KICEM (Kanix Institute Of Construction Engineering & Management) Privacy Policy
This Privacy Policy was modified on 1st January 2020.
These Terms & Conditions (“Terms”) of use of our website Highrise.com, our application (“Site”) and products or services (including courses/classes/sessions) in connection with the Site (sometimes herein referred to as “Services”) are between Kanix Infotech Pvt. Ltd./Highrise Learning Centre (“Academy/We/Us/Our”) and its users (“User/Student/You/Your/Yourself”).
Your use/access of the Site and Services through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same. If you do not agree with the Terms or the Privacy Policy, please do not use the Site or avail Our Services.
Please be sure to review these Terms regularly for any updates/changes/modifications (“Revisions”). Your continued use of Our Site following the Revisions shall mean that You accept and agree to the Revisions. Subject to Your strict compliance with these Terms and any other policies laid down by the Academy, We grant You a personal, non-exclusive, non-transferable, limited license to access and use the Site.
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under, as applicable. This electronic record is generated by a computer system and does not require any physical or digital signature.
The use of Our Site and Services is subject to the following terms of use:
- Our Site, offers online courses/sessions/classes in specific area of construction. Highrise Learning Centre is a Kanix Infotech’s initiative towards providing learning platform for construction management, processes, practices, documentation & Highrise ERP in interactive video format. Our Site also hosts a lot of Practice assignments, use cases, and Sample Documents. The Academy at its own discretion may conduct periodic tests/examinations to assess performance. The Academy reserves its right to cancel or reschedule any course/session/class or modify its contents at any time at the Academy’s sole and absolute discretion. For some courses, subject to Your satisfactory completion of the course as determined by the Academy’s teachers and/or senior teachers, You may be awarded a Certificate of Completion. The format of such Certificate shall be determined by the Academy. You acknowledge that Certificate of Completion and our courses do not convey any academic credit. Our courses do not stand in the place of courses of accredited universities/colleges.
- In order to access Our Services, You shall be required to register Yourself with Our Site/s, and maintain an account with Our Site/s (“User Account”). With respect to the User Account, the following may be noted:-
- You hereby agree that You shall be responsible for maintaining the security and confidentiality of Your User Account and password and for all activities that take place under Your User Account.
- If there is any unauthorized use/access to Your User Account, You shall inform Us immediately and in no event later than 48 hours from the time when You became aware of such unauthorized use/access at Our helpline number or email mentioned in the Contact Us section of this website. We shall not be liable for any loss/damage arising from Your failure to comply with this clause.
- You agree that if You provide any information which is false, incomplete or not updated or if We have reasonable ground to suspect that information provided by You is false, incomplete or not updated, or is not in accordance with the Terms, We shall have a right to suspend, terminate or restrict Your access to Our Site. The period of suspension, termination or restriction shall be determined by Us, at Our sole discretion.
- iv) You acknowledge that Your ability to use/access Our Site is dependent upon external factors such as internet service providers and internet network availability. The Academy cannot guarantee uninterrupted accessibility to the Site and/or Services at all times. The Academy shall not be liable to You for any damages, losses or costs arising from Your inability to log into Your User Account and access Our Services at any time.
- The Academy may, based on any form of access to the Site, contact the User through registered mobile number or e-mail provided by the User, to give information about its Services as well as notifications on various important updates and/or to seek permission for demonstration (in the form of demo class) of its Services. The User expressly grants such permission to contact him/her through registered mobile number or e-mail. By registering Yourself on Our Site, You agree to make Your contact details available to Our employees, associates and partners so that You may be contacted for Our Services through SMS, email, call etc.
- Upon registration on Our Site, the Academy may contact You through registered mobile number or e-mail provided by You to enable effective execution of Services. The User expressly permits the Academy to contact him/her through the above mentioned means at any time post registration. Further, the Academy shall have the right to monitor the downloads (if allowed) and usage of the Site and the contents thereof by the User, to analyze such usage to enable effective and efficient utilization of the Services. As a User of the Services, You expressly permit the Academy and its affiliated teachers to address Your queries or any issue that You may have with Our Services, evaluate Your progress, receive feedback from You or communicate with You.
- You may use information available on the Site, including video recordings, video and audio representations and teaching materials etc. (“Information”) for downloading or taking printouts only for Your personal, non-commercial purpose. Any use of the Site and/or Services for other than personal purposes is strictly prohibited. Your personal and non-commercial use of the Site/ Services shall be subjected to the following restrictions
- You agree that You will not use the Site/Services in any way that is unlawful and harms the Academy and its affiliates in any way.
- You will not reverse engineer any portion of the Site or take any action that may interrupt with proper functioning of the Site.
- You will not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, transfer, or sell Information or software obtained from the Site.
- You will not host, display, upload, modify, post, publish, transmit, update or share any information which-
- a. belongs to another person and to which You do not have any right;
- b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- c. is false and/or misleading in any way;
- d. infringes upon or violates any third party rights, including, but not limited to, intellectual property rights, rights of privacy or rights of publicity;
- e. tries to gain unauthorized access to the Site or to profiles, blogs, communities, account information or other areas or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- f. interferes with another User’s use and enjoyment of the Site;
- g. violates any law for the time being in force;
- h. contains viruses, malware, any destructive/malicious code, spams, corrupted files or any software which may potentially damage the Site
- i. violates, abuses, or exploits any of the Terms for the use of the Site.
- You may post/upload content including any text, data, information, images, photographs, sound, video or any other material (“Material”) on the Site. By posting/uploading Material on the Site, You grant the Academy a non-exclusive, royalty-free license to use, copy, reproduce, modify, publish, transmit and display the Material for promotional and advertising purposes. You are solely and entirely responsible for anything that you post/upload on the Site. You agree to accept responsibility for all activities that are carried out under Your name through Your User Account even when certain content is posted by others through Your name and/or User Account, with or without your knowledge of such post. We shall not be liable to You in any way or in relation to the contents of or otherwise in connection with, our Site.
- Fees for enrolment to Our courses/sessions/classes are mentioned on Our Site. In some courses, You may have an option to enroll for additional services (e.g Certificate of Completion, premium videos etc.) for a fee. Unless specified otherwise, all prices are in Indian Rupees. The Academy reserves its right to change the prices or offer any discount on its courses/sessions/classes at its sole and absolute discretion. Payment once made shall not be refunded.
- You agree to indemnify and hold harmless, the Academy and its partners, officers, employees, agents and affiliates, harmless from all claims, demands, disputes, losses, damages, liabilities, costs or expenses whatsoever of third parties due to or arising out of Material You submit, post, upload, transmit or make available through Our Site, misuse/unauthorized use of Your User Account, your violation of the Terms or Your violation of any rights of any third party.
- You expressly understand and agree that:
- Your use of our Site is at your entire risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose.
- We specifically disclaim any warranty that (i) Our Site will meet your requirements, (ii) Our Site will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through our Site will meet your expectations. We disclaim any responsibility for any errors and accuracy of the information that may be contained in the Application.
- You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses whether based on contract, tort or strict liability, or otherwise, resulting from: (i) the use or the inability to use Our Site; (ii) the cost of procurement of Services resulting from any data, information or online services purchased or obtained or messages received or transactions entered into through or from Our Site; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the web site; or (v) any other matter relating to our Site.
- You hereby agree that any Information downloaded or otherwise obtained through Your use of the Site is done at Your own risk and that You will be solely responsible for any damage to Your computer system/mobile phone including loss of data or effect on the processing speed that results from Your use of the Site/Services.
- You agree that the Site may be modified, updated, interrupted, suspended or discontinued by Us at any time without giving prior notice and without Us incurring any liability with respect to the same.
- We may suspend or terminate Your use of Our Site or service if we believe, in our sole and absolute discretion, that you have breached, violated, abused, or unethically manipulated or exploited any of these Terms. Notwithstanding anything contained in this clause, these Terms will survive indefinitely, unless we choose to terminate them.
If you or The Academy terminates your use of the Site or any of Our Services, we may delete, remove or discard any content or other material in connection with Your use of Our Site and Services and we shall have no liability to You or any third party in doing so.
- You acknowledge and agree that the Academy owns all Intellectual Property Rights in ideas, discoveries, inventions, designs, trade secrets, innovations, recording whether audio or video representations, teaching material, information, content or the like, and any improvements thereto contained in the Site and/or Services. The Academy owns all Intellectual Property Rights in its Site, including, without limitation, any and all rights, title and interest in copyright, related rights, trademarks, trade names, service marks, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, replicate, reproduce, copy, sell or distribute any content from our Site and/or Services without obtaining authorization in writing from_______________________ [our legal department].
- You acknowledge and agree that our Site including all course materials and content provided by us, our instructors, and/or third parties for the Academy’s online classes/sessions/courses/ contain Confidential and Proprietary Information that is protected by applicable Intellectual Property and other laws. You hereby agree not to modify, sell, distribute or create derivative works based on our Site and/or the teaching material and content, in whole or in part. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership of Intellectual Property for your Material.
- Registration to our Site does not automatically entitle the User to any and all elements of Services provided by the Academy. The Academy shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, withdraw or modify any of Our Services at Our discretion. We reserve the right to change Our teachers/mentors from time to time without assigning any reasons or providing any notice.
- Persons who are competent to contract within the meaning of the Indian Contract Act, 1872 shall be eligible to use Our Site/Services. Persons who are minors, un-discharged insolvents etc. are not eligible to use Our Site/Services. As a minor, if you still wish to use our Site/ Services, such use shall be made available to You by Your legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of Our Services that may occur by virtue of any person including a minor using the Services provided. By using the Services, You warrant that all the data provided by You is accurate and complete and that you have obtained the consent of parent/legal guardian (in case of minors). The Academy reserves its right to terminate Your subscription and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 18 years and the consent to use the Services is not made by your parent/legal guardian or any information provided by You is inaccurate.
- The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Pune and You hereby accede to and accept the jurisdiction of such courts.
- In case of any disagreements/disputes arising pursuant to these Terms, the dispute shall be settled in accordance with the relevant provisions of and the procedure prescribed by the Information Technology Act, 2000. Any and all disputes in respect of which the Adjudicating Officer under the Information Technology Act, 2000 or the Cyber Appellate Tribunal, as the case may be, do not have exclusive jurisdiction, shall be referred to Arbitration. In case of arbitration, the proceedings will take place according to the provisions of the Arbitration & Conciliation Act, 1996. The venue for arbitration will be Pune and the preferred medium for arbitration will be English. A sole Arbitrator shall be appointed upon mutual agreement between us for the proceedings. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then You and Us will nominate our respective arbitrators, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal. The cost of arbitration shall be borne equally between You and Us.>
- In case you have any query or grievance regarding these Terms, you may contact us at
E-mail: contact@kicem.com
