Magicmarks Course terms and conditions
These Terms and Conditions apply to the sale of any Course if you purchase a Course via the Website. Please read these Terms and Conditions carefully before purchasing a Course and print off a copy for your records. DRAGONFLY will not file or otherwise keep a copy of the agreement concluded between you and DRAGONFLY and a copy of the concluded agreement will not be available from DRAGONFLY at a future time and date. By ordering a Course, you are confirming your agreement to be bound by these Terms and Conditions.
The term ‘You’ or ‘User’ or ‘Client’ refers to a person who must be 18 years of age or older to register and must be a citizen of India and residing in India. If you are under the age of eighteen (18) as of the date of registration you must have his or her parent or legal guardian’s permission to register.
By visiting, registering, and using DRAGONFLY or accepting this Agreement, you represent and warrant to DRAGONFLY that you are 18 years of age or older, and that you have the right, authority and capacity to use DRAGONFLY and the Courses available through DRAGONFLY, and agree to and abide by this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
d@dfe.co.in is managed, controlled and operated by Dragonfly Education Private Limited whose registered office is, B1, First Floor, Sector-60, Noida, UP-201301 (“DRAGONFLY”).
1. Definitions
1.1 "Additional Charges" means any amounts payable which are not Fees and may include, but are not limited to, payment for the delivery of Study Materials, any renewal fees which DRAGONFLY may charge from time to time if applicable, amounts payable to the professional body for student/delegate registration, and any import duties, taxes and customs clearances which may be payable;
1.2 "Course" means an Course which is purchased by you;
1.3 "Fee" means the fee payable for the Course and shall include any VAT payable but excludes Additional Charges;
1.4 "Course" means an course which does not have a predetermined start date and is available for study by you immediately following subscription or delivery by DRAGONFLY;
1.5 "Outbound Delivery Charges" means the postal charge incurred by you for the delivery of any Study Materials to you;
1.6 "Study Materials" means, but is not limited to, Distance Learning Materials, pen drive, CD Rom;
1.7 "Website" means www.magicmarks.in and "you" means the individual purchasing the Course.
2. Ordering Procedure
2.1. In order to purchase a Course via the Website you must register for an online magicmarks account via the Website. If you already have an online magicmarks account, you can log onto your account using the user name and password that you were provided with when you registered.
2.1.2. When purchasing a Course via the Website, you can change your order at any time up to the point at which you click the “Pay Now” button.
2.2 Your order will be subject to acceptance by DRAGONFLY of your offer to purchase in accordance with Clause 2.3 below.
2.3 Where your order consists of multiple Courses, each individual Course will be treated by DRAGONFLY as a separate offer to purchase.
Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by DRAGONFLY of your offer to purchase any other Courses which make up your order.
2.4 DRAGONFLY reserves the right to withdraw at any time Courses advertised for sale on the Website and/or the Brochure.
3. Payment Terms
3.1 The Fee for any Course at any given time will be displayed on the Website. Fees are quoted in Indian National Rupee (INR), US Dollars (US$) through online payment gateway “PayPal” or any other currency as per the discretion of DRAGONFLY, inclusive of VAT but exclusive of any Additional Charges.
3.2 If you purchase a Course on the Website:
3.2.1 the Fee including VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and
3.2.2 DRAGONFLY will debit the Fee from your credit card or debit card or account used for internet banking on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and authorised amount verification is taken immediately. At the time of collection of these details if you have agreed to your card details being stored, they will be stored securely by DRAGONFLY and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for payments in connection with this and any future order you may place with DRAGONFLY. Your order will be confirmed only upon receipt of the Fee in cleared funds by DRAGONFLY and will be subject to acceptance of your offer to purchase by DRAGONFLY.
3.3 If you are ordering the Course for delivery:
3.3.1 the Fee is set out on the Website. Delivery charges payable in relation to delivery of Study Materials, if applicable, are order specific and may vary;
3.3.2 if you are paying for the Fee on your own account, payment is due from you immediately by either credit or debit card or internet banking. Your order will be subject to acceptance by DRAGONFLY of your offer to purchase;
3.4 In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website is incorrect, DRAGONFLY will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Website, DRAGONFLY will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Course at the increased Fee.
3.5 Pursuant to Clause 3.4 if you decide you want to cancel your order DRAGONFLY will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Fee is lower, DRAGONFLY will refund you the difference only between the amount which you have paid and the correct Fee payable.
3.6 The Fee excludes any Additional Charges which shall be payable by you on and when they are due. Where, in addition to Fees, DRAGONFLY is required to collect applicable examination fees on behalf of a relevant professional body, these will be paid by DRAGONFLY on your behalf to that professional body.
3.7 No Study Materials will be dispatched to you by DRAGONFLY or be made available for collection, unless DRAGONFLY has received full payment in cleared funds from you in respect of the related Fee.
4. Cancellation Rights, Refund and Deferral Policy
4.1 No cancellations and/or deferrals will be permitted for a Course.
4.2 DRAGONFLY reserves the right to cancel a Course at any time up.
5. Study Materials
5.1 Where hard copy Study Materials accompanies the Course, these Study Materials will be made available to you at the relevant premises registered with DRAGONFLY.
5.2 Any deliveries made pursuant to Clauses 6.1 and 6.2 will incur a delivery charge. You will find current details on the available delivery options and applicable delivery charges on the Website.
5.3 If you fail to take delivery of the Study Materials or give DRAGONFLY inadequate delivery instructions then DRAGONFLY reserves the right to store the Study Materials until actual delivery and charge you reasonable costs (including insurance costs) of storage.
5.4 Risk of damage to, or loss of, any Study Materials, or any physical media on which Study Materials are stored, shall pass from DRAGONFLY to you on delivery. Ownership of the Study Materials will pass to you on the later of receipt of payment by DRAGONFLY in full of all sums due to DRAGONFLY in respect of the Study Materials, and, delivery of the Study Materials to you.
5.5 DRAGONFLY must be notified of any queries, complaints or short or incorrect deliveries within 14 days of you receiving the Study Materials. If you do not notify DRAGONFLY within this time period, DRAGONFLY will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.
6. Course Content and Access Terms
6.1 Please see the description of the Course on the Website for details of the contents of the available Courses.
6.2 Except as set out in the description of the Course on the Website a no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by DRAGONFLY.
6.3 In relation to Courses only the following points apply:
6.3.1 Upon receipt of a confirmation email from DRAGONFLY you will be notified when you have access to the Course purchased and for the length of time such access will be made available to you, unless any such Course is removed.
6.3.2 The receipt of an Course is personal to you and you may not transfer your rights to access the Course or provide an Course to any other person.
6.3.3 You may incur charges to your internet service provider while you are accessing the Course. You are responsible to pay these charges.
7. System Requirements
7.1 Please note that it is your responsibility to check that the computer you plan to use to access your Study Materials and the Course is compatible with the minimum specification requirement that relates to the Course you are ordering. Following are the minimum specification for the Course, Need Windows 7 with 2 GB RAM and 10 GB free space in C drive along with Flash Player 11 and Java script enabled. You acknowledge and accept that DRAGONFLY cannot be held responsible for any technical problems you encounter following the purchase of the Course.
8. Modifications to content of existing courses or technology enhancements
8.1 From time to time, DRAGONFLY may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Course purchased by you.
9 Annual (or other term) Updates
9.1 For the avoidance of doubt, purchase of a current Course does not entitle you to have access to future revised Courses as part of the original purchase.
10. Technical Support and Access
10.1 DRAGONFLY will provide technical and content support to individuals who have purchased an Course in respect of the Course purchased, in accordance with the provisions referred to below.
10.2 If you report a fault to DRAGONFLY, DRAGONFLY will use reasonable endeavours to provide a solution but DRAGONFLY does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from DRAGONFLY then DRAGONFLY will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
10.3 DRAGONFLY is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website but DRAGONFLY may elect to offer technical support and the extent of any such technical support is entirely at the discretion of DRAGONFLY.
10.4 DRAGONFLY will use reasonable endeavours to make the Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. DRAGONFLY reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or up-grades to improve the performance or functionality of the Website.
10.5 You also accept and acknowledge that DRAGONFLY cannot be held responsible for any delay or disruptions to your access to the Course as a result of such suspension or any of the following:
10.5.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
10.5.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Course;
10.5.3 failures of telecommunications links and equipment; or
10.5.4 updated browser issues.
11. Warranties
11.1 DRAGONFLY will provide the Course description which is set out on the Website.
11.2 DRAGONFLY expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. DRAGONFLY does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).
11.3 DRAGONFLY does not make any representation, guarantee or commitment to you that the Course and/or Study Materials will be error free.
11.4 DRAGONFLY does not make any commitment that the Course will be compatible with or operate with your software or hardware.
11.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
12. Limitation of liability
12.1 The exclusions and limitations of liability contained in these Terms do not apply to your liability:
(i) for fraud or willful default;
(ii) for death or personal injury caused by its negligence; or
(iii) where such limitation or exclusion cannot lawfully be excluded.
12.2 Except as set out in these Terms, DRAGONFLY shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
12.2.1 indirect or consequential losses;
12.2.2 loss of income or revenue;
12.2.3 loss of business;
12.2.4 loss of anticipated savings; or
12.2.5 loss or corruption of data.
12.3 DRAGONFLY is not responsible to you for any data that you lose during the use of the Course and Study Material.
12.4 Save as otherwise set out in this section “Limitation of liability”, DRAGONFLY’s maximum aggregate liability to you for any claims that you may have against DRAGONFLY for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
12.5 DRAGONFLY will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond DRAGONFLY’s reasonable control. This condition does not affect your statutory rights.
12.6 Each provision in this clause shall be construed separately as between you and DRAGONFLY. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
13. Disclaimer
13.1 DRAGONFLY will not accept any responsibility to any party for the use of the Course provided and/or of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
14. Intellectual property
14.1 At all times, DRAGONFLY and/or its licensors, remain the owner of the intellectual property in the Courses and the Study Materials. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of DRAGONFLY.
14.2 In consideration of receipt by DRAGONFLY of the Fee, DRAGONFLY grants to you a non-exclusive, non-transferable licence to use the Study Materials content for the sole purpose of studying on one student i.e. you for the Course. For Course the licence granted is to use the Course on one computer only.
14.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Course and/or Study Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Course or create derivative works based on the whole of or any part, or which incorporate, the Course into any software program.
14.4 Use of the Course and Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of DRAGONFLY’s copyright or DRAGONFLY’s other intellectual property rights, and/or the copyright or other intellectual property rights of DRAGONFLY’s licensors.
15. Data protection
15.1 DRAGONFLY will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy. You consent to the use by DRAGONFLY of such information in accordance with these Terms and DRAGONFLY’s privacy policy. DRAGONFLY will use such information including but not limited to:
15.1.1 perform its obligations and enforce its rights under these Terms;
15.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
15.1.3 inform you of feedback results;
15.1.4 communicate with your sponsor regarding your progress, results and attendance;
15.1.5 DRAGONFLY may share your information with its agents and service providers for these purposes; And
15.1.6 as set out in further detail in DRAGONFLY’s privacy policy.
15.2 Unless you contact us to request otherwise, you agree that DRAGONFLY may share the information you provide with other members of the DRAGONFLY group of companies, who may contact you by email, telephone or post to inform you about other products or services which may be of interest to you.
15.3 In the event that you do not wish to receive marketing correspondence from DRAGONFLY or any member of the DRAGONFLY group of companies, a written request or email should be sent to the contact details set out at the end of these Terms.
15.4 On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. You agree to DRAGONFLY using your information in this manner.
16. General
16.1 DRAGONFLY reserves the right to recover any reasonable debt collection costs in connection with these Terms.
16.2 DRAGONFLY may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
16.3 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
16.4 DRAGONFLY may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
16.5 No relaxation or delay by DRAGONFLY in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by DRAGONFLY in writing.
16.6 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
16.7 Any notices required to be served on you by DRAGONFLY under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at DRAGONFLY’s discretion. Any notices required to be served on DRAGONFLY by you will be deemed properly served if sent to the address as mentioned below.
16.8 The agreement between you and DRAGONFLY which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person.
16.9 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts of New Delhi to settle any disputes which may arise out of or in connection with these Terms and Conditions.
17. Contact us at:
Dragonfly Education Private Limited
B-1, Sector 60, Noida – 201301, Uttar Pradesh, India
Tel: 0120 4784 999
Email: d@dfe.co.in