For purchases via our website, by clicking on the “Accept” button you agree to the terms of
this agreement which will bind you. If you do not agree to these terms and conditions you
must cease to continue to purchase any Services from us.
As per our business model, we offer courses based on the subscription.
However, in case of any disputes, you agree to resolve the dispute in mutual
understanding without any legal court case. “CAPS Quality Management
services” total liability arising from or in connection with these terms and
conditions and in relation to anything which we may have done or not done in
connection with these terms and conditions and the delivery of the Service
(and whether the liability arises because of breach of contract, negligence or
for any other reason) shall be limited to the Fees received by us in connection
with the relevant Online Course or Taught Course in relation to which a
dispute has arisen.
1. Definitions
“Confidential Information” means information provided by one party to the other in
written, graphic, recorded, machine readable or other form concerning the business,
clients, suppliers, finances and other areas of the other party’s business or products,
including, without limitation, the Course Materials, but does not include information in
the public domain other than through the default of the party disclosing the
information, information required to be disclosed by any court or regulatory authority,
or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by “CAPS Quality Management
services” to accompany a course provided as part of the Services in hard copy or
electronic form.
“Fees” means the fees paid by you to “CAPS Quality Management services”for the
Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases,
patent rights, performers’ rights, designs and registered designs, trademarks, rights
in or relating to Confidential Information and other intellectual property rights
(registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you
learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course
and/or the Course Materials together with such other services as agreed from time to
time and purchased by you through the Website.
“Taught Course” means a course taught by us in a classroom setting to which you
attend in person.
“Website” means www.capsqms.com
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will
begin are available on our website. We will provide the Services with reasonable
care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the
Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your
needs. We do not make any guarantee to you that you will obtain a particular result,
professional qualification or employment opportunity from your purchase and
completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account
with us via the Website. If you already have an account with us you can log into your
account using your user name and password.
3.2. When you place an order for a Service via the Website, or telephone you are
offering to purchase the Services on these terms and conditions. “CAPS Quality
Management services” reserves the right to cancel or decline your order or any part
of your order at any time until it has been confirmed.
3.3. Following receipt by us of your order for Services via the Website or on the
telephone we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence
when we have:
(a) accepted your offer to purchase Services from us by sending you an email
confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5
below.
3.5. Where your order consists of multiple Online Courses or multiple Taught
Courses, each individual course will be treated by us as a separate offer to
purchase. Acceptance of your offer to buy one or more courses will not be
acceptance by us of your offer to purchase any other courses which make up your
order.
3.6. “CAPS Quality Management services” does not and is not responsible for
booking any examination with any professional body or examination board. It is your
responsibility to ensure that you book prior to the relevant closing date any exam
necessary that you wish to take and which may or may not be associated with the
subject matter of the Services provided to you by “CAPS Quality Management
services”.
4. Payment, Credit & Refunds.
4.1. If you have purchased an Online Course and have already accessed,
downloaded all or part of the Online Course and/or started to use that Online Course
then you shall have no right to cancel your order.
4.2. We works with payment service providers to offer you the most convenient
payment methods in your country. If payment methods fail, you have to pay the fees
within 24 hrs of notice received from CAPSQMS.
4.3. Once you purchase the course, there will be no refund unless any technical
issues from CAPSQMS webpage regarding the course access.
4.4. In case of payment failure due to payment gateway service provider or bank
related issues, payment refunded to your account as per payment gateway service
providers refund policy.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website or as told to you
over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are
exclusive of GST or other local taxes, the cost of some Course Materials and any
delivery costs payable in respect of the delivery of Course Material to you. Each of
these costs will be set out in the Website.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be
exclusive of any amounts payable to any professional body for registration and
examination entry. These are payable by you directly to the relevant professional
body or examination board and we accept no responsibility or liability for your failure
to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the
telephone shall be debited from your credit / debit card at the time of purchase.
Fees must be paid in full prior to you attending any Taught Course or accessing any
Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your
purchase of Services are for your own account and “CAPS Quality Management
services” shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your
attendance at any Taught Courses or your access onto any Online
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended
to be, nor should it be taken to be, the provision of investment advice.
6.2. Although “CAPS Quality Management services” aims to provide the Services to
the highest standards of the industry, neither it, nor its trainers accept any liability for
(i) any inaccuracy or misleading information provided in the programmes or Course
Materials and any reliance by Client on any such information, (ii) any loss or
corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect,
special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and
conditions, no conditions, warranties or other terms shall apply to the Services. no
implied conditions, warranties or other terms apply (including any implied terms as to
satisfactory quality, fitness for purpose or conformance with description).
6.4. “CAPS Quality Management services” total liability arising from or in connection
with these terms and conditions and in relation to anything which we may have done
or not done in connection with these terms and conditions and the delivery of the
Service (and whether the liability arises because of breach of contract, negligence or
for any other reason) shall be limited to the Fees received by us in connection with
the relevant Online Course or Taught Course in relation to which a dispute has
arisen.
6.7. No claim may be brought more than six months after the last date on which the
Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the
speeches made by trainers at the Taught Courses are, and remain, the intellectual
property of “CAPS Quality Management services” or its licensors, whether adapted,
written for or customised for the Client or not.
7.2. You are not authorised to: –
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post,
transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online
Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether
given by us or any third party trainer;
(iv) remove any copyright or other notice of “CAPS Quality Management services” on
the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save
to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms
and conditions with you and cease to provide you with any Services, including but
not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-
transferable, non-exclusive licence to use the Course Materials and the software in
respect of the Online Course for the sole purpose of completing the Online Course
and / or attending the Taught Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly
confidential and not use it otherwise than for the purposes of these terms and
conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors
for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and
conditions.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to
provide you with any Services with immediate effect in the event that you:
a. fail to pay when due your Fees;
b. act in an aggressive, bullying, offensive, threatening or harassing manner
towards any employee of “CAPS Quality Management services”, any teacher
or lecturer who provides the Taught Courses or any student who attends any
Taught Course;
c. cheat or plagiarise any work which you are required to prepare or submit in
connection with the Services or during any examination taken in connection
with the Services;
d. steal or act in fraudulent or deceitful manner towards us or our employees or
any other students who may be on our premises or attending our Taught
Courses;
e. intentionally or recklessly damage our property or the property of our
employees or other students attending our premises;
f. are intoxicated through alcohol or illegal drugs while on our premises;
g. commit any criminal offence committed on our premises or where the victim is
our employee or student;
h. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8
(confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you
and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company
without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course
Specific Terms and Conditions are the entire agreement between the parties and
supersede any prior agreements and arrangements, whether written or oral. You
confirm that you have not relied on any representations in entering into these and
any other terms and conditions with us. Nothing in this clause or terms and
conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
“CAPS Quality Management services” shall not be liable to you for any breach of its
obligations or termination under these terms and conditions arising from causes
beyond its reasonable control, including, but not limited to, fires, floods, earthquakes,
volcanoes and other Acts of God, terrorism, strikes, delay caused by transport
disputes, failure to provide a course caused by a death in the trainer’s family, illness
of the trainer, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third
party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and
disclose (together "Use") certain information about you ("Data").
This statement sets out the principles governing our Use of Data. By purchasing the
Services, you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your
contact details and demographic information. We will store this Data and use it to
contact you, provide you with details of the Services you have purchased and
otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response
to surveys, to aggregate user profiles and, unless you click on the relevant button on
the Registration Form, provide you with communications. We will not pass any
personal data onto anyone outside of “CAPS Quality Management services”,
14.3 To enable us to monitor and improve our Services, we gather certain
aggregated information about you, including details of your operating system,
browser version, domain name and IP address, the URL you came from and go to
and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to
enable us to identify whether you are using our services, assist with the provision of
services and to ensure that you have access to relevant products. We will only read
cookies from your cookie file placed there through your web browser's interaction
with the Website.
14.5. Our products may link to third party websites and we are not responsible for
their data policies or procedures or their content.
4.6. “CAPS Quality Management services” endeavour to take all reasonable steps to
protect your personal Data , but cannot guarantee the security of any Data you
disclose. You accept the inherent security implications of being and transacting on-
line over the internet and will not hold us responsible for any breach of security.
14.7. “CAPS Quality Management services” may supplement the information that
you provide with information we receive from third parties, such as exam registration
bodies or your employer.
15. Law and Jurisdiction
This Agreement is subject to Indian law and the parties submit to the exclusive
jurisdiction of the Indian courts in connection with any dispute hereunder.
16. Notices
You can contact us by any of the following methods:
Email: priya@capsquality.com
D5, Gulmohor park Society, Sector 15 A, New Panvel
Navi Mumbai, Maharashtra , India – 410206
