• aPPLICATION fORM

Terms of Use

This Terms of Service (“Agreement” or “Terms”) is a legally binding agreement between you (the “User,” “you,” “Student,” or “your”) and TECH I.S. Inc. (“TECH I.S.,” “School,” “we,” “us,” “our”). You acknowledge and agree that your use of the TECH I.S. platform (the “Platform”) through Tech I.S.’s website at https://techis.io/ (the “Website”) will be governed by this Agreement, our Privacy Policy, Website Terms of Use and any related agreement.

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at support@techis.io.

Your use of our Platform shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy and Website Terms of Use referenced herein. Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy and/or our Website Terms of Use.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY AND WEBSITE TERMS OF USE REFERENCED HEREIN. FURTHERMORE, YOU HEREBY CONSENT ON BEHALF OF YOUR MINOR CHILD WHO MAY ACCESS THE PLATFORM VIA YOUR REGISTRATION OR ACCOUNT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE WAIVER OF THE RIGHT TO A TRIAL BY JURY AND/OR TRIAL BY COURT AND CONSENT TO ARBITRATE ANY CLAIM HEREWITH UNDER THE ARBITRATION CLAUSE SET FORTH HEREIN. 

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE, SERVICES, OR PLATFORM.

1.INTRODUCTION TO TECH I.S. AND OUR SERVICES

 

Tech I.S. is a virtual global programming school in the education technology domain. Tech I.S. offers the Users customized programs by way of virtual classes by partnering with various tutors and imparts programming skills, independent development support, and career guidance to targeted users (“Services”).  Tech I.S. offers a blend of new age e-learning and old school learning to make online learning simpler and more efficient and focuses on alternate mode of education.

Our Services can be found here and to order our Services, please click here.

2. TERRITORIAL RESTRICTION

Our Website, Services, and Platform are only available for use and download outside the European Union. Our Website, Services, and Platform are not available for use or download by residents of or visitors to the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website, Services, or Platform. If you are a resident in the United States of America (“US”), you must comply with these Terms,  Privacy Policy and the Website Terms of Use .  If you are a resident of any other country, please ensure compliance with all local laws prior to using our Website or Platform.

If you have any questions regarding this Section, please email us at support@techis.io.

3. DEFINITIONS

    1. Customer” refers to candidates and their guardians, before they are approved by the School to be Students.
    2. Discontinue School” means leaving the School at the Student’s own discretion.
    3. Enrolled” means acceptance by School of a Customer’s enrollment form and provision of the Platform URL to access the Services.
    4. Enrollment Fee” refers to the fee required to be paid by a Customer to enroll at the School and start the Student’s attendance, as prescribed by the School.
    5. Free Development” means a curriculum in which the Students themselves develop web applications after the completion of the Online Curriculum.
    6. Miscellaneous Expenses” refers to the specified amount agreed between the School and a Customer as consideration for the provision of the Services and includes system usage fees and teachers’ fees. However, the Enrollment Fee is not included.
    7. Online Curriculum” means a curriculum for learning video materials and exercises that precedes free development.
    8. Personal Information” refers to such information used to identify an individual such as surname, given name, sex, date of birth, address, telephone number, email address, photograph, etc.
    9. School” means the global programming school run by TECH I.S.
    10. Services” refers to various services provided by the School as described under Section 1.
    11. Service Provision Period” is 6 months from the date of start of the School.
    12. Student/Students” means those who have agreed to these Terms and have been Enrolled into the School by the method specified by the School.

 

4. ENROLLMENT PROCEDURE

  1.  

When seeking to enroll into the School, the Customer shall comply with these Terms and shall get Enrolled by providing such information as requested by the School.

By agreeing to get Enrolled into the School, a Customer agrees to this Agreement and shall fill out the necessary information including Personal Information into the enrollment form found here issued by the School and complete the enrollment for admission into the School.

Upon reviewing a Customer’s enrollment form, if the School is satisfied with the information provided on the enrollment form, the School shall indicate its acceptance of such a Customer after which the Customer shall have to pay the Enrollment Fee and Miscellaneous Expenses and if a Customer chooses to pay by installment, then the first installment fee.

Upon completion of the enrollment procedure according to the provisions of the preceding paragraph, the Customer will now be able to use the Services as a Student in accordance with this Agreement.

 

5. PRIVACY POLICY

Our Privacy Policy describes how we handle the personal and business information you provide to us when you get Enrolled into the School to use our Services. You understand that through your use of our Website, Services, or Platform, you consent to the collection and use (as set forth in the Privacy Policy) of this information, by us and/or our affiliates.

 

6. NOTIFICATION OF CHANGE

If there are any changes to any of the details provided on the enrollment form for getting Enrolled into the school, the Customer or the Student should promptly notify us of the changes by the method specified by the School. In addition, the Customer/Student shall take full responsibility and shall not blame the School if that Student/Customer faces any disadvantage due to the failure to notify the change on a timely manner to the School.

7. ELIGIBILITY & ACCESS RESTRICTIONS

To be eligible to use our Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older or if you are not or you hereby consent and take responsibility on behalf of your minor child who may access our Platform via your registration or account; (2) are not currently restricted from accessing our Website or Platform, or not otherwise prohibited from having an account, (3) are not our competitor, or are not using our Website, Services, or Platform for reasons that are in competition with us; (4) will only maintain one registered account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (7) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website, Services, or Platform.

8. SERVICE PROVISION PERIOD

Services shall be provided from the date when the Platform URL to access the Services issued by the School is received by the Student. Our Services shall be provided for six (6) months from the date of getting Enrolled into the School (hereinafter referred to as the “Service Provision Period“). Notwithstanding the following paragraphs, Students shall receive the Services during the Service Provision Period.

Irrespective of the duration of a course, the Services shall be provided by the School during the entire Service Provision Period. After the expiry of this Service Provision Period, Student will lose access to the Services.

Any description such as “Freestyle school” written in pamphlets, websites, and other texts mean that the Students are free to use this during the term of this Agreement. This does not mean that the Service Provision Period is unlimited.

Students on full-time plans:

Curriculum

Service Provision Period

Online Curriculum

3 months from the date of getting Enrolled

Free Development

From the day after the Online Curriculum ends until six (6) months from the date of getting Enrolled

   Students on part-time plans:

Curriculum

Service Provision Period

Online Curriculum

6 months from the date of getting Enrolled

Free Development

From the day after the Online Curriculum ends until six (6) months from the date of getting Enrolled

The School may refuse to allow Students to continue their curriculum and is not obligated to refund the Enrollment Fee, if a Student falls under any of the following categories:

  1. When all or part of the information provided to the School during enrollment or registration is false, erroneous, or has been omitted.
  2. If a Customer is a minor, an adult ward, a person under conservatorship, or a person under support, and they have not obtained the consent of a legal representative, guardian or assistant to be part of the School.
  3. When the School determines that a Customer has Enrolled into the School using anti-social forces such as gangsters or others equivalent thereto or if the School determines that the Student has some kind of interaction or involvement with anti-social forces such as cooperation or involvement in the management of the School.
  4. When the School determines that a Student has violated their agreement with the School in the past or is a closely related to such a person.
  5. If the School determines that the way a Student has been Enrolled is not appropriate with the School acceptance criteria.
  6. If the Student has taken measures under Section 10.

 

9.ABSENCE FROM SCHOOL

If the Student has not been able to attend classes due to a health condition, or is late in attending any classes, please contact the School administrator at support@techis.io. If the specific reason is not provided to the School or if School is not informed regarding a Student’s absence, the Student shall not receive the Services and shall not be able to attend classes that are otherwise provided under this Agreement.

10. DISCONTINUATION FROM SCHOOL

If the Student discontinues School within eight (8) days from getting Enrolled and has notified the School in the manner prescribed by the School, the School shall refund any monies in full, received in advance by the Student (hereinafter referred to as “Advance Payment“) before the notice of cancellation. However, the Customer will be responsible for the final settlement.

The Student may cancel their enrollment after 8 days from the date of receipt of the access to the Platform within the Service Provision Period stipulated under Section 8. If the Student cancels after 8 days but within the Service Provision Period, School shall charge the Student a pro-rated amount for the utilization of the Services from the date of getting Enrolled until the date of acceptance of Student discontinuation by the School.

If the Student wishes to cancel early, the Student can leave the School and cancel their enrollment by notifying the School in the manner and method prescribed by the School within the Service Provision Period.

11. DISMISSAL FROM SCHOOL

 If the Customer or a Student falls under any of the categories enumerated under this Section 11, the School may cancel the Student enrollment or cancel the provision of any Services and may dismiss the Student without notifying such Student in advance.

  1. If any of the terms of this Agreement is violated, and the violation is not corrected within fourteen (14) days despite the School providing a notice to this effect to the Student, or it is clear that such violation will not be corrected such as non-payment of installment fees. In case of delay, a written notice is to be given by the Student to the School and the payment shall be made within 20 days from the date of such notice.
  2. When the School becomes aware that a Student has provided false declarations or incorrect information during the enrollment procedure.
  3. When there is a delay in the payment of fees by the Student and if the Student is under a monthly payment plan, then non-payment of fees for two consecutive months.
  4. In addition, if the School determines that it is not appropriate for the Customer/Student to use the Services or register as a Student.

The School will not be liable for any damages caused to the Students by the actions performed by the School based on this Section 11.

12. CHANGES TO THE PROVISION OF SERVICES.

The school may change the instructor in charge due to illness, injury, childbirth, etc. The School may change the schedule if there are not enough staff at the School to provide the Services to the Students.

The school will not be liable for any damages caused to Students based on the measures taken by the School under this Section 

13. SUPPORT

School shall provide support to the Students only until the end of the Service Provision Period. In some cases, the instructor may not be able to provide immediate support and if the time per session exceeds 30 minutes, the session can be stopped halfway due to the instructor’s convenience. A session can be stopped midway if there is an unavoidable reason such as replacement of an instructor.

14. SUSPENSION OF SERVICES

In any of the following cases, the School shall be able to suspend the provision of all or part of the Services without notifying the Students in advance.

  1. If the computer system required to provide the Services needs urgent inspection or maintenance
  2. When the computer, communication line, etc. stops due to an accident
  3. When the Services cannot be provided due to a force majeure event such as land mines, lightning strikes, fires, wind and flood damage, power outages, and natural disasters.
  4. If the School cannot operate anymore.

The School will not be liable for any damages caused to Students based on the measures taken by the School under this Section 14.

15. CHANGE IN THE PROVISION OF SERVICES

The School may change the content of the Services for its own convenience. The school will not be liable for any damages caused to the Students based on the measures taken by the School under this Section 15.

16. CANCELLATION OF THE ENROLLMENT BY THE STUDENT

The Student can cancel their enrollment by giving a notice to this effect to the School in writing within 8 days from the date the Student gets Enrolled into the School. Such cancellation notice needs to be sent by the Student to support@techis.io.

Termination of the contract described above will take effect when the cancellation notice will be sent by the Student to the email address mentioned above.

17. TERMINATION

When the School ends the provision of the Services, the School shall notify the Students in advance.

The Student may cancel the enrollment by notifying the School within the prescribed period of the School in the manner and method prescribed by the School after 8 days from the date of receipt of access to the Platform.

 

18. TERMINATION FEES

In case of cancellation in accordance with the provisions of Section 16 or termination under Section 17, the School shall refund the balance to the Student after deducting the cost of the following (I) or (II) from the Advance Payment.

  1. Cancellation of this Agreement before taking up any classes – the cost shall be $150 United States Dollars (USD) including tax.
  1. Cancellation of this Agreement after taking up any classes – the total amount of the following (a) to (c)
  1. Costs normally required to conclude the Student enrollment – Enrollment Fee of $1,000 USD (excluding tax).

The breakdown is as follows: course preparation fee – $300 (excluding tax), computer registration/ administration fee $100 (excluding tax), contract document preparation administration fee $60 (excluding tax), Student ID issuance fee $40 (excluding tax), e-learning account registration cost $500 (tax excluded).

Enrollment Fee may be discounted at the time of enrollment. However, in case of cancellation, the discount is considered invalid.

  1. As consideration for the provided Services, the higher of the amounts calculated in (1) or (2)
  • Calculation method based on Service Provision Period shall be various expenses divided by the period of Agreement multiplied by the Service Provision Period.
  • Calculation method based on digestion period shall be expenses divided by the period of Agreement multiplied by the daily digestion period.

The digestion period is the period from the date of getting Enrolled until the notice of cancellation is provided to the School. If the Student enters the school on the 10th day of a month, it shall be taken as the utilization of the Services for one month as of the ninth 9th day of the following month. However, if the entry date is 31st of a particular month and there is no corresponding day in the following month, one month will be spent as of the last day of the following month.

  1. Either the amount equivalent to 20% (excluding tax) or $500 dollars (excluding tax) of the amount obtained by deducting the total amount of the above (1) and (2) from the Advance Payment as the amount of damage that normally occurs due to cancellation or lower amount.

 

19. PROHIBITIONS

In using our Services, Students must not act in any of the following ways. If the School finds an act that falls within one of the following categories, reasonable measures such as cancellation of enrollment shall be taken.

  1. Acts that interfere with the lesson, such as having many private languages
  2. Rebellious attitude or behavior towards the instructor
  3. Acts of being late and absent without contacting in advance
  4. Acts that violate the law or are related to criminal acts
  5. Fraud or threatening acts against the School, other Students who obtain our Services, or other third parties
  6. Acts that violate public order and morals
  7. Acts that infringe the intellectual property rights, portrait rights, privacy rights, honors, other rights or interests of this school, other Students or other third parties
  8. Acts that place an excessive load on the network or system while providing our Services
  9. Acts that may interfere with the operation of our Services
  10. Unauthorized access to or attempt to access School’s network or system
  11. Publicity, advertisement, solicitation, or business conduct not authorized by the School in advance
  12. Illegal collection of information of other Students
  13. Acts that cause disadvantage, damage, or discomfort to the School, other Students or other third parties
  14. Providing profits to antisocial forces
  15. Acts that violate rules such as school virtue
  16. Acts that directly or indirectly induce or facilitate the actions of the preceding items
  17. Other actions that the School deems inappropriate

 

20. SERVICE LICENSE

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, Services, and Platform to access, stream, make available offline, and use our Website, Services, or Platform and content made available in or otherwise accessible through our Website or Platform, strictly in accordance with this Agreement.

You will not use, copy, adapt, modify, prepare derivative works based upon our Website, Services, or Platform to distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, Services, or Platform, except as expressly permitted in this Agreement. When accessing our Website, Services, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, SERVICES, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO US FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE, SERVICES, OR PLATFORM.

21. ACCESS AND SERVICE RESTRICTIONS

You agree that our Platform, including but not limited to the Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Tech I.S. and/or our licensors including brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information, or materials other than for your permitted use of our Platform and our Services or in any manner that is inconsistent with the terms contained in this Agreement.

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services or Platform, in any manner, and you will not exploit our Website, Services, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, Services, or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, Services, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, Services, or Platform.

22. RESERVATION OF RIGHTS

You acknowledge and agree that our Website, Services, and Platform are provided for your use. Except to the extent necessary to access and use our Website, Services, and/or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website or Platform, whether expressly, by implication, estoppel, or otherwise. Tech I.S. and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

23. ACCESS RIGHTS

You can access and use our Website at https://techis.io/. When using our Platform and Services, you are required to provide us with registration information including Personal Information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy.  You agree to cooperate with us if the security of our Website or Platform is compromised by you or another person through the use of our Website or Platform.  We will not be liable for any loss or damage arising from your failure to comply with this Section 23.

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website, Services, or Platform. This information is necessary for us to provide our Website, Services, or Platform to you and is stored on our servers to enable us to continue to provide our Website, Services, or Platform to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website, Services, or Platform to you. Please send your requests to us at support@techis.io.

24. PAYMENT

  1. Enrollment Fee:
  2. In case of a lump sum payment and the first installment in case of installment, the payment of the fees shall be done on the day the Customer gets Enrolled.
  3. Installment payments shall be paid off in full within the Service Provision Period.
  • Customized payment plans are available. A Customer is given the option to choose one at the time of getting Enrolled.
  1. Payment can be made by cash and/or electronically.
  1. Miscellaneous Expenses:
  2. All expenses are to be paid electronically by the date specified by the School. In that case, the final settlement will be borne by the Student.
  3. Notwithstanding the provisions of the preceding paragraph, Students who have opted for a monthly payment plan, shall finish paying the Enrollment Fee and the Miscellaneous Expenses in monthly installments within the completion of the Service Provision Period. At the time of getting Enrolled into the School, Customer shall pay the Enrollment Fee and the monthly installment for the first month.
  • Payment method: Student shall transfer the installment money for the following month to the designated account by 27th of that month. If the 27th falls on Saturdays, Sundays, and holidays, payment shall be made by the next business day. In that case, the final settlement will be borne by the Customer.
  1. Expenses will be revised every year. The revised fee will be applied to those who have submitted the enrollment form to the school after the revision date. In addition, depending on changes in socio-economic conditions, the School may change expenses even during the course of the academic year.
  2. All expenses are non-refundable except as provided in this Agreement.
  1. Delay in the payment:

If payment of the Enrollment Fee and Miscellaneous Expenses is delayed, a penalty for such delay of 14.6% per annum will be applied to the amount due from the date after the payment deadline date until the date such amount is paid. However, in case of late payment of installments, the interest rate shall be calculated at the statutory interest rate.

 

25. INDEMNIFICATION

You agree to indemnify, defend, and hold Tech I.S. and our officers, employees, managers, directors, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Tech I.S. and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you while getting Enrolled or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

 

26. DISCLAIMERS

Your access to and use of our Website, Services, and Platform or any content are at your own risk. You understand and agree that our Website, Services, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, Services, or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, Services, or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website or Platform; (iv) whether our Website, Services, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, Services, or Platform, will create any warranty or representation not expressly made herein; and (v) whether the internal rules of industry groups will be met and that no problems will occur.

27. LIMITATION OF LIABILITY

You acknowledge and agree that, in no event will Tech I.S. be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website or Platform, including, without limitation, any information made available through our Website or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times (1x) the aggregate of payments received by the School under this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website, Services, or Platform.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Tech I.S. may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Tech I.S.’s liability will be the minimum permitted under applicable law.

 

28. COPYRIGHT INFRINGEMENT/DMCA NOTICE

If you believe that any content on our Website, Services, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our Website or Platform that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and email address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Tech I.S.’s Copyright Agent to receive DMCA Takedown Notices is Kato, support@techis.io at Tech I.S. Inc., Attn: DMCA Notice, 2445 Augustine Drive, Santa Clara, California, 95054. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section 28. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Tech I.S. in connection with the written notification and allegation of copyright infringement. 

29. ASSIGNMENT

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

 

30. ANTI-BRIBERY AND EXPORT COMPLIANCE

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, Services, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, Services, or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.

31. GOVERNING LAW

This Agreement shall be governed by the law of the State of Delaware, without respect to its conflicts of laws principles.  Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 32.

32. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THE FOLLOWING SECTION 32 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Tech I.S. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Tech I.S. agree (a) to waive your and Tech I.S.’s respective rights to have any and all Disputes arising from or related to this Agreement, use of our Website, Services, or Platform, resolved in a court, and (b) to waive your and Tech I.S.’s respective rights to a jury trial. Instead, you and Tech I.S. agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or a jury in court).

2. No Class Arbitrations, Class Actions or Representative Actions

You and Tech I.S. agree that any Dispute arising out of or related to these Terms or use or access of our Website, Services, or Platform is personal to you and Tech I.S. and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Tech I.S. agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Tech I.S. agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

3.Federal Arbitration Act

You and Tech I.S. agree that these Terms affect interstate commerce and that the enforceability of this Section 32 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

4. Notice; Informal Dispute Resolution

You and Tech I.S. agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Tech I.S. shall be sent by certified mail or courier to Tech I.S., Attn: Kato, 2445 Augustine Drive, Santa Clara, California, 95054. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Tech I.S. account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this Agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Tech I.S. cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Tech I.S. may, as appropriate and in accordance with this Section 32, commence an arbitration proceeding.

5. Process

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND TECH I.S. AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR TECH I.S. WITHIN (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND TECH I.S. WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Tech I.S. agree that  (a) any arbitration will occur in Santa Clara County, California, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” (Section 32), and (c) that the state or federal courts of the State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

6. Authority of Arbitrator

As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitral, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding anything to the contrary herein or the applicable AAA rules, discovery in the arbitration shall be limited to one set of interrogatories, one set of requests for admissions, and one set of requests for production of documents.

The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” (Section 27) above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We will not seek and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

7. Rules of AAA

The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.

8. Severability

If any term, clause or provision of this Section 32 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 32 will remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of this Agreement and will remain valid and enforceable, except as prohibited by applicable law. 

9. Opt-Out Right

YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION 32 BY WRITING TO: TECH I.S. INC., RE: OPT-OUT, 2445 AUGUSTINE DRIVE, SANTA CLARA, CALIFORNIA, 95054. IN ORDER TO BE EFFECTIVE, THE OPT OUT NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE YOUR INTENT TO OPT OUT OF BINDING ARBITRATION. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES IN ACCORDANCE WITH SECTION 32.  

33. COMPENSATION OF DAMAGES

In the event of Disputes between the Student and another Student or Customer or a third party, the Student will be responsible for resolving the Disputes at their own expense and responsibility, and the School will not be liable for any compensation. If a Student causes any form of damage to the School equipment or property during or before using the Services, the School will charge the Student for the damage suffered by the School.

 

34. CONFIDENTIALITY

Students agree to confidentially handle the non-public information disclosed in connection with the Services that the School has determined to be confidential to the Students, unless there is prior written consent provided to the Student to use such confidential information of the School.

35. PERSONAL INFORMATION

Personal Information received from Customers and/or Students shall not be used for any purpose other than that necessary to provide the Services under this Agreement. Personal Information so received shall be stored in the School’s systems from the time of getting Enrolled until graduation. Personal Information so collected shall be destroyed after the purpose of this Agreement is fulfilled and shall only be stored only until such time as is required to store that information for legal purposes or when the Customer and/or the Student provides his consent for the School to store and/or retain such Personal Information after the fulfillment of the Services.

36. NOTICE

Any notice from the School to Customers and/or Students will be sent to the email address and/or any other contact information that the Customer and Students provide to the School when getting Enrolled.

  Any notice to the School shall be sent via the helpdesk portal as well as to support@techis.io

 

37. MARKETING

Tech I.S. may include the Student’s details including any course related assignments made by the Student on its website and in its promotional materials as set forth in this Agreement.

 

38. MISCELLANEOUS

This Agreement along with our Privacy Policy and Website Terms of Use constitutes the entire agreement between you and Tech I.S. and supersedes any prior agreements between you and Tech I.S. with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, Services, or Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Tech I.S. shall be given by certified mail, postage prepaid and return receipt requested to Tech I.S. at 2445 Augustine Drive, Santa Clara, California, 95054. Any notices to you shall be provided to you through our Website or Platform or given to you via the email address or physical address you provide to Tech I.S. during the enrollment process.

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