Terms of Use

Welcome to ProgNXT! These Terms of Use constitute a legally binding agreement between you (referred to as “you” or “your”) and ProgNXT (referred to as “Company,” “we,” “us,” or “our”), governing your access to and use of our website, along with any related media forms, channels, mobile websites, or applications collectively referred to as the “Site.”

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these Terms, you are expressly prohibited from using the Site, and we kindly request that you discontinue use immediately.

Supplemental Terms and Modifications

We may supplement these Terms with additional policies, terms, or documents, which are expressly incorporated by reference. ProgNXT reserves the right to modify or amend these Terms of Use at any time, at our sole discretion, and for any reason.

In the event of modifications, the “Last Updated” date at the top of this document will be revised. By continuing to use the Site after such updates, you agree to and accept the revised terms. It is your responsibility to periodically review these Terms of Use to stay informed of any changes.

Geographical Restrictions

The content and services provided on the Site are intended for use in jurisdictions where such distribution or use complies with applicable laws and regulations. Access to the Site from locations outside of such jurisdictions is at your own risk, and you are solely responsible for ensuring compliance with all local laws, rules, and regulations applicable to your use of the Site.

Intellectual Property Rights

Unless explicitly stated otherwise, the Site and all associated content, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), as well as all trademarks, service marks, and logos displayed therein (the “Marks”), are the proprietary property of ProgNXT or are licensed to us. These are protected by applicable copyright laws, trademark laws, and other intellectual property rights under the laws of the United States, international copyright treaties, and conventions.

The Content and the Marks are provided on the Site “AS IS” for your personal, non-commercial use only. Except as expressly authorized by us, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, Content, or Marks for commercial purposes.

Subject to your eligibility to use the Site, we grant you a limited, revocable, non-exclusive license to access and use the Site and to download or print a copy of any Content to which you have properly gained access, strictly for your personal, non-commercial use. All rights not expressly granted to you in these Terms are reserved by ProgNXT.

User Representations

By using the Site, you represent and warrant that:

1. You have the legal capacity to enter into and comply with these Terms of Use.
2. You are not a minor in your jurisdiction of residence or have received parental consent to use the Site.
3. You will not access the Site through automated or non-human means, including but not limited to bots or scripts.
4. You will not use the Site for unlawful or unauthorized purposes.
5. Your use of the Site complies with all applicable laws and regulations.

If you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all future access to the Site.

Fees and Payment

ProgNXT accepts various payment methods, including bank transfers, Visa, MasterCard, PayPal, RazorPay, and other available sources. Availability of specific payment methods may vary based on circumstances and geographic location.

1. Service Fees: Scheduled service delivery and course fees must be confirmed and paid prior to booking. Some additional services, such as cloud infrastructure or consultations, may require separate fees.
2. Billing Information: You agree to provide accurate, current, and complete purchase and account information for all transactions with ProgNXT. You must promptly update your account details, including email address, payment method, and card expiration date, to ensure successful transactions.
3. Taxes: Applicable sales tax or VAT will be added to your purchase price where required by law.
4. Payment Terms: Full payment of agreed fees must be made in cleared funds within five working days of the invoice being issued or prior to service delivery unless otherwise agreed in writing. Failure to pay may result in cancellation, subject to the cancellation penalty clause.
5. Errors in Pricing: We reserve the right to correct pricing errors or discrepancies, even after payment has been processed.
6. Order Refusal: We reserve the right to refuse or cancel any order placed through the Site at our discretion.

Cancellation Policy

Cancellations or postponements must be communicated in writing, either through formal email or delivered to our office, prior to the commencement of the service or course delivery. This policy applies to both scheduled and non-scheduled courses.

Cancellation Penalty Structure

Penalty fees for cancellations will be calculated based on the notice period provided before the scheduled service or course delivery date, as follows:

1. Within 7 Days of Booking:
• Condition: Cancellation date must fall outside the 80-day window from the first scheduled day of service delivery.
• Penalty: No penalty. A 100% refund will be issued, excluding portal fees and applicable tax deductions.
2. 80 or More Days Prior to Delivery (Excluding Above Condition):
• Penalty: 30% of the proposed fee.
3. 60 to 79 Days Prior to Delivery:
• Penalty: 50% of the proposed fee.
4. 40 to 59 Days Prior to Delivery:
• Penalty: 75% of the proposed fee.
5. Within 39 Days Prior to Delivery:
• Penalty: 100% of the proposed fee.

Note: For training programs, no refunds will be provided if attendees fail to attend the scheduled sessions or leave the program after it has commenced, regardless of the reason.

Feedback: If you are dissatisfied with our services, please email us at [email protected].

Prohibited Activities

The Site is provided solely for authorized purposes as outlined in these Terms of Use. Unauthorized use or exploitation of the Site or its content is strictly prohibited.

As a user, you agree not to:

1. Data Collection: Systematically retrieve or compile data or content from the Site without explicit written consent.
2. Unauthorized Use: Use the Site to collect usernames or emails for unsolicited communications or create user accounts through automated or deceptive methods.
3. Commercial Use: Advertise, sell, or offer goods or services without approval.
4. Security Interference: Circumvent or interfere with security features of the Site, including content usage restrictions.
5. Framing or Linking: Engage in unauthorized framing of or linking to the Site.
6. Deception: Mislead or defraud us or other users, including attempts to gain sensitive account information.
7. Support Misuse: Abuse support services or submit false reports.
8. Automation Misuse: Use scripts, bots, or other automated tools for unauthorized activity.
9. Disruption: Interfere with the Site’s functionality or burden its network and services.
10. Impersonation: Impersonate other users or use their credentials.
11. Transfer Profile: Sell, transfer, or share your profile.
12. Harm Others: Use information obtained from the Site to harass or harm others.
13. Compete: Use the Site or its content for competing or revenue-generating purposes without authorization.
14. Reverse Engineering: Decipher or reverse engineer any software from the Site.
15. Access Bypass: Attempt to bypass Site access restrictions.
16. Harassment: Intimidate or threaten employees or agents of ProgNXT.
17. Proprietary Removal: Delete or modify copyright or proprietary notices from content.
18. Software Copying: Copy or adapt the Site’s codebase or software components.
19. Malware Transmission: Upload or transmit viruses, Trojan horses, or disruptive material.
20. Spyware Use: Employ passive or active information collection mechanisms such as spyware or web bugs.
21. Defamation: Disparage or harm ProgNXT or the Site.
22. Automated Systems: Use or launch unauthorized scripts, bots, or utilities.
23. Legal Violations: Operate the Site in ways inconsistent with applicable laws or regulations.

By adhering to these guidelines, you contribute to maintaining the integrity, security, and usability of the Site.

User-Generated Contributions

The Site may allow users to create, submit, or post content ("Contributions"), which may include text, audio, video, graphics, and other materials. By submitting Contributions, you agree:

• To comply with the Site’s Privacy Policy.
• That you retain ownership of your Contributions but grant us a license to access, store, and use your Contributions per our policies.
• To take full responsibility for the content and exonerate us from liability regarding your Contributions.

Contribution License:

• By providing suggestions or feedback, you grant us the right to use such input for any purpose without compensation.
• You confirm that your Contributions are original or that you have appropriate rights to share them.

Guidelines for Reviews

Users may leave reviews or ratings on the Site, subject to the following guidelines:

1. Reviews must reflect firsthand experience.
2. Offensive, discriminatory, or illegal content is prohibited.
3. Competitors may not post negative reviews.
4. Reviews must not include false claims or sensitive personal information.

We reserve the right to accept, reject, or remove reviews at our discretion and are not liable for their content. By posting a review, you grant us a perpetual, royalty-free license to use, reproduce, and distribute it.

Submissions

By submitting feedback, ideas, or other input ("Submissions"), you agree:

• That the Submissions are non-confidential and become our property.
• To waive all moral rights and confirm your ownership or right to share the Submissions.
• That we can use Submissions for any lawful purpose without compensation.

Third-Party Websites and Content

The Site may include links to third-party websites and content. We are not responsible for:

• The accuracy, completeness, or reliability of third-party content.
• Monitoring or endorsing third-party websites.
• Any loss or damage arising from your use of third-party content or websites.

Site Management

We reserve the right to:

1. Monitor the Site for violations of these terms.
2. Take legal action against violators.
3. Restrict or disable access to your Contributions or the Site.
4. Remove excessive or inappropriate content from the Site.

Privacy Policy

We prioritize your privacy. Please review our full Privacy Policy at ProgNXT.in/privacy-policy. By using the Site, you consent to data collection and processing in accordance with Australian laws. If accessing the Site from outside Australia, you acknowledge and agree to data transfer and processing in Australia.

Term and Termination

These Terms of Use will remain in effect while you use the Site. We reserve the right, at our sole discretion and without prior notice, to:

• Deny access to the Site, including blocking certain IP addresses.
• Suspend or terminate your account for any violation of these Terms, applicable laws, or regulations.
• Remove any content or information you post on the Site.

If your account is terminated or suspended, you may not create a new account under any name, whether false or borrowed, or act on behalf of a third party. We also reserve the right to pursue civil, criminal, and injunctive actions as necessary.

Modifications and Interruptions

We reserve the right to:

• Modify, change, or remove Site content at any time without notice.
• Suspend or discontinue the Site or any part of it without liability.

Downtime Disclaimer:
We cannot guarantee uninterrupted availability of the Site. Maintenance, hardware or software issues, and unforeseen errors may cause interruptions.We are not liable for any loss, inconvenience, or damage due to such disruptions.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India. Both parties agree to the exclusive jurisdiction of the courts in India for dispute resolution.

Dispute Resolution

All disputes arising from these Terms or related legal relationships shall be submitted to the courts of India.ProgNXT reserves the right to bring proceedings in the jurisdiction of your residence or, if applicable, your principal place of business.

Corrections

We may correct errors, inaccuracies, or omissions in content at any time without prior notice. This includes changes to descriptions, pricing, and availability.

Disclaimer

The Site and its services are provided on an “as-is” and “as-available” basis, without warranties of any kind, either expressed or implied. This includes, but is not limited to:

• Implied warranties of merchantability, fitness for a specific purpose, or non-infringement.
• Accuracy or completeness of Site content or linked resources.

Limitation of Liability:
In no event shall we, our directors, employees, or agents be liable for:

• Direct, indirect, incidental, special, or punitive damages arising from your use of the Site.
  Our liability will always be limited to the amount paid by you for the service within a 12-hour service delivery period.

Indemnification

You agree to indemnify and hold harmless ProgNXT, its subsidiaries, affiliates, officers, agents, partners, and employees against claims or demands, including legal fees, arising from:

1. Your use of the Site.
2. Breaches of these Terms.
3. Violations of third-party rights, including intellectual property.
4. Harmful acts directed toward other users via the Site.

User Data

We will maintain data transmitted to the Site for performance management. However, you are solely responsible for backing up any data related to your activities. We shall not be held liable for any loss or corruption of your data.

• Electronic Communications and Signatures: By visiting the site, sending emails, and completing online forms, you consent to receiving communications electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically (via email or the site) fulfil legal writing requirements. You also consent to the use of electronic signatures, contracts, orders, and records.
• Miscellaneous: These Terms of Use, along with posted policies or operating rules, form the entire agreement between you and the site. Any failure to enforce rights or provisions doesn't waive those rights. The Terms are enforceable to the fullest extent of the law. The site may assign its rights or obligations to others, and it is not responsible for loss or delays caused by factors beyond its control. If any part of the Terms is found invalid, the rest remains enforceable.
• Contact Information: For complaints or further information regarding the site, users should contact [email protected].