Terms of use
1. Acceptance Of The Terms Of Use
Ahead LMS (“we”, ”our” or “us”) provides its Services to Customer (“you” or “your”) through its Website located at aheadlms.com (the “Website”), subject to these Terms. These Terms of Use govern your access to and use of Ahead LMS, including any content, functionality, and services offered on or through Ahead LMS.
Please read the Terms of Use carefully before you start to use the Website. By accessing or using the Website and Ahead LMS platform you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and/or Ahead LMS platform.
You acknowledge that these Terms constitute an agreement between you and us, even though it is electronic and is not physically signed by you and us, and that these Terms govern your use of the Service and supersede any other agreements between you and us.
2. Description Of Service
The “Service” includes the Website and services provided to you through our the Website including all software, data, text, images, sounds, videos, and other content made available through the Website (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
3. General Conditions
This Website and all content in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Ahead LMS’s prior written consent. This permission is conditioned on your not modifying the content displayed on this Website, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Website.
Your failure to comply with the terms, conditions, and notices on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
4. Data Privacy And Security
In providing you the Service, we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data. These safeguards include, where applicable, encryption of your data in transmission (using SSL or similar technologies), except for certain external third party integrations that do not support encryption, which you may link to the Service at your choice.
You agree that we can access your account information in order to respond to your service requests. We will not disclose such data except if compelled by law, permitted by you, or pursuant to the terms of the our Privacy Policy, which is incorporated by reference into these Terms.
You are fully responsible for the security of the data on your Website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information on your Website or through your app.
Ahead LMS is responsible for securing the storage, transmission, and processing of Payment Data that flows through its systems.
5. Intellectual Property Rights
All material available on the Website and all material and services provided by or through Ahead LMS, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof, are owned by us or our licensors or service providers, and are protected by copyright and other intellectual property laws.
6. Third Party Information
Although Ahead LMS monitors the information on the Website, some of the information is supplied by independent third parties. While Ahead LMS makes every effort to insure the accuracy of all information on the Website, Ahead LMS makes no warranty as to the accuracy of any such information. If you decide to leave the Website and access any Third Party links, you do so at your own risk.
7. Pricing, Subscription Plans And Payments
You agree to pay all Fees in accordance with the Subscription Plan you selected. You may not withhold payment or claim any right of set-off without prior written consent. The fees shall be billed in advance for each month and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Services.
We reserve the right to change our pricing rates at any time. Ahead LMS will give you thirty (30) days prior notice, generally via email. You will be liable to pay such modified pricing rates.
8. Term And Renewal
Subject to your payment of applicable fees, we will provide the Services to you for the period of time that you have paid for such Services, on the basis under which you have selected your Subscription.
We reserve the right to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) and refuse any/all current and future use of the Service, suspend or terminate your account if we believe that you have violated these Terms. We will use commercially reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of your use of Service, and may be referred to law enforcement authorities. You agree that we are not be liable to you, or any third party, for any modification, suspension or discontinuation of the Service.
9. Warranty Disclaimer
Warranties. The Websites and the service, including all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by applicable law, and Ahead LMS expressly disclaims any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
Disclaimer. Except as expressly provided herein, neither party makes any warranties of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. Each party disclaims all liability for any harm or damages caused by any third party hosting providers.
10. Limitation Of Liability
Under no circumstances shall Ahead LMS be liable for any incidental, special, consequential, exemplary, multiple or other indirect damages that result from the use of, or the inability to use, this Website or the information contained on this Website. In no event shall Ahead LMS’s total liability to you for all damages, losses, and causes of action resulting from your use of this Website, Whether in contract, tort (including, but not limited to, negligence) or otherwise.
Ahead LMS is not responsible for any liability arising out of content provided by you, end users or a third party that is accessed through the platform and/or any material linked through such content.
11. Indemnification
You agree to defend, indemnify and hold harmless Ahead LMS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Websites content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
12. Assignment
Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify you of such changes and direct you to the latest version.
13. Severability
If any provisions of these Terms are held to be unenforceable, illegal or void in whole or in part the remaining portions of these Terms shall remain in full force and effect.
14. Restrictions
You shall not: permit any third party to access the Ahead LMS except as permitted herein;
create derivative works based on the Ahead LMS except as authorized herein;
copy, frame or mirror any part or content of the Ahead LMS;
remove any proprietary notices within the Ahead LMS;
or access the Ahead LMS in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Ahead LMS.
15. Relationship Of The Parties
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
16. Survival
For avoidance of doubt, any provisions of the Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of the Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of the Agreement.
17. Applicable law and dispute resolution
These Terms are interpreted, construed and governed exclusively in accordance with the laws of India, without reference to its choice of law rules.
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Indian Chamber of Commerce by one (1) arbitrator. The arbitration shall take place in Jodhpur, India and the language to be used in the proceedings shall be English.
Last updated on November 24th, 2021.