The following are the Terms and Conditions (“Terms”) governing the use of our Website, www.CertiPHYD.com and our mobile application CertiPHYD App (“App”). The Website and the App shall be collectively referred to as “CertiPHYD Platform”). These Terms may be updated by us from time to time without notice to you, and the Terms, as amended, shall apply to you. You can always review the most current version of the Terms on the website and the App.

BEFORE USING ANY SERVICE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS OF SERVICE, AND PRIVACY POLICY ALONG WITH ALL GUIDELINES (COLLECTIVELY, THE TERMS OF SERVICE). IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY.

GENERAL TERMS

1. The domain name (“Website”) 

www.CertiPHYD.com and the CertiPHYD App are owned by ProVerv Consulting Private Limited, a CertiPHYD incorporated under the laws of India with its registered office at  F114 SUNCITY SECTOR 54 GURUGRAM HARYANA 122011 (“CertiPHYD”  or “us” or “we”).

The following terms shall mean:

a)“Aspirant” shall mean any person who avails the Services by viewing the Content available on the Website;  2. 

b)“Content” shall mean any and all content on and otherwise which are uploaded by the experts and which are provided by CertiPHYD in connection with the Website.

c)“Expert” shall mean any person who avails the Services by uploading any Content on the Website and providing assistance to the Aspirants.

d)“Privacy Policy” shall mean the Privacy Policy of the Website available at [https://www.certiphyd.com/page/privacy-policy]

e)“User” or “you” shall mean any legal person or entity accessing or using the Website and/or the Services either as a Expert or as an Aspirant

f)“We” or “us” shall mean CertiPHYD.  

2. These Terms apply to all Users of the CertiPHYD Platform, including Mentors/Expert  who are also contributors of Content on the CertiPHYD Platform. The term User includes Mentors/Expert as applicable.

3. The User is aware and expressly consents to being subject to the rules, guidelines, policies, terms, and conditions contained in the Privacy Policy. The terms of the Privacy Policy are hereby incorporated into the Terms, and the User expressly and unconditionally agrees to be bound by the same.

4. The User agrees and acknowledges that by accessing the Website through any computing or mobile platform, the User has carefully read and understood the Terms that govern the use of Services and is bound by the Terms for as long as he or she is accessing or using the Services.

5. The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Website. It is the User’s responsibility to review these Terms periodically for any updates/changes. Any use of the Website after post of a notice of updates/changes will be deemed to be an acceptance of the changes by the User.

6. The User agrees to not use the Website for any purpose that is prohibited by these Terms or applicable law. The Website is only provided for your personal, non-commercial use. Except as otherwise permitted by these Terms, you are not allowed to copy, modify, distribute, reproduce, publish, license, transfer or otherwise use in any manner, in whole or in part, this Website or the information and materials on this Website.

7. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, then please talk to your parents or guardian before using the CertiPHYD Platform.

8. The Terms and Conditions along with Privacy Policy constitutes a binding contract between you and the CertiPHYD. You can receive a copy of this Agreement by emailing us at info@CertiPHYD.com and requesting the same. These Terms of Service forms an electronic contract within the provisions of the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. These Terms of Service does not require any physical, electronic or digital signature and These Terms of Service shall be a legally binding document between you and the CertiPHYD.

9. In connection with your use of the Service, please review our Privacy Policy, located at CertiPHYD Platform, to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms

ACCESS AND USE OF THE SERVICES

We provide Users with proper career guidance on our AI-assisted video bot platform by connecting through the Website. The User is aware that any information provided by us on the website is provided for information purposes only and shall not be construed as a commercial offer or create any professional relationship.

 Subject to these Terms, Privacy Policy and all other rules and policies made available or published by CertiPHYD, CertiPHYD hereby grants you a non-exclusive, non-transferable, limited license to use the CertiPHYD Platform in accordance with these Terms.

REGISTRATION

The User may be required to register with the Website   in order to access certain features of the Services. If the User chooses to register for the Services, he/she agrees to provide and maintain true, accurate, and complete information about himself or herself as prompted by the Services’ registration form. Registration data and certain other information about the User shall be governed by our Privacy Policy. [Certain aspects of our Services may also require the User to register with (and agree to the terms of) third party service providers in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third-party services).

 You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. You will be solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with any third party. You must notify CertiPHYD immediately of any breach of security or unauthorized use of your account. At no point in time will CertiPHYD be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to CertiPHYD or others due to such unauthorized use, if any.

MOBILE SERVICES

The User agrees and acknowledges that to the extent he/she accesses the Services through a mobile device:

 The User’s wireless service carrier’s standard charges, data rates, and other fees may be applicable.

 In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by the User’s carrier; and not all mobile services may work with all carriers or devices.

ACCURACY OF INFORMATION

Although we may post information and material on the Website based on reliable sources, we do not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability or completeness of any such information.

The features and services on the Website are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Website, including but not limited to blog contents.

MODIFICATIONS TO SERVICES

 You agree to receive installs and updates from time to time from CertiPHYD. These updates are designed to improve, enhance and further develop the CertiPHYD Platform and may take the form of bug fixes, enhanced functions, new software modules and new versions. You agree to receive such updates (and permit CertiPHYD to deliver these to you) as part of your use of the CertiPHYD Platform.

PROPRIETARY RIGHTS

We are the sole owner or lawful licensee of all the rights to the Website   and the Content. The Website   and Services contain copyrighted material, trademarks, and other proprietary information that belongs to us and/or our licensors, and the User agrees not to reproduce separately our proprietary rights from the textual content associated with them, without first obtaining our prior written consent. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.

1.  The User agrees that he/she shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If the User is blocked by us from accessing the Services (including by blocking his or her IP address), he/she agrees not to implement any measures to circumvent such blocking (e.g., by masking his or her IP address or using a proxy IP address). Any use of the Services or the Services other than as specifically authorized herein is strictly prohibited.

2. By uploading any Content, the User hereby grants us and our affiliates an exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form. Without limiting the foregoing, if any Content contains the User’s name, image or likeness, the User agrees to release and hold us, our affiliates, and employees harmless from: 

• All claims for invasion of privacy, publicity or libel.
• Any liability for claims made by the User (or any successor to any claim the User might bring) in connection with the Content. The User agrees and acknowledges that his/her participation in the Services and submission of Content is voluntary and that he/she will not receive financial compensation of any type associated with the licences, waivers, and releases set forth herein (or our exploitation thereof), and that the sole consideration for subject matter of these Terms is the opportunity to use the Services.

3. The abovementioned licenses granted by you in the Content you submit to the CertiPHYD Platform shall continue to be valid and CertiPHYD may continue to retain or use such Content even after you remove or delete your account on CertiPHYD Platform.

4. The User acknowledges and agrees that we may store any Content and may also disclose the Content if required to do so by law or in the good faith belief that such storing or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, property, personal safety, and our users or the public.

The abovementioned licenses granted by you in the Content you submit to
the CertiPHYD Platform shall continue to be valid and CertiPHYD may
continue to retain or use such Content even after you remove or delete your account on CertiPHYD Platform.

THIRD-PARTY WEBSITES/SERVICES

Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the internet. We have no control over such sites, services and resources and we are not responsible for and do not endorse such sites, services and resources. The User further acknowledges and agrees that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings the User has with third parties while using the Services, are between the User and the third party, and the User agrees that we shall not be liable for any loss or claim that the User may have against any such third party.

ACCESS, PERMISSIONS AND RESTRICTIONS

1. By using the CertiPHYD Platform and/or the Services, the User agrees not to undertake certain activities which include but are not limited to:

a) Downloading or copying any kind of information for the benefit of another individual, vendor or any other third party.

b) Caching unauthorized hypertext links to the Website.

c) Uploading, posting, or transmitting any Content available through the Website that he/she does not have a right to make available (such as the intellectual property of another party).

d) Uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

e) Undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

f) Use of data mining, robots, or similar data gathering and extraction tools.

g) Bypassing any measures used by us to prevent or restrict access to the Website.

h) Using the CertiPHYD Platform  or its Contents for any commercial purpose including but not limited to

• sale of access to the CertiPHYD Platform
• sale of advertising, sponsorships, or promotions placed on or within the CertiPHYD Platform or Content or
• sale of advertising, sponsorships, or promotions of CertiPHYD on any page or website that provide similar CertiPHYD Platform.

i) Making any speculative, false, or fraudulent transaction or any transaction in anticipation of demand.

j) Accessing, monitoring or copying any Content or information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

k) Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service.

l) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

m) Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website.

n) Deep-linking to any portion of the Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission.

o) “framing”, “mirroring” or otherwise incorporating any part of the Website into any other website without our prior written authorization.

p) upload Content, post reviews, comments or send communications, which are not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable; and upload Contributions that:

• are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable.
• incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual.
• contain material that solicits personal information from anyone under the age of 18 or exploits anyone in asexual or violent manner.

2. In addition to the restrictions set out above, the following limitation and conditions shall apply to your use of the Content:

a)  The Content utilized on the CertiPHYD Platform which shall include but not be limited to trademarks, service marks and logos, process, images, software, graphics are owned by or licensed to CertiPHYD and subject to copyright and other intellectual property rights under the applicable law.

b) The Content is provided to you on an ‘as is’ basis. You may access the Content solely for your information and personal use and as permitted under these Terms. You shall not download any Content unless you see a ‘download’ or similar link displayed by CertiPHYD on the CertiPHYD Platform for such Content.

c) You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of CertiPHYD or the respective licensors of the Content. CertiPHYD and its licensors reserve all rights not expressly granted in and to the CertiPHYD Platform and the Content.

d) You understand that when using the CertiPHYD Platform, you will be exposed to Content from variety of sources and by different Users, and that CertiPHYD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CertiPHYD with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless CertiPHYD, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the CertiPHYD Platform.

3. With respect to the Content uploaded by a User who is a Mentor, the following conditions shall also apply:

INDEMNITY

The User agrees to release, indemnify and hold us, our affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to the User’s use of the Services, any Content, in connection with the Services and/or the User’s violation of these Terms.

LIMITATION OF LIABILITY

In no event shall we be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Services. We reserve the right to assume exclusive control of its defence, and of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with us in connection therewith, and hereby expressly agrees to bear the cost thereof.

TERMINATION

The User agrees that we may, in our sole discretion, suspend or terminate the User’s account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if we believe that the User has violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of the User’s use of Services, may be referred to appropriate law enforcement authorities. The User may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. The User agrees that any termination of his/her access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete the User’s account and all related information and files in his or her account and/or bar any further access to such files or the Services. Further, the User agrees that we will not be liable to the User or any third party for termination of the User’s access to the Services.

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on the User will survive the expiration or termination of these Terms.

In case of  a User’s account or access to the Services, CertiPHYD reserves the right, in its sole discretion, to withhold or stop any and all payments that are to be made to such User. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute. Payments shall not be made for the work that is the subject matter of any of the breaches. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.

Any and all provisions related to or regarding Proprietary Rights, Limitation of liability, Confidentiality, and Indemnification hereby survive any termination of these Terms and Conditions or any termination of your use of or subscription to the Services.

WAIVER AND SEVERABILITY

The User agrees that no action of CertiPHYD, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. If any section of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other sections of these Terms will continue in effect.

GOVERNING LAW AND DISPUTE RESOLUTION

1. Initial Resolution. We are available by email at info@CertiPHYD.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the CertiPHYD agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a legal proceeding.

2. These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this section, courts in Gurgaon shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Website.

3. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Gurgaon in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this section. The tribunal shall consist of 1 (One) arbitrator. The language of the arbitration shall be English. 

4. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.5. Each party to the arbitration shall bear its own costs with respect to any dispute.

INDEPENDENT CONTRACTORS

Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

NO MODIFICATIONS BY OUR EMPLOYEES

If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

NOTICES

You agree that the CertiPHYD may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Site or Services.

REFUND POLICIES

If for any reason and at any time the Student withdraws from the CertiPHYD Program, then, the Student shall be under an obligation to provide the Company and the Company Agent with a prior written notice of 10 (ten) days’ notice of such withdrawal from the CertiPHYD Program and the effective date of such withdrawal thereto. The following conditions shall apply in case of withdrawal by the Student from the CertiPHYD Program within 3 (three) days of commencement of the CertiPHYD program, the Student is liable for cost of training and support received, and no refund of tuition fee shall be processed. If the Student drops out after 10 (ten) days after commencement of the CertiPHYD Program, then, in such case, the Student shall be liable to fulfil all its payment obligations and other terms and conditions as set out in this Agreement. For avoidance of doubt, it is hereby clarifiedthat the Payment Term shall commence from the date the Student leaves the CertiPHYD Program.

COMMUNICATION

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to CertiPHYD by contacting us at:

Name: CertiPHYD

Email: info@CertiPHYD.com

Phone: +91 7827927539