Disclaimer

This site is for the exclusive use of students undergoing online courses from universities and other institutions, who have been granted access to the avagmah technology platform.

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

FOR GOOD CONSIDERATION, and in consideration of the license to use the "Avagmah Virtual Classroom" hereinafter referred to as "the Application"), I, the user of the Application (hereinafter referred to either in the first-person or as "the User") and "Aeon learning pvt ltd also known as "Avagmah", a private limited company, having its office at #2561, 16 D Main Road HAL II Stage, Bengaluru, Karnataka 560008, (hereinafter known as "the Company"), hereby agree to the terms of this Confidentiality and Non-Disclosure Agreement.

RECITALS

WHEREAS the Company is engaged in the business of offering Industry- relevant Academic Programs to working professionals in partnership with top global universities and institutions and is the developer and provider of various software tools, programs, components, applications and frameworks to facilitate the effective, efficient, enhanced and efficacious learning of subject matter through the use of an online repository of faculty lectures, study material, courseware and other such educational content in textual, audio, visual or other electronic formats;

WHEREAS I/the User am/is a student of the Company who has registered/subscribed/signed-up for online courses offered by the Company, and am/is desirous of using the Application and other allied services offered by the Company in accordance with the terms, conditions and covenants set forth hereunder;

COVENANTS

NOW THIS AGREEMENT WITNESSES THAT:

  1. Definitions: 'Intellectual Property Rights' means all vested, contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration or these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created, to which the Company may be entitled.

    'Confidential Information' includes information about the Application and related products, services and Intellectual Property Rights, shared, provided or disclosed by the Company directly or indirectly to the User in digital or documentary forms; or, by way of models, materials or other tangible means; or, through online, telephonic or in-person discussions, explanations and presentations; or, by display or demonstration, verbal, visual or otherwise whether before, on or after the date of this Agreement.

  2. Validity: This Agreement shall take effect from the time at and date on which the User herein explicitly accepts this Agreement by either clicking on the button or to confirm acceptance of the terms and conditions of this Confidentiality and Non-Disclosure Agreement and shall be valid for a period of 12 (Twelve) months from the date of such acceptance.

  3. Obligations of Confidentiality & Non-Disclosure: The User agrees, affirms, promises and undertakes to:

    1. Keep the Confidential Information secret at all times;
    2. Not disclose it or allow it to be disclosed in whole or in part to any third-party without our prior written consent unless required to be so done under law; and,
    3. Not use it in whole or in part for any purpose except for the Permitted Purpose.
    4. Take proper and all reasonable measures to ensure the confidentiality of the Confidential Information and Intellectual Property Rights of the Company is not divulged or caused to be divulged either deliberately or inadvertently through acts of omission and commission, including, but not limited to, posting of screenshots, video clippings, screen grabs, photographs, drawings, sketches, descriptions, etc., of software architecture & design, system logic, user interfaces, GUI layouts, pedagogy process flows, database design, program algorithms, etc., on public or private groups, forums or platforms on the Web or in the media, conventional or otherwise.

    The obligations of confidentiality and non-disclosure set out in this Agreement shall not apply to any information that the User can show by written records:

    1. Was known to him before the Confidential Information was imparted by Company, or,
    2. Is in or subsequently comes into the public domain through no fault on his part; or
    3. Is received by User without restriction on disclosure or use from a third party lawfully entitled to make the disclosure to him without such restrictions; or
  4. No Implied Rights: This agreement shall not be construed:

    1. To grant the User any license or rights other than as expressly set out in his agreement in respect of the Confidential Information and Intellectual Property Rights; nor,
    2. To require the Company to disclose any Confidential Information or Intellectual Property Rights to the User. No warranty or representation, express or implied, is given as to the accuracy, efficacy, completeness, capabilities or safety of any materials or information provided under this agreement.
  5. Dispute Resolution: The validity, construction and performance of this Agreement shall be governed by Indian Law. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts/forums in Bengaluru, to which the parties to this Agreement hereby submit for the resolution/redressal of any and all disputes/grievances.

    Any dispute/difference/grievance that may arise out of a breach or otherwise of this Agreement shall be referred to a sole arbitrator according to the provisions of The Arbitration and Conciliation Act, 1996, and the Rules framed thereunder for the initiation and conduct of suitable arbitration proceedings to determine the extent of losses and/or injuries and/or damages caused to or suffered by the Company and amounts payable, as relief or remedy or compensation for such losses and/or injuries and/or damages caused to or suffered by the Company.

    The venue of arbitration shall be Bangalore and the language shall be English.


IN WITNESS WHEREOF the Parties have executed this Agreement that takes effect from the time at and date on which I, the User herein explicitly accord(s) my/his/her acceptance to the terms and conditions of this Confidentiality and Non-Disclosure Agreement by clicking/checking the corresponding button/ check-box as first mentioned hereinabove.