1. Acceptance of Terms
- Acceptance of Agreement
- These terms and conditions (“Terms and Conditions”) control your use of this website (“Website”). In these Terms and Conditions, “PHINCO ELITE” is referred to as the “Company”, “us,” or “we.” “You” refers to a user or a paying customer. If you are a company or another person who gives access to Company products, your access is subject to these terms and conditions.
- If you are accessing the Website from the USA, then PHINCO ELITE Abroad (or applicable entity), will be the contracting party. If you are accessing the Website outside the USA, then PHINCO ELITE India (or applicable entity), will be the contracting party. PHINCO ELITE Abroad and PHINCO ELITE India, collectively referenced as “PHINCO ELITE”.
- This Website, the services made available through the Website and the content therein (the ‘Products’) are owned, operated and maintained, as applicable, by PHINCO ELITE and its group entities. The Website, Products and Content are, collectively, the ‘Company Products’. By (a) using or accessing the Company Products (b) accessing any Course through the Website; You agree to the terms and conditions set forth herein (“Agreement”).
- By using this Website or its Products and Services, you Agree and Warrant that you have read, understood, and agreed to be bound by these terms. Our privacy policy can be found in our Privacy Policy section. If you do not accept these terms, you must not use – and are not authorized to use – all or any portion of the Company Products.
Please read this carefully before you use the services of this Website.
- You should not use this site in an unlawful manner; you must respect the Website Terms and Conditions and follow the Privacy Policy.
- Under no circumstances will PHINCO ELITE be liable for any changes in the content provided on the Website through its products and services, including but not limited to any errors, omissions, loss, or damage experienced in connection with the use of any content made available via our products, services, or various resources such as email, blog posts, etc.
- Our Company Products are available to any user with access to the Internet. However, PHINCO ELITE is not responsible for any charges incurred for the usage of hardware, software, or internet service provider fees. The user is fully responsible for the proper functioning of their computer hardware and internet access.
- You will be required to use login credentials for certain sections of the Website, and PHINCO ELITE reserves the right to block access to its services for any user who does not comply with these conditions.
- We undertake commercially reasonable efforts to ensure that users have uninterrupted access to our services; however, we do not guarantee uninterrupted availability.
- Website Usage Guidelines
- Do not insult, abuse, harass, stalk, threaten, or infringe the rights of others.
- Do not publish, post, distribute, or disseminate any defamatory, infringing, indecent, offensive, or unlawful material or information.
- Do not upload, install, or transfer files that are protected by Intellectual Property Laws or any software that may harm or affect other systems.
- Do not edit PHINCO ELITE’s HTML source code, reverse engineer, or attempt to hack any of our Company Products.
- Do not run spam services, scripts, or any activity that may impact the infrastructure or disrupt other users.
- Do not communicate spam, advertise, or sell unauthorized services such as digital downloads, eBooks, or phishing links through the platform.
- You may not copy, distribute, or plagiarize PHINCO ELITE’s website content or any user-submitted content.
- Do not use or share any content that violates legal, regulatory, governmental, or network operator conditions or codes of practice.
- Links and Hyperlinks Terms
- This Website may contain links to third-party websites. PHINCO ELITE does not control the content of these external websites and is not responsible for their content. These links are provided solely for user convenience and informational purposes.
- You may not mirror or frame the homepage or any other pages of the PHINCO ELITE Website on any other platform. Do not link to our website pages or subpages using spam links or misleading anchor text that may create a false impression.
- Do not use or include any copyrighted material, registered trademarks, or intellectual property such as images, designs, or content as a link to PHINCO ELITE without proper authorization.
- Do not link to or from pages that promote racism, terrorism, or hate speech.
- Do not link to or from pages containing pornographic content or content that violates human or animal rights.
- Do not link to or from pages that infringe upon the intellectual property rights of any third party, individual, or entity.
- Do not link pages to or from content that violates any legal, regulatory, governmental, or network operator conditions or codes of practice.
- User ID and Password
- By using or accessing the Website, you acknowledge and agree that your user ID and password (“Participant Account”) are for your exclusive use only. Sharing your Participant Account with any other user is strictly prohibited and may result in immediate suspension or termination of your access to the Website, Services, Content, and Courseware.
- You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it.
- You agree to immediately notify PHINCO ELITE if you become aware of, or have reason to believe, that there has been any unauthorized use of your Participant Account. You also agree to take all reasonable steps to prevent such unauthorized use and to cooperate with PHINCO ELITE in any investigation related to such incidents.
- PHINCO ELITE shall not be held liable for any claims arising from the use or misuse of your Participant Account due to third-party actions beyond our control or due to your failure to maintain the confidentiality and security of your account.
- Content and Courseware
- As part of the services offered through our Website, PHINCO ELITE grants you access to content, courseware, practice tests, and other materials, including but not limited to audio, video, written, graphic, recorded, photographic, or any machine-readable format related to the specific training program you have enrolled in (“Content and Courseware”). PHINCO ELITE reserves the right to amend, revise, or update the Content and Courseware at any time. In the event of such changes, PHINCO ELITE may require an additional fee to provide access to the updated or revised materials.
- Free Access
- Your access to any of PHINCO ELITE’s free courses is limited to self-learning videos and selected course resources only. Nothing contained herein shall be interpreted as providing unrestricted or unconditional access to all features of the respective courses, which may only be available upon purchase of the full course program.
- Your free access to these courses shall remain valid only for the number of days specified at the time of enrollment and will automatically expire after the mentioned duration. However, PHINCO ELITE reserves the sole right to revoke, modify, or extend free access to any content at any time without prior notice or liability.
- Upon enrollment in free courses, no license or ownership rights are granted to you for resale, reuse, reproduction, redistribution, or republication of any materials for commercial or non-commercial purposes. All materials provided under free access are copyrighted property of PHINCO ELITE or its respective partners and licensors. Any violation of applicable laws or these terms may result in legal action to the maximum extent permitted under law.
- All regular course features, including but not limited to certifications, placement support, assessments, internship opportunities, exam vouchers, and premium resources, may only be available through full-value purchase of the respective course programs.
- Please also review our Privacy Policy carefully. PHINCO ELITE reserves all rights related to granting, restricting, or terminating free access at any time without prior notice.
- Usage of the Website and Services
- PHINCO ELITE grants you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, Services, and the Content and Courseware provided through the Website until the completion of the training program you have enrolled in or until termination of this Agreement in accordance with these Terms and Conditions, whichever occurs earlier.
- You are permitted to access the Website, Services, and Content online and may download, save, or print portions of the Content and Courseware solely for the Restricted Purpose.
- The Services, Content, and Courseware are provided solely for your personal and non-commercial use to assist you in completing the training program you have registered for (“Restricted Purpose”).
- You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, publish, disseminate, modify, or create derivative works from the Content and Courseware, or any portion thereof, through any communication channel or medium, for any purpose other than the Restricted Purpose, without prior written consent from PHINCO ELITE.
- Intellectual Property Rights
- While PHINCO ELITE grants you a limited and non-exclusive right to use the Website, Services, and Content and Courseware for the Restricted Purpose as described in this Agreement, you acknowledge and agree that PHINCO ELITE remains the sole and exclusive owner of the Website, Services, Content, and Courseware, including all Intellectual Property Rights and proprietary rights associated with them. You further acknowledge and agree that, except for the limited right to use the Website, Services, and Content for the Restricted Purpose, nothing in this Agreement grants you any ownership rights, title, interest, or proprietary claim of any kind in relation to the Website, Services, Content, or Courseware provided by PHINCO ELITE.
- Claims of Intellectual Property Violations
- If you believe that your work has been used without your permission in a manner that violates your copyright or intellectual property rights, please provide PHINCO ELITE with the following information and we will take appropriate action: A digital or physical signature of the authorized person acting on behalf of the owner of the copyrighted material. A description of the copyrighted work or intellectual property that you claim has been infringed. A description of where the allegedly infringing material is located on the Website, with sufficient detail for us to identify and locate it. Your contact information, including address, telephone number, and email address. A statement confirming that the information provided by you is accurate and that you are authorized to act on behalf of the copyright or intellectual property owner. You may contact PHINCO ELITE regarding copyright or intellectual property concerns by reaching out to our Help and Support Team.
- Transaction Terms
- To complete any transaction on our Website, you are responsible for making the required payment for that transaction. Please review all payment details carefully, including total charges, applicable taxes, discounts, and any additional fees before completing your purchase. Certain products or services may require acceptance of additional terms and conditions prior to purchase. Invoices for completed orders may be accessed through your account, wherever applicable. PHINCO ELITE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR PROVIDED THROUGH THE WEBSITE. No additional or differing terms contained in any purchase order, communication, document, or transmission shall be binding upon PHINCO ELITE unless expressly agreed to in writing by the Company. PHINCO ELITE reserves the right to modify, reject, cancel, or limit any transaction without prior notice and at its sole discretion, including the right to refuse service to any individual or entity.
- Pricing Disclaimer
- All prices, products, and offers displayed on the PHINCO ELITE Website are subject to change without prior notice. While we strive to provide accurate and up-to-date information, there may occasionally be instances where certain items or services are incorrectly priced due to human error, technical issues, digital image inaccuracies, or pricing data discrepancies. PHINCO ELITE reserves the right to modify prices, offers, or promotional deals at any time due to market conditions, course updates, provider changes, advertising errors, or other business circumstances. However, the price paid by you at the time of successful purchase for any course or service shall remain unchanged. -->
- Usage of Personal Information of Participants
- PHINCO ELITE reserves the right to use your photographs, videos, testimonials, or related materials in promotional content, marketing campaigns, social media, or other branding activities conducted by the Company. We may also use your personal information to communicate updates regarding training programs, certifications, internships, placement opportunities, and other services offered by PHINCO ELITE. However, PHINCO ELITE shall not sell, distribute, or share your personal information with third-party marketing databases or unrelated external entities unless required under applicable law or after appropriate verification and consent procedures.
- Limitation of Liability
- You expressly agree that your use of the website, services, content, and courseware is at your sole risk. PHINCO ELITE does not guarantee that the website, services, or access to content will be uninterrupted, error-free, or completely secure. We do not guarantee the accuracy, reliability, or results that may be obtained through the use of the website, services, content, or courseware. Under no circumstances shall PHINCO ELITE, its affiliates, directors, employees, trainers, partners, or agents be liable for any direct, indirect, incidental, special, consequential, or other damages arising from the use of or inability to use the website, services, or content. This includes, but is not limited to, damages caused by system failures, interruptions, viruses, delays, unauthorized access, data loss, or third-party misuse. You further acknowledge that PHINCO ELITE shall not be responsible for any offensive, defamatory, illegal, or improper conduct of third parties or other users of the website or services. In any event, the total liability of PHINCO ELITE arising out of any claim related to the website, services, or courseware shall not exceed the amount paid by you for the specific training program or service.
- Term and Termination
- PHINCO ELITE reserves the right to suspend or terminate your access to the Website, Services, Content, or Courseware immediately in the event of misrepresentation, misconduct, non-compliance, violation of these Terms, or any breach of your obligations under this Agreement (“Event of Default”). Upon occurrence of any such Event of Default, PHINCO ELITE shall be entitled to exercise all legal rights and remedies available under applicable law, including seeking compensation for any losses or damages arising from such violations. -->
- Indemnity
- You agree to indemnify and hold harmless PHINCO ELITE, its affiliates, subsidiaries, directors, employees, trainers, licensors, contractors, and agents from and against any claims, losses, liabilities, damages, expenses, or legal costs arising out of: Your unauthorized use of the Website or Services Violation of these Terms and Conditions Misuse of Content or Courseware Breach of applicable laws or third-party rights
- Waiver
- Failure or delay by PHINCO ELITE in exercising any right, remedy, or provision under this Agreement shall not constitute a waiver of such rights. No waiver of any provision shall be valid unless made in writing and signed by an authorized representative of PHINCO ELITE. Any waiver of one provision or breach shall not be considered a waiver of any other provision or future breach.
- Severability
- If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable under applicable law, the remaining provisions shall continue to remain valid and enforceable to the fullest extent permitted by law. Such invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the Agreement.
- Governing Law and Jurisdiction
- This Agreement shall be governed by and interpreted in accordance with the laws of India. Any disputes arising out of or related to this Agreement, the Website, Services, Content, or Courseware shall be subject to the exclusive jurisdiction of the competent courts in Hyderabad, Telangana, India.
- Mandatory Arbitration and Dispute Resolution
- PHINCO ELITE and you agree that any disputes, claims, or controversies arising out of or relating to the Website, Services, Content, or Courseware shall first be attempted to be resolved amicably through mutual discussion and resolution procedures. If such disputes cannot be resolved amicably, PHINCO ELITE reserves the right to pursue legal remedies, arbitration, or other dispute resolution mechanisms as permitted under applicable laws of India.
- DND / Communication Consent Clause
- By registering on the PHINCO ELITE Website, submitting your contact details, enrolling in any course, or using our Services, you expressly authorize PHINCO ELITE and its representatives to contact you through phone calls, SMS, WhatsApp messages, emails, or other communication channels regarding course information, counseling sessions, updates, promotional offers, placement assistance, events, and related services. You acknowledge and agree that such communication may be made even if your phone number is registered under Do Not Disturb (DND), Do Not Call (DNC), or National Customer Preference Register (NCPR) services. You may opt out of promotional communications at any time by contacting PHINCO ELITE support or by following the unsubscribe instructions provided in such communications.
- Grievance Redressal
- In case you have any concerns, complaints, or queries regarding the Website, Services, Content, or Courseware, please reach out to our Grievance Officer. PHINCO ELITE will make all reasonable efforts to address and resolve your concerns at the earliest possible time. You may contact us at: Grievance Officer: Manuj Email: info@phincoelite.com