General Terms and Conditions.
These General Terms and Conditions (the “GTCs”) apply to the training cum placement program (“Program”) extended/to be extended by Refactor Academy Private Limited to the Participant and should be read together with other Program documents.
The GTCs together with the other Program Documents shall commence and be effective on and from the Course Commencement Date and shall continue until terminated in accordance with the terms and conditions of the Program Documents and provided that all Owed Amounts have been irrevocably and unconditionally paid in full to the Company, to the satisfaction of the Company.
The GTCs, the MITC and any other terms and conditions, information or guidelines issued by the Company from time to time in connection with the provision of the Program, define and govern the relationship between the Company and the Participant, and shall be binding upon the Participant. The Participant shall keep itself updated about the latest applicable terms and conditions in relation to the Program.
Rights of the Platform.
Participants unconditionally and irrevocably understands that the Company shall ay all time has the right to:
manage and process all aspects of the arrangement, including but not limited to monitoring the Participant’s earned income in the Participants Bank Account;
process payments, and performing reconciliations;
assign or transfer (in full or in part), to any financial institutional its rights and obligations under this agreement/arrangement to the third party financial institution.
Representation, Warranties and Covenants of the Platform.
The Participant irrevocably and unconditionally provides the following representation, warranties and covenants:
that the Participant is entering into this Agreement in good faith and agrees to fulfil its obligations including payment of Owed Amounts as and when due;
all the information provided to Company is true and accurate;
that the Participant is an Indian citizen or a permanent resident or have an Aadhar number and the legal right to work in India;
Participant shall maintain minimum 95% attendance for all the classes/sessions/workshops and submit all assignments/projects on time failing which the Participant may be asked to withdraw from this training program;
Participant will make reasonable and good faith efforts to perform during the training;
that the Participant will make reasonable and good faith efforts to seek employment immediately following completion of the Program and during all times during the Payment Term that the Participant is unemployed or his/her earned income less than the Minimum Monthly Amount;
during the Payment Term, timely report to Company any changes in employment status;
during the Payment Term, Participant will not conceal, divert, defer or transfer any Monthly Earned Income (including but not limited to any non-cash consideration, deferred compensation rights granted) for the purpose of avoiding or reducing payment obligation or otherwise;
timely and fully provide all information and documentation required;
that during the Payment Term file all tax returns and reports as required by law, which shall be are true and correct in all material respects;
keep accurate records relating to earned income for each year during the Payment Term, including any invoices or payments relating to self-employment services provided (if any);
retain all such records for a period of at least one (1) year following the date of payment of Owed Amounts.
Ancillary Rights and Obligations of the Participants.
At the sole discretion of the Company, the Participants shall also have the following rights and obligations:
To withdraw authorization of preauthorized electronic funds transfers: The Participant is required to provide at least three (3) days’ notice prior to a scheduled payment to withdraw his/her authorization, as long as the same is paid via credit card or any other acceptable modes as determined by the Company. Due to certain unavoidable circumstances, if the Participant believes that he/she will be unable to pay the installment of the Owed Amount through acceptable modes of transfer as detailed in the MITC, the Participant may contact the Company and request for a reasonable alternative method of payment of Owed Amount.
If the Participant moves out of India during the Payment Term, the Participant will continue to report and pay the Income Share of Monthly Earned Income.
To assert a waiver of the Owed Amount due to any unfortunate instance of permanently disability, the Participant will be required to provide necessary documentation as may be required by the Company.
Acknowledgement and Confirmation of the Participants.
Participant acknowledges and agrees that the MITC and GTC have been voluntarily agreed, and further agrees to comply with the same.
That is Participant is of legal age to enter into the Program;
The Participant has had the opportunity to read the MITC and GTC and to review its terms and conditions with my legal and financial advisors of my choosing;
That the Company is not an agent or fiduciary or advisor of the Participant;
That Company has not and will not in future provide any legal, accounting, investment, regulatory or tax advice;
That Company has not made any promises or assurances other than as set out in the MITC or GTC.
Confidentiality and Processing of Participants Information.
The Participant shall, except to the extent required under Applicable Law, maintain complete confidentiality about the matters concerning the Program Documents. The Participant acknowledges that the information provided by the Participant shall be collected, processed and stored in accordance with the privacy policy of the Company available at [ ]. Company shall use and maintain commercially reasonable security controls so as to prevent any unauthorized access to or use any personal and confidential information of the Participant.
No waivers.
No delay or failure on the part of either Party to require performance of any provision shall constitute a waiver of that provision as to that or any other instance.
Amendment.
The terms and conditions may be varied, amended or modified only with prior written approval of the Company.
Survival of Provisions,
The terms and provisions that by their nature are intended to survive the termination hereof shall so survive.
Severability.
If any provision is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted or omitted, that provision shall be deemed to apply with such deletions or omissions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction or any other regulatory or governmental authority holds any of the provisions unlawful or otherwise ineffective, the remainder of the terms shall remain in full force and the unlawful or otherwise.
Entire Agreement.
These terms along with the MITC constitutes the entire Agreement and understanding between the Parties, and supersedes any previous agreement or understanding or promise between the Parties, relating to the subject matter.
Governing Law and Jurisdiction.
The Program Documents shall be governed by the laws of India and courts at Bangalore shall have exclusive jurisdiction in the event of a dispute.