Access to and use of the www.spbmacademy.com website (hereinafter be referred to as (‘Website’) and the information, materials, e-learning modules, audios, videos and other services etc. through the Website are subject to these terms of use (the ‘Terms’). By accessing and using the Website, you agree to these Terms of Use. If you do not agree to any of these Terms of Use, you may not access or use the site. Modicare Limited (‘Modicare’) reserves the right to modify these Terms of Use at any time and in its sole discretion. Your use of the site following any modification will constitute your assent to and acceptance of the modifications.
As used herein, “our,” “we,” and “us” refer to Modicare and ‘you’ refers to the User.
The information available on Website and access is available to both Modicare Consultants and Non-Modicare Consultants. Modicare Consultants are also known as Modicare Direct Sellers.
User will have a choice to access paid and unpaid/free course available on Website. Free/Unpaid courses will be available for all registered User on Website. Paid courses are not available to Non Modicare Consultants. For Paid courses, Modicare Consultants are required to visit Modicare India website at www.modicare.com for purchase of the e-learning modules/courses and after selecting the course, access code will be generated which is required to be inserted on the Website (www.spbmacademy.com) or on Android phone to start and access the paid course, with other applicable terms. Once the enrollment in the course is done, the User can consume/access the course content from all platforms i.e., Website and Application on Android and iOS.
The User can access the sample content of paid courses before purchase. Once purchased there will be no return or refund of the course.
Please read these terms, along with the Privacy Policy and all other rules and policies related to service (including, but not limited to, any rules or usage provisions specified on any product detail page or on any help or other informational page) (collectively, this "Agreement"). This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other applicable statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.Use of Website Generally:
1.1 Your User License: Upon registration, Modicare grants you a limited, non-exclusive, non-transferable, non-assignable, license to access and use the Website and its content identified in the content you accessed or purchased. Unless otherwise specified, the Services are available for individuals who have attained the age of majority i.e., 18 years or older. If you are under 18, you may use our website only with the involvement of a parent or guardian. Our website contains information that is appropriate for access and use in India We make no representation that any materials contained in the App are appropriate or available for use outside India, and accessing them from territories where their contents are illegal is prohibited.
1.2 Limitations on Your Use: No material from our Website may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Modicare’s prior written permission, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. You may not, without our prior written permission, frame or mirror any material contained in the Website on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to Modicare or its licensors.
1.3 Privacy and Your Personal Information: We collect and use your personal information in accordance with our privacy policy.
1.4 Links to other websites: We may link to other websites which are not within our control. We are not responsible or liable for the information or materials made available by such third party websites. We encourage you to read the terms of use and privacy statements of all third party websites before using such websites or submitting any personal data or any other information on or through such websites.
1.5 Identifiers: Your code/password is unique and exclusive to you, and you are not allowed to transfer your code/password to any other person or allow any other person to use your password to access or use content on the Website. You agree to notify Modicare immediately if any other person makes unauthorized use of your password. Modicare reserves the right to suspend or revoke your password in the event of any misuse of your password or any use of your password in violation of these Terms and Conditions. In the event of any such suspension or revocation, you will not be entitled to any refund or payment.
1.6 Intellectual Property Rights: The Content contained in the Website including but not limited to in the Website is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Modicare. No right, title or interest in any Content will be deemed transferred to You.
1.7 Liability of Modicare: Modicare will not be liable for any delay or interruption in your access to the Website or any content located on the Website, or for any transmission errors, equipment or software incompatibilities, force majeure or other failure of performance. Modicare will use reasonable efforts to correct any failure of performance, but Modicare will not be required to make any changes to any equipment or software used by Modicare or its contractors or agents to ensure compatibility with any equipment or software used by you. You may not use the Website or the content on the site for any commercial purpose, including but not limited to the use of any of the content to market or sell goods or services to any person. You agree not to launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the site.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK, AND MODICARE WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR FOR ANY INFORMATION CONTAINED ON THE SITE. ALL CONTENT CONTAINED IN OR REFERRED TO ON THE SITE IS PROVIDED "AS IS", WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MODICARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODICARE MAKES NO WARRANTIES THAT THE SITE WILL BE ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER FROM WHICH THE SITE IS OPERATED WILL BE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MODICARE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOST PROFITS, AND DAMAGES ARISING FROM COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST DATA, UNAUTHORIZED ACCESS TO OR USE OF SITE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, OR ANY INTERRUPTION OR CESSATION OF OPERATION OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR ANY INFORMATION CONTAINED ON THE SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1.8 Rights of Modicare: Modicare reserves the right to change, suspend access to, or remove any or all of the content on the Website at any time, for any reason, in its sole discretion. Modicare also reserves the right to discontinue the Website at any time, either temporarily or permanently. In the event of the removal of any content from the Website or the termination of the Website, you will not be entitled to any refund or payment.
1.9 Indemnity: You agree to indemnify and hold Modicare, and its subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content, your use of this Website, your connection to the Website, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms, whether you are a registered user or not. You are solely responsible for your actions when using the Website, including, but not limited to, costs incurred for Internet access. The clarity, readability, accuracy and promptness of providing the service depend on many factors including various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. Modicare shall not be responsible for any non-delivery, delayed delivery or distortion of the service/ Website in any way whatsoever.
2. GENERAL TERMS:
2.1 Termination: These Terms are effective until terminated by Modicare. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. The transfer of ownership of the user id registered with us would automatically entitle the termination of the Terms and your right to continue to use the Website. In such an event you are voluntarily required to delete the downloaded Website from all your compatible devices.
2.2 Waiver: The Terms constitute the entire agreement between you and Modicare concerning your use of the Website and the contents of the Website. If any provision is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Modicare to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
2.3 Governing Law and Jurisdiction: These Terms are governed by and construed in accordance with the laws of India, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Website shall be submitted, and you irrevocably consent, to the jurisdiction of the courts located in New Delhi only. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR YOUR USE OF THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES AND WILL THEREAFTER BE PERMANENTLY BARRED.
2.4 Contact Us: If you have any concerns about the Website or these Terms, please send us an e-mail: support-modicare@modi-ent.com. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
