Website/Portal from territories where the Website/Portal, or any content or functionality or its portions are considered illegal, is expressly prohibited. Suppose you still choose to access this Site. In that case, you agree and acknowledge that you do so on at your own risk and that you will be solely responsible for compliance with all applicable laws of that territory or region.By default, the terms mentioned herein constitute the entire Agreement between you and. They shall not be modified except in writing, as posted on the Platforms by SimApt or through a specific writing between you and SimApt.

Code of Conduct/Portal use Policy

Whether you have logged in or just browsing through the Website/Portal, you shall be treated as a "User' and bind with these terms of use of this Site in totality. You hereby accept to fully comply with all applicable laws whether they are local, provincial, state, national, or foreign laws, treaties, and regulations for the use of such Site. You will not resort to any unethical practices while using this Website/Portal. While we will be happy to hear from you, get your feedback and opinions. Still, they must not be used to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous Websites/Portals. We do retain the right to moderate any comment or written Content submitted to the www.SimApt.com Website/Portal and to remove any content we deem to have violated our policies. In any circumstance, you will not transmit or post, or cause to be transmitted or posted any solicitation or communication or any other "phishing," "pharming" or "whaling" message intended to capture passwords, account, personal/confidential information, or private information from any user of the Platform or any other third party whatsoever. In case of such an event, SimApt/Vidwaan shall not be liable in any form for loss of data or if the User's computer/device or any other property is compromised. You acknowledge and agree that SimApt/Vidwaan will hold the right to report all such suspicious or illegal activities to the appropriate legal or police authorities without notice to you.

During your use of the Platform and Programs, you will not adopt any unethical practices like cheating, copying or sharing assignments/homework solutions to your peers, posting/passing negative comments or remarks on discussion forums, or any other communication platform SimApt/Vidwaan. You will not create any hostile environment for your peers, faculty, student coordinator or any other employee of SimApt/Vidwaan. You will not post any objectionable content on any of the forums of SimApt/Vidwaan. Resorting to any of these conduct shall be treated as a breach of code of conduct policy of this Portal and strict actions will be taken by SimApt/Vidwaan authorities against the person responsible for such behaviours. In case you find anyone else resorting to any of the practices mentioned above, you will immediately inform the SimApt/Vidwaan authorities.

Enrolling to Vidwaan Program & User Information

To enroll/apply for any Vidwaan Program, you must register and create your account ("Vidwaan Account") by providing a mobile number, email address, and a unique password. The Program will be accessible only after payment (part/full as applicable) to only the respective User accounts for the enrolled programs. You can download the invoice from the APP/ Website after payment. An email confirmation of the payment will be sent to your registered email ID, which shall prove delivery against fees' successful settlement. SimApt/Vidwaan may grant you access to a Program/certain portions of a Program for a limited period against pending payment. However, suppose SimApt/Vidwaan does not receive payments within the stipulated periods. In that case, SimApt/Vidwaan may, at it owns discretion, withdraw your access to the Program without giving any prior notice. You agree that you will never disclose/share access of your User Account with any third party for any reason. You also agree that you will never create, use and/or access any other User Account except your account. You also agree that you will not set-up multiple user accounts, and you will strictly follow the rules/norms of the Program curriculum.

While setting up your User Account, apart from your name, phone number and email address, additional information may be required for identity confirmation. You agree and understand that all information provided by you is accurate, current, and complete. You also will maintain and update your information from time to time to keep it accurate, current, and complete. In case, any information provided by you is untrue, inaccurate, not current, or incomplete, SimApt/Vidwaan reserves the right to terminate your enrolment and usage of Vidwaan Program, to the extent it is appropriate.

During the use of Vidwaan Portal and Programs, we may obtain and store specific Personally Identifiable Information about you and your programs' performance. This information will be maintained in strict confidentiality unless you opt for resume and job portal services offered by Vidwaan, in which case, we may share this information to provide certain services to you now and in the future. We may share the information necessary with third parties like job recruiters etc.

Use of Programs

SimApt/Vidwaan reserves the right to cancel/reschedule/modify any Program or live lectures/webinars or the point value or weight of assignments and tests quizzes, exams, projects, and other such evaluations of progress. You also understand that in case of any breach of this agreement terms & conditions from your end, may limit, suspend, or terminate your use of the Platform or Programs and/or all SimApt-provided services related to the Programs, such as access to SimApt/Vidwaan coaches or support services, evaluation services, or certifications. Students shall be provided access to SimApt's/Vidwaan's online live lectures and webinars via email/notification through APP. You agree not to share any access information with any third party. You shall be exclusively responsible for arranging and maintaining and bearing any equipment/ancillary supports and their respective charges required to use the Platform including software, devices, device compatibility, hardware and hardware compatibility, internet services, mobile connection etc.

Force Majeure

Force Majeure means an event or sequence of circumstances beyond a party's reasonable control preventing or delaying it from performing its obligations hereunder. SimApt/Vidwaan will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:

• (i) promptly notifies the other of the Force Majeure event and its expected duration; and
• (ii) uses reasonable endeavours to minimize the effects of that event.

You also understand that SimApt/Vidwaan may modify or discontinue all services related to its Programs due to Force Majeure. You agree that SimApt/Vidwaan shall not be liable to you or any 3rd parties w.r.t any modification/suspension termination of services due to Force Majeure events like war, civil unrest, terrorism, major technical failures from the third party, Internet service providers failures, national emergency, strikes or labour disputes, governmental act or court order acts of god-like fire, flood, earthquakes, etc., or any other event not within SimApt's reasonable control.

Educational Partners and Accreditation

SimApt/Vidwaan is NOT a University, but an independent online education platform, offering industry-oriented educational Programs in association with various educational partners like Management Institutes/Universities (both Indian and International), governmental authorities, NGOs, corporates, etc. (hereafter each referred as an "Educational Partner/s").

Admission to the degree/diploma programs offered by any of these  Educational Partners is entirely independent of SimApt/Vidwaan Programs. Hence, enrolment to SimApt/Vidwaan Programs doesn't register/enrol you or provide you with any diploma/degree certification of any of the educational programs/curriculums offered by these educational partners in any form. There may be specific degree/diploma/certification programs provided directly by the Educational Partners, which will be explicitly mentioned in the Program details. Otherwise, as a default, Vidwaan programs are separate from the degree/diploma programs provided by the Educational Partner. Upon successfully completing the SimApt/Vidwaan Program, you will be awarded a certificate mentioned during your enrollment. You acknowledge and agree that any such Program Certificate awarded may/may not be affiliated to any Educational Partner and may not substitute for a course taken with an Educational Partner or convey academic credits/certification provided by the Educational Partner.

SimApt/Vidwaan programs provided under this Platform is purely professional level curriculums providing knowledge and hand-one industry experience. By default, all SimApt/Vidwaan programs do not provide you with any academic credits unless explicitly mentioned. SimApt/Vidwaan will not have any authority or responsibility concerning any academic credit award or certificate provided by any Educational Partner for a Program independently out of this Platform.

User Content

The Website/Portal may allow you to upload posts, chat with other users, participate in user discussions, create profile pages, and other Content and media for social interaction or specific information and materials. SimApt/Vidwaan will not claim ownership over any User Content. The User will have the sole and exclusive ownership of any rights, title, and interest in and to the User Content. For any content submitted on SimApt/Vidwaan  Website/Portal or any of its platforms or that is otherwise made available to SimApt/Vidwaan, the User hereby grants SimApt/Vidwaan an irrevocable, perpetual, royalty-free, worldwide. Non-exclusive license to reproduce, use, distribute, modify, adapt, publicly perform and display such User Generated Content on the Website/Portal or any of its Platforms or its social media pages or exploit the User Generated Content, with the right to sublicense rights (to multiple tiers), for other purposes (including for any commercial purpose). SimApt/Vidwaan  also reserves the right to remove any User Generated Content at any time without any explanation or reasons

To the extent that User provides any User Content, User can represent and warrant that (a) User has all necessary rights, licenses and/or clearances to provide such User Content and permit SimApt/Vidwaan  to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between User and SimApt/Vidwaan, the User shall be fully responsible for any payment to any third-party related to the supply, provision, and use of such User Content, and (d) such User Content doesn't and will not misappropriate or infringe any third-party intellectual property rights or constitute any fraudulent statements or misrepresentations or unfair/improper business practices

SimApt/Vidwaan doesn't control the User Content posted through any of its platforms, including any chats, messages, comments, reviews etc., and doesn't guarantee its accuracy, quality, and integrity User Content. SimApt/Vidwaan will not be liable under any circumstances in any way for any User-Generated Content, including any omissions, errors, or any loss, damage, or defamation of any kind incurred as a result of User's posting or use of such User Generated Content. User will be responsible for abiding by all the laws applicable to User Content. User is prohibited from posting the following types of Content on SimApt/Vidwaan  Website/Portal or any of its platforms, including the social media pages. In case of any breach of these guidelines being notices by SimApt, SimApt/Vidwaan will have the full rights to remove or block such contents immediately.

• Content that is indecent, fraudulent, defamatory, or harasses, defames, discriminates against, or harms or threatens others;
• Content that discusses illegal activities or actions, with the intent to commit them
• Content that infringes/misappropriates patents, trademarks, trade secrets, right of publicity, or right to any intellectual property of third parties;
• Content that User doesn't have the right to disclose or discuss;
• Content that is pornographic, obscene, indecent, profane, or unlawful
• Any form of commercial promotions or advertisements;
• Any political or religious content, whether direct or indirect
• Intentional posting of inaccurate information or Content that is posted to mislead others;
• Any phishing", "pharming" or "whaling" message, Viruses, Trojan horses, etc. intended to capture passwords, account/personal/confidential/private information of any user of the SimApt/Vidwaan Platform or any other third party,
• Content that consists of any high volume, electronic or automated, means to access the integral Platform of SimApt/Vidwaan  (including without limitation spiders or scripts or robots);
• Content that violates the rights of other SimApt/Vidwaan users associated with SimApt/Vidwaan  Website/Portal of any of its Platforms; or
• Content that violates any applicable laws is local, state, national or international law or otherwise advocates or encourages illegal activity.

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SimApt/Vidwaan 's Intellectual Property Rights

All Intellectual Property accruing from or related to SimApt/Vidwaan and its platforms/portals including social media platforms including all Content and information, texts, software, scripts, images, graphics, music, videos, logos, trademarks, advertisements, and any other material present on SimApt/Vidwaan  Website/Portal and its platforms belongs solely to SimApt/Vidwaan or its permitted User. Simapt/Vidwaan is the sole owner of such Intellectual Property. 

Any and all the Content presented on this Website/Portal is unless explicitly stated otherwise, subject to a copyright held by SimApt/Vidwaan. It is permissible to link to Content from this Site as long as the original source is clearly stated. Still, the wholesale reproduction or partial modification of Content is not permitted. Exceptions are granted only if you receive prior written consent from SimApt/Vidwaan.

As a condition of accessing the Website/Portal, you agree not to (a) duplicate, copy, reproduce, sell, resell or exploit any of SimApt/Vidwaan  Intellectual property for any commercial purpose or any portion of it thereof, other that is expressly allowed and (b) use SimApt/Vidwaan trademarks/logos or the name, service marks,  or other materials of any Partner in connection with, or to transmit, any unwanted communications for any other unauthorized purposes.

Please verify all Content before use. In case you come across any content found incorrect, offensive, indecent infringing, or objectionable, please notify us immediately at the email address mentioned at the bottom of this page. Additionally, from time to time, SimApt/Vidwaan (or its third-party service providers, on behalf of SimApt/Vidwaan) may request users to review SimApt/Vidwaan 's Content. The works derived from such activity will remain the sole and exclusive property of SimApt/Vidwaan or its third-party service providers, as applicable.

Third-Party Intellectual Property

SimApt/Vidwaan respects third-party intellectual property rights, and proactively supports the protection of all third-party intellectual property rights, including copyrights and trademarks ("IP"). Our Policy is to treat all alleged IP infringement notices as a top priority and immediately act on them. In case of such notification of IP infringement, immediately remove the claimed material or disable the access at the earliest possible instance. However, SimApt/Vidwaan  shall not be held liable for any unauthorized usage of third-party IP, and the User who conducts such unauthorized use or infringes any IP on any of SimApt/Vidwaan's platforms/portals/Website/Portal/social media pages shall fully indemnify and hold SimApt/Vidwaan  harmless against any such claims that may arise out of such infringement

In case you feel that there has been any copyright infringement or misrepresentation of your intellectual property, please provide us with the required information so that we can immediately take corrective measures:

• Details of the product/work/material that is claimed to be subjected to copyright infringement
• Details and proof of ownership over the product, copyright, or other intellectual property interest;
• Description of  the exact issue
• Contact details - address, phone number, email address, and authorized signatory

Please mention all the above and send us the information to the email address mentioned at the bottom of this page.

Limited Use of Content

User may copy or download portions of the SimApt/Vidwaan Content available on the Website/Portal or any of its Platform for User's own non-commercial and personal use only. The provided User maintains all copyright and other notices contained in such SimApt/Vidwaan  Content. User cannot sell, copy,  resell, publish, reproduce, retransmit, distribute, modify, transfer or commercially exploit or create derivative works of SimApt/Vidwaan's Website/Portal or related platforms. SimApt/Vidwaan and/or its affiliates and licensors reserve all rights not expressly.

Disclaimer

All of the Content contained on this Site is edited, checked, and verified for accuracy as much as it is possible to do so. However, we cannot guarantee its accuracy or the safety of any external links it might contain. This Website/Portal, as well as its owners, affiliates, and contributing authors, can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our Site.

Indemnity

You undertake to indemnify SimApt/Vidwaan and its Educational Partners against, and hold SimApt/Vidwaan harmless from all claims, demands, actions, liabilities, damages, losses, and costs (including legal costs like attorney fees) relating to/arising out of (a) your use or attempted use of  SimApt/Vidwaan Platforms or Programs in violation of the Terms mentioned here; (b) your violation of any law or rights of any third party or any of SimApt/Vidwaan Education Partners; or (c) information or Content that you or others post leads to infringement or misappropriation of intellectual property or other proprietary rights of Simapt/Vidwaan or any of its partners including Third-party and Educational partners.

Termination of Access to the Platform/Program

You fully agree that SimApt/Vidwaan, in its sole discretion, may suspend/deactivate your account or otherwise terminate your access to the Platform or enrolment to a Program with/without any notice and reason, including, without limitation, if SimApt/Vidwaan believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that SimApt/Vidwaan shall not be liable to you or any third party for the deactivation/suspension/termination of your account or enrolment into a Program. You also acknowledge that SimApt/Vidwaan may retain and store your information on SimApt's/Vidwaan's systems, even after any termination/deactivation of your account and enrolment to SimApt/Vidwaan Programs/Curriculums.

Other Terms & Conditions

• These terms will bind you by default if you are 18 years of age or older. In case you are under 18 or below the legal age defined in your jurisdiction. You must use this Platform only under parental supervision or under legal guardian who agrees to bound by the Terms mentioned herein. Suppose you are a parent or the guardian of the student who has enroled for any of the SimApt/Vidwaan programs. In that case, you shall be bind by these terms on your child's behalf and shall be fully responsible abiding the terms and conditions mentioned herein including the financial or legal charges that your child may incur.
• SimApt may transfer or assign any or some portion of its rights or delegate its obligations under these Terms or any Program specific terms. However, you cannot transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without the prior written consent of SimApt.
• These terms and Agreement may be executed in any number of counterparts, all of which will constitute the same instrument laws in India govern these Terms and Disputes will be submitted to the exclusive jurisdiction of the courts of Mumbai. In the event of any dispute, the Parties shall attempt in the first instance to resolve such Dispute through amicable discussion. Suppose the Dispute is not resolved through such amicable discussion. In that case, the Parties shall refer the dispute for resolution by arbitration by the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be conducted in English by a Sole Arbitrator nominated and appointed with the consent of both the Parties
• If any of the terms and conditions shared with you herein is found to be void, illegal, invalid, or for any reason unenforceable, then that particular term shall be deemed severable from the other conditions herein but shall not affect the validity and enforceability of other remaining provisions. SimApt shall not be responsible for damage or other problems caused by any unauthorized change to these Terms made by way of hacking or cracking this page.
• The failure of SimApt to execute or impose any right or provision of the Terms shared with you will not be established as a waiver of such right or provision. In case any provision of those Terms is found invalid by a court of competent jurisdiction the parties nevertheless agree that the court would endeavour to affect the parties' intentions as given in the provision, to the degree that may legally be done. Rest of the Terms shared with you shall remain in full force and effect.
• SimApt/Vidwaan may freely assign or transfer any portion of its rights or delegate its obligations w.r.t any Program-specific terms shared with you. However, you cannot transfer or assign, in any form,  any portion of your rights or delegate your obligations mentioned herein without the prior written consent of SimApt, and such transfers shall be considered void and of no effect.
• This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amen

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Contacts

We will always be open to addressing your queries, concerns with respect to these Terms and Conditions. We also welcome your feedback concerning the Website/Portal and its Content. In case you have faced any challenges while browsing or using the Website/Portal or any of its pages/portals/platforms, please feel free to get in touch with us through the "Contact us" page.