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Capri4physio is a registered trademark of Capri Healthcare & Research Institute, Pvt Ltd. and CAPRI INSTITUTE OF MANUAL THERAPY is a unit of Capri Healthcare & Research Institute, Pvt Ltd. and all its sister concerns, subsidiaries, partners, instructors, presenters hereafter, mentioned as Capri4physio in documents below.Capri4physio’s products and services are provided by CAPRI INSTITUTE OF MANUAL THERAPY (A unit of Capri Healthcare & Research Institute, Pvt Ltd). These Terms of Use (“Terms and conditions”) govern your use of Capri4physio’s website, apps, and other products and services. As some of our Services may be software that is downloaded to your desktop, laptop, server, computer, phone, tablet, or other devices, you agree that we may automatically update this software and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Capri4physio

Who May Use our Services

You may use our Services only if you can form a binding contract with Capri4physio, and only in compliance with these Terms and all applicable laws. When you create your Capri4physio account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 21 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access and view our copyrighted E-course and any associated materials solely for your own personal and non-commercial use for a limited time duration, as mentioned in each course. You may download content from our Services only for your personal, non-commercial use unless you obtain Capri4physio’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Capri4physio, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Content Offerings

Changes to Content Offerings

Capri4physio offers courses and content from Capri Institute of Manual Therapy and other providers. While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Capri4physio reserves the right to cancel, interrupt, re-schedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offering does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing Content Offerings unless you are a qualified physiotherapist from a recognized university and have earned a Course Certificate or other equivalent documentation of your completion of the Content Offerings. Capri4physio, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

Disclaimer of Student-Partner Relationship

Nothing in these Terms or otherwise with respect to your participation in any Content Offerings by university or company partners: (a) establishes any relationship between you and any Partner; (b) enrolls or registers you in any Partner institution, or in any Content Offering offered by any Partner institution, or (c) entitles you to use the resources of any Partner institution beyond participation in the Content Offering.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with Capri4physio, instructors, and/or other users. You retain all intellectual property rights in and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the Capri4physio platform by or on behalf of Capri4physio’s Content Providers or their instructors using the Services, the Content Offerings; as between Capri4physio and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Capri4physio and its Content Providers.

How Capri4physio and Others May Use User Content

To the extent that you provide User Content, you grant Capri4physio a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Capri4physio the right to authorize Partners to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Capri4physio may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services. By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Capri4physio does not waive any rights to use similar or related Feedback previously known to Capri4physio, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Capri4physio cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing to support@capri4physio.com.

Third-Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Capri4physio cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Capri4physio disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy

Capri4physio respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Capri4physio Copyright and Trademark Policy in accordance with applicable law, in India.

Education Research

Capri4physio is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from Capri4physio

Capri4physio offers paid Services (e.g., Course Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in Indian Rupees. You are responsible for paying all fees charged by or for Capri4physio and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Capri4physio reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds will not be applicable as described in our Refund Policy. Capri4physio’s partners serve as the distance education providers of these programs and determine admissions, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our partner in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent, there is a conflict between such policies and these Terms, as, between you and our partner, our partner’s policies shall govern.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Capri4physio may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Capri4physio, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE CAPRI4PHYSIO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE CAPRI4PHYSIO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CAPRI4PHYSIO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE CAPRI4PHYSIO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL CAPRI4PHYSIO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TOTAL AMOUNT OF FEES RECEIVED BY CAPRI4PHYSIO FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST ONE WEEK.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CAPRI4PHYSIO PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO CAPRI4PHYSIO’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the Capri4physio Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Capri4physio, which is in Delhi, India. You agree that any dispute related to these Terms will be governed by the laws of the Government of India, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the Delhi state courts located in and serving Delhi, India as the legal forum for any such dispute. In case of any dispute, all legal matters are to be settled under Delhi Jurisdictions only.

to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, appointed by Capri4physio. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone.  In case of any dispute, all legal matters are to be settled under Delhi Jurisdictions only. Any judgment rendered by the arbitrator will be non-challengeable and will be binding on both the parties.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, you are advised to see the terms and conditions on our website from time to time. Though we may take reasonable steps to notify you of such changes, via a banner on the website, another method, or combination of methods, Capri4physio does not hold any responsibility to inform any user in person. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Content Providers

Capri4physio’s Content Providers and integrated services providers are third-party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Refund Policy

All sales are final for online courses. No refunds are issued for online courses once a sale is completed. The supplies and props used for any exercises instructed are not included in the purchasing price of the E-course. No course’s amount will be refunded, in any case, whatsoever, it may be, once the course has been purchased.

Honor Code

All students participating in the class must agree to abide by the following code:

  1. I will register for only one account.
  2. My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
  3. I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
  4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Referenced Policies

Acceptable Use Policy
Copyright and Trademark Infringement Policy
Refund Policy
Honor Code

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