Welcome to cybershala.com. cybeRShala provides its service to you, subject to the following agreement (the terms and conditions of which are set out herein below) which shall govern your use of this Website as well as all online courses, services and products which may be accessed over this Website. Your participation therein is conditioned upon your acceptance of the terms and conditions contained in this Agreement.
By entering into this Agreement, you warrant that you are at least 21 years old. We only contract with persons above 21 to provide services to them. Upon entering into an Agreement with us, you agree to supervise any usage and be responsible for all acts of any person below 21 who use your computer and /or user ID and password to access the services provided by us on this Website.
Please read and confirm this agreement and if you do not agree to these terms and conditions, please do not register for or use the Website.
The materials located on this Website, including all information, photographs, audio and video clips, graphical elements, forms, diagrams, text, computer animation, music, lyrics, sound effects, visual effects and software programs available on or through this Website, are protected by copyright, trademark or other proprietary rights. All rights, title and interest in and to the Contents are owned, licensed to or controlled by us or third parties.
Except as otherwise indicated with respect to a particular Content, online workshop or course provided on this Website, you may only view and print one copy of the Contents for your own personal, educational and non-commercial use. You may not copy, store, either in hardcopy or in an electronic retrieval system, transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, license, rent, lease or otherwise transfer any of the Contents to any third person whether for direct commercial or monetary gain or otherwise without our prior written permission. We reserve the right to take any legal or other action as we may deem appropriate against any party for any unauthorized use (including use for commercial benefit) of this Website or any of the online courses, products or services offered.
- Any rights not expressly granted herein to you are reserved.
Except as otherwise indicated with respect to a particular Content, by uploading or posting materials or Contents to on the Website, you shall be deemed to have granted (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable and non-exclusive world-wide right to use, edit, modify, adapt, copy, publish, reproduce, distribute, translate, create derivative works from them and distribute such works, or incorporate the materials or Contents into any form, format, medium or technology now known or later developed as we may deem fit. You warrant and represent to us that you are authorized to grant all those rights set out in the foregoing sentence. In addition, you shall also be deemed to waive all moral rights in those materials or Contents.
We do not monitor, review, screen or edit Contents posted by you and we are not responsible for such Contents. However, we reserve the right to delete, move or edit any Contents (including messages posted in any online forum) that we deem, in our sole discretion, to be in breach of this Agreement or in violation of any applicable law or is otherwise objectionable. You are responsible for all Content posted by you or by any other person using your user account.
REGISTRATION AND ENROLLMENT
Portions of this Website may currently be freely accessible. Other portions are restricted to those who have registered themselves with us using the Application Form and paid for access. As part of the registration process, you will be given a user ID and password and will be required to provide certain information about yourself.
You acknowledge and agree that you acquire no rights to any user ID, Password, mailbox number or any other reference or codes assigned to you. We reserve the right to change or re-assign any of the same to you at our sole discretion without being liable to you for any damages or loses suffered.
You agree to provide us on an on-going basis with accurate, complete and updated registration and enrollment information of yourself as a Student.
In addition, you agree to the following:
- to provide only your own name to obtain a Password;
- not to falsify your name or information, submit bogus information, or impersonate another person;
- to use only you own name and Password to gain access to Restricted Areas;
- that you are responsible for maintaining the confidentiality of your Password; and
- that you will only access or try to access those Restricted Areas to which you have authorization to access.
- all use of your user account under your user ID by any person whether or not authorized by you; and
- ensuring that all use of your user account complies with this Agreement.
- You agree to promptly notify us of any known or suspected unauthorized use of your user ID or Password or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your Password.
- We shall not be liable for any loss or damage incurred by you or any third party due to any wrongful use of your account by you or any wrongful or fraudulent use of your account by any other person.
FEES AND PAYMENT
Although portions of this website can be viewed simply by visiting the pages or registering as a general member, you must be registered as a Student with us before you are entitled to participate in the online courses or products or services accessible through this Website.
You shall pay all fees and charges for the online courses, products and services indicated in your Application Form at the applicable rates set out therein or as may be prescribed by us from time to time. These fees and charges shall be payable at or within the stated time and are non-refundable unless under specific promotions.
All payments must be made in a timely manner and effected through Pay Pal or such other electronic payment gateway designated by us and notified to you via email from time to time.
You shall be responsible and we shall not be liable for any charges of whatever nature incurred in connection with or pursuant to the use or purported use, whether authorized or unauthorized, of your account.
You shall be responsible at your own cost to ensure that you have the requisite minimum hardware and software requirements and configurations (including all facilities, resources, power points, electricity, conduits, pipes, access, license or easement) in order to properly access and use the Website and participate in the online courses you have enrolled;
You shall comply with all notices, instructions and directions given by us in respect of the use of this Website or by your online instructors or facilitator in respect of the courses you have enrolled;
You shall be responsible at your own cost for obtaining all licenses, permits, approvals and intellectual property rights or other rights required for your use of this Website;
Comply with the rules of any network through which you access the Website;
You are solely responsible for all Contents and information retrieved, stored or transmitted through this Website by you;
You shall, in accessing and using this Website, comply fully with all relevant laws and regulations to which you are subjected; and
You shall not use the Website for any unlawful purposes.
NO WARRANTIES / DISCLAIMERS
Due to the inherent defects of electronic distribution, there may be delays, omissions or inaccuracies in the Contents, and although we endeavor to ensure that the Contents are accurate, correct and complete, they are provided to you on an "as is" basis and without warranties of any kind.
We do not make any representations and hereby disclaim with respect to this Website, its Contents, all online courses, products and services accessible through this Website (including their use by you) all express, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, reliability, completeness, current ness, non-infringement of intellectual property or other rights, merchantability or satisfactory quality, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. We assume no responsibility for the consequences of any errors or omissions. You acknowledge and agree that any reliance you place on the Website, its Contents and the products and services shall be at your own risk.
You understand and agree that any Contents or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Contents or data.
We do not warrant that this Website will be provided on an uninterrupted basis or is secure or error-free or that all defects (if any) will be corrected.
We do not warrant or make any representations regarding the use or the results of the use of the Contents or any of the online courses, products or services accessible through this Website, nor that there will be any change or improvement in the academic skills or results of any Student.
Although we intend to take commercially reasonable steps to prevent the introduction of viruses, worms, "Trojan Horses" or other destructive materials, we cannot and do not guarantee or warrant that this Website or the server that makes it available or Contents that may be downloaded from the Website do not contain such destructive features. We shall not be liable for any loss, damage or harm attributable to such features.
We may, but shall not be obliged to, perform any system backups on Contents or information stored within the server serving the Website. We shall not be responsible nor be under any obligation to provide historical data or to assist you in downloading, faxing or reading to you any of your information or Content which you have posted on the Website.
You agree that your participation in the activities of this website (or subordinate websites) is entirely at your own risk. Apart from any warranty expressly made by us in this Agreement, no information of any nature and in whatever form which you have obtained from us, our related companies and affiliates and licensors, our/their officers, directors and employees shall create any other warranty.
People other than company employees supply some of the content on this site. We have no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice or statements expressed by other parties are those of the others and not ours. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized employees while acting in their official capacities.
We explicitly disclaim any responsibility for the accuracy, content or availability of information found on sites that link to or from this Website. Since some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of materials or content contained in third party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
We cannot ensure that you will be satisfied with any products or services that you purchase from a third party website that links to or from this Website. We do not make any representations or warranties as to the security or any information (including without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserves the right to modify these general practices and limits from time to time.
LIMITATION OF LIABILITY
- We shall not be liable to you or anyone else for any direct, indirect, incidental, special, punitive or consequential damages:
- arising out of or in connection with any interruption, suspension or termination of the Website, or the use or inability to use the Website or Contents;
- for the cost of procurement of substitute products or services;
- resulting from any products or services purchased or obtained or messages received or transactions entered into through this Website;
- resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles; even if, in each case, we have been advised of the possibility of such damages.
- We shall not be liable to you for :
- any psychological setbacks arising from your participation in any online courses or from your use of any products or services accessible through this Website;
- any act, omission, message, comment of or made by other Students or users of this Website;
- any physical injury or any side-effects arising from the use of your computer system in participating in any of the online courses or use of any products of services accessible through this Website; and
- any act, omission, negligence, or incompetency of any of online course instructors or tutors.
In no event shall we be liable to you or to anyone else for any loss or injury caused in whole or in part by contingencies beyond our control or negligence in procuring, compiling, interpreting, editing, writing or delivering of any Contents.
In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount of fees/price paid by you for the online courses enrolled by you through this Website and provided that under no circumstances shall the total liability exceed 3 months of the course fee that the student had paid at the time when the damage is suffered.
We want to make shopping online a convenient and safe experience. Here's our Credit Card Guarantee:
Our computer system safeguards all payment information that you transmit to us while using our site. This includes your user name, password and credit card number and expiration date. We secure your personal information while it is transmitted over the Internet.
If someone fraudulently uses your credit card information as a result of your making an online purchase from us, you must notify your credit card provider in accordance with its rules and procedures. If you do so, and your credit card provider holds you liable for unauthorized charges, we'll reimburse you for the liability up to $50, the limit of your liability under federal law.
You agree to indemnify and keep us, our related companies and affiliates and licensors, our/their officers, directors and employees indemnified from and against any claim, demand, actions, proceedings, liability, losses (whether direct, indirect or consequential), damages (whether in tort, contract or otherwise) costs and expenses (including legal costs on a full indemnity basis) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorized or illegal access to computers, hacking, property damage or pecuniary losses howsoever arising) which the indemnities may sustain, incur, suffer or pay arising out of or in connection with:
- your use of the Website;
- any breach by you of any provisions of this Agreement;
- any act, omission or default by you;
- your infringement of any intellectual property or other rights;
- any use or alleged use of your account or Password by any person whether or not authorized by you; or
- any publication, distribution or redistribution related to any materials posted by you or the use of such materials by any person, including liability resulting from any virus, work, "Trojan Horse" or other contaminating or destructive feature of such materials.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account with us, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
- breaches or violations of the TERMS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service (or any part thereof),
- unexpected technical or security issues or problems, and
- extended periods of inactivity
- if you die or are declared a bankrupt;
- if, in our sole discretion you have infringed on the intellectual property or other rights of any person
- if you have provided any false, misleading or incomplete registration/enrollment information to us
- if any monies or fees payable by you under this Agreement is not settled in full or if any deposit or increase thereof required by us not paid, by the stated due date
AMENDMENTS TO AGREEMENT
We reserve the right to amend, revise or supplement, at our discretion, this Agreement at any time and from time to time and you shall be deemed to be aware of and be bound by all such changes upon publication on this Website. Please check this area before you use the Website to determine if any change has been made to the terms and conditions of this Agreement. If you do not agree to any of such changes as they may occur, please arrange to terminate your registration with us immediately by (i) notifying us via email of your unwillingness to accept the said changes, and (ii) by discontinuing your use of this Website. Your continued use of this Website will signify your acceptance of any change in the terms and conditions of this Agreement.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Illinois, without giving effect to any principles of conflicts of laws.
Any dispute arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) which cannot be resolved by amicable settlement between you and us shall be referred to and finally resolved by and in accordance with the law of the courts in Dupage County, Illinois.
Neither this Agreement, nor any rights or obligations hereunder, may be assigned, mortgaged, charged or otherwise transferred by you without our prior consent.
We shall have no liability nor be deemed to be in breach of this Agreement, or be liable for any failure to perform or any delay in the performance of our obligations under this Agreement to the extent that such non-performance or delay is due to any event beyond our reasonable control. In any of such events we shall for the duration of such event be relieved of such obligations under this Agreement as is affected by the said event Provided That this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event And Provided Further That the parties shall resume their full obligations under this Agreement upon the cessation of such event.
Our obligations hereunder shall be suspended during the time and to the extent that we are prevented from complying therewith by any such force majeure event. We shall give you notice thereof, specifying the nature and details of such event and the probable extent of the delay.
We shall be entitled to terminate this Agreement by notice to you if such any such force majeure event prevents our performance of this Agreement for more than 90 consecutive days.
- Any notice or other communication given or made under this Agreement shall be in writing and may be sent by electronic mail or by facsimile transmission or by prepaid registered letter (airmail if overseas), addressed as follows:
- if to us, at our mailing address and numbers as set out cybeRShala , P.O. Box 4135, Naperville, IL, 60567-4135
- if to you, at your mailing address and numbers as provided by you in your completed Application Form submitted to us;
or to such other address, facsimile transmission number or email as the relevant addressee may substitute in the future by a notice that complies with this Clause.
Any such notice or other communication shall be deemed to have been duly served, given or made (i) in the case of posting, (if within Singapore) 2 days (or if overseas, 5 days) after the envelope containing it was posted and proof that the envelope was properly addressed, prepaid, registered and posted shall be sufficient evidence that such notice or other communication has been duly served, given or made; or (ii) in the case of a facsimile transmission, upon receipt of a confirmed transmission report; or (iii) in the case of an electronic mail transmission, upon successful completion of its transmission Provided That a hard copy of such notice or communication is also sent to the addressee by any of the other methods of service herein within the next 24 hours.
This Agreement embodies and sets out the entire understanding between you and us relating to its subject matter and supersedes all prior or contemporaneous, representations, agreements, arrangements or understandings, either oral or written, between you and us relating to such subject matter.
- No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude the exercise of such right, power or privilege.
- In the event that any party shall expressly waive any breach, default or omission hereunder, no such waiver shall apply to, or operate as, a waiver of similar breaches, defaults of omission or be deemed a waiver of any breach or omission hereunder.
If any one or more of the provisions contained in this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
Relationship of parties
Neither party hereto shall act or describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other's behalf. The parties acknowledge and agree that this Agreement shall not constitute, create or give effect to or otherwise notify any partnership, joint venture, agency , pooling arrangement or other formal business organization of any kind between the parties hereto.
Nothing in this Agreement shall be considered or construed as conferring any right or benefit on a person who is not a party to this Agreement, and the parties do not intend that any term of this Agreement should be enforceable, by virtue of the Contracts Act, by any person who is not a party.
The goods and services described on this site are available only within the United States of America.
VIOLATIONS: Please report any violations of the TERMS to our Customer Service department at email@example.com .
We provide online educational services and products and build virtual educational communities which are accessible over this Website. By accessing and using this Website or by participating in any of the virtual educational community you agree to observe and be bound by this Website's Code of Conduct (as the same may be amended from time to time), which is incorporated herein by reference
This Website Code of Conduct shall be read, taken and construed as an integral part of the Agreement. Any non-compliance or breach of this Code of Conduct is a non-compliance or breach of the Agreement, whereupon we are entitled, at our discretion, to either suspend your account or terminate this Agreement.
By accessing and using this Website or by participating in any of this Website's educational products or community, you shall be deemed to agree to the following:-
- You shall not post any messages or materials anonymously or under a false name.
- You agree not to impersonate any other person or entity, whether actual or fictitious.
- harm minors in any way
- You are solely responsible for any statements that are posted using your user account.
- You shall not upload to, distribute through or otherwise publish through this Website any content that is defamatory, obscene, pornographic, sexually oriented, vulgar, offensive (racially or otherwise), profane, threatening, invasive of privacy, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense giving rise to civil liability, violate the rights of any party or, otherwise giving rise to liability or violate any law. We reserve the right to determine what is inappropriate for posting on this Website.
- You shall only post another party's materials if you have first obtained appropriate copyright or other permission to upload such materials and to permit downloading by other users for personal, educational, non-commercial use. You shall not violate, plagiarize or infringe on the rights of third parties.
- You shall not distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, solicitation of goods, services or membership.
- You shall not post on the Website any corrupted files, files that contain viruses or other destructive features, or any software or programs that may corrupt or damage another party's computer or computer system. You are responsible to ensure this.
- You shall not post on the Website chain letters, junk mail, pyramid schemes, surveys, contests, charity or donation requests or petitions for signatures.
- You shall not spam. (We define “spam “as the sending of messages, individually or en masse, to persons who did not request it and/or would not otherwise choose to receive it regardless of whether sent by a business, individual or a nonprofit body.)
- You shall not interfere with, restrict or inhibit other users of this Website. You shall not attack our computer system or the Website nor create or cause a situation whereby other users affected in their enjoyment of use of the Website.
- You shall not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- You shall not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- Any use by you of another Student's information, personal or otherwise, for any commercial purpose or to obtain any financial gain is strictly prohibited. Commercial use by you of any product or services on this Website are strictly prohibited.
- Only the applicant authorized to use this website shall do so and no other, whether it may be a sibling, family member or relative etc. in his/her stead.
We have no obligation to monitor or control the educational community. However, we reserve the right to take such action as we deem appropriate or necessary to comply with applicable relevant laws and regulations, or to edit, refuse to post, or remove any information, in whole or in part, for any reason, at our discretion.
VIOLATIONS: Please report any violations of the TERMS to our Customer Service department at firstname.lastname@example.org .