Updated on: 25th November 2025

NxtWave Disruptive Technologies Private Limited (including its affiliates) (hereinafter referred to as “NxtWave”, “Company”, “we”, “us”, or “our”), a private limited company incorporated in Hyderabad, offers a specialized upskilling program titled ‘Academy On-Campus’ (“Program”) to its users as part of its NxtWave of Innovation in Advanced Technologies (“NIAT”) (formerly known as NxtWave Institute of Advanced Technologies) initiative, which includes the provision of upskilling courses, non-guaranteed placement support and industry relevant guidance to the users (“Services”).  

The terms and conditions outlined herein together with the Code of Conduct, Terms of Use, Privacy Policy, Indemnification Undertaking by Student, and Indemnification Undertaking by Parent (“T&C”) constitute a legally binding agreement between you (“Candidate” / “You” / “Your”) and NxtWave, and set out the terms on which NxtWave offers its Services and operates the Program, including, inter alia, the terms of eligibility, performance, code of conduct, consideration, assessment, certification, health and safety protocols, placement support and the rights, duties and obligations of the Candidate. 
By enrolling in the Program, you agree to abide by the T&C, and comply with the provisions set out herein. In compliance with the applicable laws of India, only persons of 18 (eighteen) years of age or above are eligible to enter into a contract, accordingly, if you are below the age of 18 (eighteen) years / a minor, and you wish to enrol into the Program, the Program shall only be accessible to you upon your parent or legal guardian’s consent, who shall be deemed to have accepted the T&C on your behalf upon your enrolment into the Program. In case of minors, the parents and / or legal guardians, shall be fully and solely responsible for their actions, omissions, and any breach of the T&C, including any damages, liabilities, or legal consequences arising therefrom. By enrolling into our Program and availing our Services, you, through your actions, affirm that you are eligible to accept the terms of this T&C and / or have the consent of your parents / legal guardians to enrol into the Program, as the case may be. If you do not agree with the terms of this T&C, kindly refrain from availing our Services. NxtWave reserves the right to terminate the Services and/or refuse admission to the Program if it is discovered that: (a) any information provided by you (or your parents / legal guardians) is inaccurate; or (b) you are a minor and your parents / legal guardians have not consented to your enrolment into the Program. NxtWave is not responsible for any consequence that arises as a result of a Candidate’s misuse of its Services and/or Program, including a minor enrolling for the Services/ Program without the consent of his/her parents / legal guardian. 
In case of minors, the terms ‘Candidate/You/Your’ shall be deemed to include such Candidates’ parents / legal guardians, and while the minors may perform the obligations set out under the T&C,  the legal responsibility, onus, and liability for ensuring compliance with such obligations and the provisions of the T&C shall solely rest with their parents / legal guardians. 
The Candidate and NxtWave are collectively referred to as “Parties” and individually as “Party”. 

1. Overview of Program and its Objectives

The Program is tailored for Candidates who have completed their higher secondary education (i.e., 12th grade or its equivalent) and intend to acquire industry-relevant skills in the CS/IT/ITES domain while pursuing traditional education/degrees from Recognized Universities (as defined below). The Program is available at the premises of the NxtWave or Recognized University that has partnered with NxtWave for purposes of the Program (“NxtWave Partner University”) NxtWave may also recommend certain Recognized Universities to Candidates to support their pursuit of formal education (“NxtWave Recommended University”). 

To align with the progression of your regular academic curriculum and to complement the learning imparted by your NxtWave Partner University or NxtWave Recommended University, the Program is spread over eight (8) terms (“Modules”), enabling you to acquire relevant skills in a phased manner. 

Each Module within the Program focuses on a distinct domain of technology and development, designed to build progressively on the Candidate’s technical proficiency. The Modules/courses offered under the NIAT initiative currently include: 

(a) NIAT – Web Development and Programming Foundations
(b) NIAT – Database Management and Data Structures
(c) NIAT – Backend Development and Algorithms 
(d) NIAT – Developer Foundations and Network Systems 
(e) NIAT – Machine Learning and Software Development 
(f) NIAT – Data Science and Deep Learning 
(g) NIAT – System Design 
(h) NIAT – Machine Learning Ops and Production Systems. 

NxtWave may, at its discretion, modify, replace, or add new Modules/courses or learning components from time to time, to ensure alignment with emerging technologies, market trends, and industry standards. 

The Program is not a substitute to any academic/vocational education imparted by colleges/higher education institutes/universities established in or outside India (“Recognized University”). NxtWave strongly encourages Candidates to pursue traditional education/degrees in Bachelor of Technology and Bachelor of Science from Recognized Universities in addition to availing its Services. It is being clarified that the NxtWave Recommended University or NxtWave Partner University will independently conduct its admission, evaluation and selection procedure and that NxtWave has no visibility, influence or right to interfere on such selection procedures. Please note that NxtWave has no role in the admission process of the NxtWave Recommended University or NxtWave Partner University. Your admission into the NxtWave Recommended University or NxtWave Partner University is determined solely by such NxtWave Recommended University or NxtWave Partner University, based on its independent selection criteria and process. Admission to the NxtWave Recommended University or NxtWave Partner University is not influenced by, nor contingent upon, your enrolment in the Program. 

2. Eligibility and Enrollment

1. Candidates having completed their higher secondary education (i.e., 12th grade or its equivalent) or meeting any other criteria specified by NxtWave, from time to time, are eligible to enrol for the Program. 

2. As part of its selection process for the Program, NxtWave may administer specific entrance examinations, including but not limited to the ‘NxtWave Admission-counselling Test’, and/or conduct interviews of the Candidates. Subject to the terms of the T&C, NxtWave may update the eligibility criteria and/or introduce any other eligibility criteria, at its sole discretion.  

3. In case of any dispute regarding the selection/enrolment procedure adopted by NxtWave for enrolment into the Program, NxtWave's decision shall be final and binding upon the Parties. NxtWave reserves the right to deny and / or revoke the enrolment of any Candidate that is not meeting the eligibility criteria or the conditions set out herein. It being clarified that a Candidate’s selection for the Program or clearing the entrance examinations conducted by NxtWave, including the ‘NxtWave Admission-counselling Test’, does not in any manner guarantee, or make the Candidate eligible for, admission into the B. Sc / B. Tech program offered by NxtWave Recommended Universities or NxtWave Partner Universities. The admission, evaluation and selection process of the NxtWave Recommended Universities or NxtWave Partner Universities for their respective B. Sc / B. Tech courses is independent and distinct from NxtWave’s selection process into the Program. 

4. In case where the Program is, by design, offered exclusively at the premises of and in collaboration with such NxtWave Partner University, the Candidate must clear the admission process of the NxtWave Partner University and be enrolled in such NxtWave Partner University’s B. Tech program to access the Program, as NxtWave will not be in a position to provide access to the Program unless the Candidate is enrolled with the NxtWave Partner University. You may avail the other upskilling courses offered by NxtWave should you not wish to participate in NIAT and / or enrol with the NxtWave Partner University. 

5. NxtWave disclaims any liability or responsibility arising from a Candidate’s inability, failure, or decision not to enrol in, or continue with, a NxtWave Recommended University or NxtWave Partner University, including without limitation, instances where the Candidate’s admission or application is rejected by the NxtWave Recommended University or NxtWave Partner University. In such cases, NxtWave shall not be obligated to offer access to, or facilitate the delivery of, the Program through any alternate means. Further, no refund or adjustment shall be made in respect of the Service Fee (defined below) payable to NxtWave under any circumstances, including the Candidate’s ineligibility or inability to enrol, or continue with, the B. Sc / B. Tech program offered by the NxtWave Recommended University or NxtWave Partner University. 

6. For the purpose of assessing the Candidate’s eligibility, completing the enrolment process, or at any time during the Program, NxtWave may request documentary evidence and/or collect personal information from Candidates. This may include, but is not limited to, proof of educational qualifications, government-issued photo identification, passport-size photographs, evidence of fee payment, and medical or health-related information. Candidates are required to promptly provide all documents and information as requested by NxtWave to ensure timely completion of the enrolment process.  

3. Fees and Payment

1. Subject to the Candidate successfully clearing NxtWave’s selection process and meeting the prescribed eligibility criteria, NxtWave may require the Candidate to make a non-refundable, one-time payment to reserve a seat in the Program (“Program Registration Fee” or “Seat Reservation Fee”). 

2. NxtWave will collect its service fees for the Services rendered under the Program (“Upskilling Fee”) in accordance with payment arrangements agreed with the Candidate or relevant NxtWave Partner University.      

3. All fees payable to NxtWave by the Candidate, including the Program Registration Fee, shall collectively be referred to as the “Program Fee”. The Candidate hereby undertakes to pay the Program Fee promptly upon request by NxtWave and within the timelines specified by NxtWave.  

4. The Candidate acknowledges and agrees that the Program Fee paid to NxtWave is strictly non-refundable and non-transferable under any circumstances. It being clarified that NxtWave does not collect any academic fees towards the B. Tech / B. Sc program offered by the NxtWave Partner University or NxtWave Recommended University, and such fees towards the B. Tech / B. Sc program would be directly collected from the Candidates by their respective NxtWave Partner University or NxtWave Recommended University.  

5. All fees due and payable to NxtWave must be paid within 15 (fifteen) days from the date on which NxtWave raises a request for such payment, unless otherwise agreed in writing with NxtWave (each, “Payment Date”). 

6. Candidates may deposit the Program Fee through the payment mode specified by NxtWave. Detailed instructions in this regard, will be separately circulated by NxtWave from time to time. 

7. If NxtWave does not receive payment towards its Services, including the Program Registration Fee and the Upskilling Fee (“Service Fee”), on or before the relevant Payment Date, the Candidate’s enrolment in the Program shall stand automatically terminated without any further notice. Provided that, NxtWave may, at its sole discretion, charge interest / impose a fine and accept delayed payment of its Service Fee or any part of Service Fee, and permit the Candidate to join/continue the Program. It being clarified that the delayed / non-payment of any part of Service Fee, and any consequent termination of the Candidate’s enrolment under the Program, will neither have any impact on the validity of the admission of the Candidate to the NxtWave Partner University or NxtWave Recommended University, nor will it disqualify the Candidate from receiving the B. Sc / B. Tech degree / course completion certificate from the NxtWave Partner University or NxtWave Recommended University. In the event of the non-payment of the Service Fee, or the termination of the Candidates’ enrolment from the Program, the Candidate shall not be eligible to receive the Industry Ready Certificate (“IRC”) or any other certification issued by NxtWave upon completion of the Program. 

8. NxtWave may, at its sole discretion, grant you access to the Program pending the receipt of payment for the Service Fee or any part of Service Fee, in certain exceptional circumstances.  

9. NxtWave may, at its sole discretion, provide discounts / offers on the entire Program Fee or any part of the Program Fee, which may differ from one Candidate to another. 

10. Unless otherwise agreed by NxtWave in writing, the Program Fee will be exclusive of the food, accommodation and travel expenses incurred by the Candidate in order to avail the Program. Further, it is reiterated that the Program Fee is exclusive of any academic fees to be paid by the Candidate to the NxtWave Partner University or NxtWave Recommended University towards their B. Sc / B. Tech program. 

11. NxtWave may, upon receiving a request from the Candidates interested in availing credit facilities for the Program Fee, assist such Candidates by facilitating connections with lenders, such as banks and NBFCs. It being clarified that NxtWave’s role will be limited to facilitating connections with lenders, and the Candidates (in case of minors, their parents / legal guardians) will be solely responsible for fulfilling all obligations in respect of the facilities availed, including making timely payment of EMIs (equated monthly installments). NxtWave does not assume any responsibility or liability towards the lenders or the Candidates for any default of obligations or non-payment of EMIs. All agreements and transactions related to loans / credit facilities are strictly between the Candidates and their respective lenders. It being clarified that NxtWave may, upon receiving a request from the lenders to suspend or terminate access to the Services for any Candidate on account of any default of obligations and / or non-payment of EMIs to such lender, suspend and / or terminate the Candidate's access to the Program / Services. By agreeing to the T&C, you acknowledge, confirm, and expressly consent to NxtWave sharing your personal data with third-party lenders or NBFCs, solely for the limited purpose of facilitating loan or credit facilities, should you express interest in availing such financial assistance. 

    
    

4. Conduct of the Program and Certification

1. The perception of quality and usefulness may vary from Candidate to Candidate, depending on individual preferences, learning styles, and expectations. While NxtWave delivers an industry ready upskilling curriculum/training based on the evolving industry requirements, NxtWave does not guarantee the quality, effectiveness, or suitability of any specific courses, study material, teaching methodology, placement support, or other services provided as part of the Program. Further, NxtWave reserves the right to modify the Program curriculum and the criteria for assessment from time to time.  

2. NxtWave shall regularly conduct assessments as it may deem fit, in accordance with the Program curriculum. Upon the successful completion of the Program (including the satisfactory completion of, inter alia, all Program related courses, projects, assessments) by the Candidates and achieving the minimum scores, as may be determined by NxtWave in its sole discretion, NxtWave will award a certificate to such eligible Candidate confirming their ‘Industry Readiness’ in the CS/IT/ ITES domain. It being clarified that neither NxtWave, nor the NxtWave Partner Universities, nor any other NxtWave Recommended Universities, award any degree, academic credits, diploma or certification to Candidates towards a B. Sc / B. Tech degree upon the successful completion of the Program, and the Program administered by NxtWave is not equivalent to, or a substitute for, education / degrees from NxtWave Partner Universities or NxtWave Recommended Universities, in any manner whatsoever. 

3. NxtWave reserves the right to withhold the issuance of IRC and / or other acknowledgements/certificates of successful completion, to Candidates: (a) in the event of any outstanding dues payable to NxtWave, until such dues are fully cleared; (b) for, inter alia, their non-adherence to the T&C, any violation of the code of conduct, policies, guidelines and / or instructions issued by NxtWave; (c) for any unauthorized use, misappropriation, or infringement of NxtWave’s proprietary materials, confidential information, or intellectual property; (d) in the event the Candidate fails to return any equipment, devices, documentation, or other materials, provided by NxtWave, in good working condition, upon completion or termination of the Program; (e) if the Candidate fails to fully comply with the obligations set out under paragraph 6 hereto; and (f) during the pendency of any disciplinary proceedings / investigations into the misconduct of such Candidates during the course of the Program. It being clarified that NxtWave’s withholding of the IRC, and any consequent termination of the Candidate’s enrolment under the Program, will neither have any impact on the validity of the admission of the Candidate to the NxtWave Partner University or NxtWave Recommended University, nor will it disqualify the Candidate from receiving the B. Sc / B. Tech degree / course completion certificate from the NxtWave Partner University or NxtWave Recommended University. 

4. Candidates who do not clear the assessment conducted by NxtWave may be eligible for re-assessment / re-test, subject to NxtWave’s approval. Requests for such re-assessment: (i) must be submitted by the Candidates in writing, within the timeframe specified by NxtWave; and (ii) will be considered by a committee designated by NxtWave for this purpose, which committee’s decision shall be final and binding. 

Please note that in cases where the Program is intended to be delivered exclusively at the premises of a NxtWave Partner University, access to the Program shall be available only to Candidates who are enrolled with such NxtWave Partner University. Accordingly, if a Candidate is not enrolled with a NxtWave Partner University, NxtWave will not be in a position to provide access to the Program. 

5. Program Changes and Cancellations

1. NxtWave reserves the right to amend, modify or update the Program or Services, including but not limited to curriculum, content, schedule and Program Fee, as deemed necessary to maintain quality, relevance, adhere to any change in the applicable laws or the industry standards, or for any other reason as may be deemed necessary by NxtWave. 

2. NxtWave may, at its sole discretion, postpone and / or cancel in whole or in part, the Services or the Program or any part of the Program, due to any reasons, including on account of insufficient enrolment. In the event of such cancellation by NxtWave, the affected Candidates will be duly notified and provided with an option to avail alternate courses / Programs offered by NxtWave. The Service Fee or any part of Service Fee already paid for the cancelled course / Program shall be adjusted towards the fee for alternate courses / programs being availed by the Candidates. 

3. All disputes regarding the modification of the Program, cancellations and / or the alternative arrangements made available to the Candidates by NxtWave, shall be resolved in accordance with paragraph 18 below. 

4. Subject to the provisions of the T&C, Candidates may withdraw from the Program at any time. Such withdrawal shall have no impact on the Candidate’s academic progression or eligibility to complete the B. Tech / B.Sc. program offered by the NxtWave Partner University or NxtWave Recommended University. 
    

6. Obligations of the Candidates

1. You are solely responsible for the use of our Services, and are required to strictly adhere to the code of conduct, policies, instructions and guidelines as may be formulated by NxtWave from time to time. 

2. During the course of the Program, you must not:

   • Harass, discriminate, abuse or cause discomfort to other Candidates, attendees, support agents, visitors, or employees / representatives of NxtWave; 

   • Create an atmosphere of disharmony, hostility within Candidates’ groups and the attendees of the Program; 

   • Cheat and / or submit plagiarized assignments in the assessments conducted by NxtWave; 

   • Copy, reproduce, modify, create derivative works from, distribute or publicly display the Services or any content, text, graphics, sounds, artwork, computer code, visual interface, reading material, intellectual property (including trademarks, logos, copyright, design, patents), documents, questionnaires, interview ideas, concepts, inventions, systems, platforms, software, tools, utilities, templates, forms, techniques, design formats, methods, processes, algorithms, knowhow, trade secrets, course material and other technologies and information acquired, created, developed or licensed independently by NxtWave, and provided by NxtWave to you during the Program (“NxtWave Material”), except to the extent permitted by the applicable laws, or with the prior written consent of NxtWave; 

   • Use the Services or any NxtWave Material to establish, maintain or provide, or assist in establishing, maintaining or providing a learning management system; 

   • Violate any applicable laws or regulations, or the rights of NxtWave or any third party under this T&C; 

   • Gain, or attempt to gain, unauthorized access to the Program or NxtWave’s facilities / infrastructure; 

   • Upload, publish, or circulate any false, inaccurate, misleading, defamatory or offensive statement about NxtWave or its Services. NxtWave reserves the right to immediately terminate the enrolment of any Candidate in breach of this obligation; 

   • Use the Services in any manner that could damage, disable, overburden, or impair the Services or any network or other infrastructure used in connection with the Services; or 

   • Disturb, interfere or attempt to interfere or disturb, or obstruct the functioning of the Services and the delivery of the Program. 

3. NxtWave reserves the right to change/update the T&Cs, from time to time, and shall notify the Candidates of the same. The Candidate shall be responsible to read, understand, stay updated and adhere to the same, as provided in paragraph 19 (g) hereto. 

4. NxtWave reserves the right to decide the appropriate course of action in case a Candidate fails to adhere to the T&C. For any breach of the obligations set out in this paragraph 6, NxtWave may, in accordance with its prevailing code of conduct, policies, instructions and guidelines, suspend or terminate the enrolment of the non-compliant Candidate from its Program, impose fines, penalties, take legal action and/or seek the available legal remedies against such Candidate, as it may deem fit. 
    

7. Placement Support

1. NxtWave shall provide placement support to the Candidates by assisting in preparing for interviews and assessments for job opportunities, and facilitating connections with potential employers, and mentors with relevant experience, subject to the Candidates fulfilling the prerequisites set out in the Placement Eligibility Policy formulated by NxtWave from time to time.  

2. While NxtWave provides placement support to all eligible Candidates, it does not however guarantee any jobs, internships, apprenticeships or placement / employment / internship / apprenticeship opportunities. Selection of the Candidates by potential recruiters will be on the basis of the recruiters’ requirements, including the assessment of the Candidates’ credentials and the Candidates’ performance during the selection process, subject to the prevailing market conditions and the job description.

   
   

8. Health and Safety

1. Candidates are required to comply with all health and safety protocols formulated by NxtWave, as per NxtWave’s health and safety policy (“HSE Policy”). This includes adhering to measures such as vaccination, testing, social distancing, and mask-wearing requirements during pandemics or public health concerns, etc., as stipulated in the HSE Policy from time to time. It is clarified that, in addition to the HSE Policy, Candidates shall also adhere to the health and safety protocols of the respective NxtWave Partner University or NxtWave Recommended University, and will be required to comply with the same in order to participate in the Program.

2. Candidates are responsible for maintaining their health and wellness. This includes maintaining personal hygiene, promptly reporting health issues, seeking medical care when needed, participating in wellness programs, refraining from actions that could pose risks to themselves or others and adhering to the HSE Policy. Candidates must inform NxtWave of any health conditions that may affect their ability to participate in the Program. 

3. Candidates are responsible for obtaining and maintaining a minimum three (3) lakhs health insurance coverage for the duration of the Program. NxtWave is not responsible for any pre-existing or new medical conditions or illnesses, or any medical expenditures that may arise during the Program. 

4. In case of emergencies or uncontrollable situations related to any health issues of any Candidate, NxtWave is not liable for the health issue or the condition of the Candidate, nor for any associated expenses or costs. 

5. NxtWave and its representatives have no control over the activities in which the Candidate chooses to engage during the Program. The Candidate assumes full responsibility for their participation in any activities, including but not limited to sports events, excursions, conferences, and online activities. Any injury, disability, illness, death, or damage resulting from such activities is the sole responsibility of the Candidate. Under no circumstances shall NxtWave and its representatives be held liable for any such consequences. 

6. NxtWave is not liable for any injury, disability, death, or illness that may occur to the Candidate during the Program or related activities, whether on or off the premises of NxtWave or NxtWave Recommended University or NxtWave Partner University where the Program is being delivered by NxtWave, or for any associated medical or emergency expenses. Additionally, NxtWave shall not be responsible for any pre-existing or newly developed medical conditions or illnesses of the Candidate, nor for any medical expenses that may arise during the Program. 

7. In the event that emergency medical procedures need to be performed on the Candidate, NxtWave and/or any person authorized by NxtWave is granted the authority to give consent on behalf of the Candidate or their parents/legal guardians for the required medical procedures. This authority is intended to prevent any delays in obtaining consent that could prove detrimental in emergency situations. NxtWave and/or any person designated by NxtWave shall not be held responsible or liable for providing such consent or for any consequences that may arise from the medical procedures performed. 

8. Candidates who require medical leave due to health emergencies must provide appropriate medical documentation. NxtWave will review and accommodate such requests in accordance with its established policies and procedures. 

9. Candidates must follow emergency response procedures, including evacuation plans and incident reporting, as well as adhere to safety guidelines for the use of facilities and equipment, as stipulated in the HSE Policy and the respective NxtWave Partner University’s guidelines in case the Program is being delivered at NxtWave Partner University, from time to time. 

10. Non-compliance with these protocols may result in disciplinary actions, including suspension or expulsion from the Program. 
     

9. Accommodation, Food and Travel Arrangements

1. Unless otherwise agreed in writing, NxtWave will not provide any food, accommodation and travel facilities to the Candidates. 

2. If requested by the Candidates, NxtWave may recommend / facilitate accommodations near the respective NxtWave Partner University or NxtWave Recommended University, however, NxtWave shall bear no liability for any issues, incidents, or damages that may occur at such accommodation.

   
   

10. Use of NxtWave Material

NxtWave grants the Candidate a limited, non-exclusive, non-transferable, and revocable license to use NxtWave Material and resources during the course of the Program in furtherance of the course work, assignment, examination and assessment related to the Program. Any unauthorized copying, distribution, modification, or commercial use of the NxtWave Material is strictly prohibited, and may trigger fines, penalties, suspension and/or expulsion of the Candidates from the Program. Candidates must exercise necessary care, caution, and responsibly use the NxtWave Material, such that the NxtWave Material is not disparaged in any manner. Upon the completion of the Program or the termination of the Program, whichever is earlier, the Candidates must promptly return all the NxtWave Material to NxtWave within 3 (three) days of such completion or termination, in good condition. Any damage, loss, or failure to return the NxtWave Material may result in additional charges / penalties, including withholding of the award of IRC. 

11. Expulsion, Suspension and Termination

1. NxtWave may expel or suspend a Candidate from the Program, impose any form of disciplinary actions, fines and penalties, and also initiate legal actions for, inter alia, any violation of the T&C, the terms of use, privacy policy, code of conduct, other policies, guidelines, instructions issued by NxtWave. NxtWave will conduct an investigation against such violations by the Candidates, and NxtWave’s decision in this regard, will be final and binding upon the Parties. 

2. The provision of Services to the Candidates under this T&C may be terminated, upon the occurrence of any of the following events: 

   • Automatically, upon the non-payment of the Service Fee or any part of the Service Fee in accordance with paragraph 3 hereto; or 

   • Due to: (i) breach of any Candidate Representations and Warranties (as defined below); (ii) non-compliance by the Candidate of his / her obligations under the T&C, including failure to return the NxtWave Material. 

3. Either Party may withdraw from the Program, by providing the other Party with at least seven (7) days’ prior written notice, subject to the terms of T&C. 

4. The Candidates acknowledge that their continuous use of the Services in accordance with the T&C for the duration of the Program constitutes a material term without which NxtWave would not have agreed to the transactions contemplated hereunder, and that NxtWave has made significant investments for providing the Candidates with necessary resources and facilities under the Program. The Parties hereby acknowledge and agree that NxtWave would suffer irreparable harm and damage in case of the Candidates’ expulsion, suspension, termination due to non-compliance of the T&C by the Candidate or premature withdrawal from the Program, and accordingly, NxtWave reserves the right to demand additional compensation from such Candidates, towards penalties/liquidated damages, on the basis of a fair and good faith estimate of the damages suffered by NxtWave due to the Candidates expulsion, suspension, termination due to non-compliance of the T&C by the Candidate or premature withdrawal from the Program. 

5. In the event of any withdrawal, expulsion, suspension, or termination from the Program, the Service Fee or any part of the Service Fee paid by the Candidates shall not be refunded, and no IRC or acknowledgment of participation in the Program shall be provided. Further, all Program benefits shall be terminated and/or revoked at the sole discretion of NxtWave, and no additional compensation shall be provided under any circumstances. 

6. If a Candidate is expelled, suspended, or otherwise disqualified by the NxtWave Recommended University or NxtWave Partner University for any reason whatsoever, including but not limited to academic misconduct, violation of university policies, or unsatisfactory performance, and is consequently not permitted to access the premises of  NxtWave, or NxtWave Recommended University, or NxtWave Partner University, such Candidate shall automatically be deemed ineligible to continue with the Program. NxtWave shall bear no responsibility or liability in such cases, and the Candidate shall not be entitled to any refund of the Service Fee paid to NxtWave, compensation, or transfer assistance. 
    

12. Disclaimer and Scope of the Program

1. NIAT is an upskilling initiative of NxtWave. NIAT / NxtWave or its Program / Services must not be construed as that of a Recognized University. The Program is NOT a substitute to any academic / vocational education imparted by a Recognized University. Further, the Program/ Services must NOT be construed as provision of ‘technical education’ to the Candidates within the meaning of the term under the applicable All India Council for Technical Education (“AICTE”) / University Grants Commission (“UGC”) norms. Candidates agree and acknowledge that they shall not misrepresent the Program as being equivalent to a university degree, diploma, or technical qualification. Candidates further agree that any such unauthorized representation made by them to any third party shall be solely at their own risk, and NxtWave disclaims all liability arising from or in connection with the same. 

2. NxtWave, under the NIAT initiative, does not award formal academic certificates / diplomas / degrees to Candidates in any manner. However, NxtWave will issue an independent IRC upon successful completion of the Program, subject to the Candidate fulfilling the prescribed criteria. 

3. NxtWave may, at its sole discretion, align the Program and its Services with the NSQF or NHEQF, as per the National Education Policy 2020, National Credit Framework (“NCRF”), National Skill Qualifications Framework (“NSQF”), National Higher Education Qualifications Framework (“NHEQF”) and other applicable laws, making the Candidates eligible to obtain credits towards any undergraduate or post graduate degree courses offered by Recognised Universities in furtherance of the Program. However, the recognition of the credits awarded in furtherance of the Program, towards the completion of any undergraduate / post-graduate level degree programs offered by any Recognized Universities, will be completely at the discretion of such Recognized Universities. Further, such recognition must NOT be construed as NxtWave imparting courses / education to Candidates on behalf of the Recognized Universities or entering into a franchising arrangement with the Recognized University. 

4. NxtWave strongly encourages Candidates to pursue formal education / degrees from Recognized Universities in addition to availing its Services. In this regard, NxtWave may, from time to time, recommend certain Recognized Universities to Candidates, where its upskilling courses under the NIAT initiative may be availed. It being clarified that while the Program is available at NxtWave Partner Universities, NxtWave’s other upskilling courses may be availed online. Accordingly, enrolment into any NxtWave Partner University or NxtWave Recommended University is not a prerequisite for accessing NxtWave’s other upskilling courses. Candidates are expected to undertake their own research and due diligence, in selecting the educational institutions / Recognized Universities that best suit their needs. Further, NxtWave may update the list of NxtWave Partner Universities from time to time based on factors including but not limited to quality and relevance. 

5. NxtWave shall not be held liable or responsible in any manner, for any agreements, disputes, or conflicts arising between the Candidates and the NxtWave Partner Universities. All matters concerning admission, tuition, academic policies, refunds, examinations, credits, certificates or any other aspects of the B. Tech / B. Sc programs offered by the NxtWave Partner Universities are solely between the Candidate and the respective NxtWave Partner University  or NxtWave Recommended University. NxtWave shall also not be held liable for any actions, inactions, omissions, or decisions of the NxtWave Partner Universities, or for any consequences resulting thereof, including on account of any non-compliances of the applicable laws, the NxtWave Partner Universities’ inability to offer B. Tech / B. Sc degrees to the Candidates, etc. It being clarified that NxtWave, the NxtWave Partner University and NxtWave Recommended University are independent contractors and are not partners or agents of one another in any capacity whatsoever. 

6. NxtWave/NIAT does not deliver any courses or academic support to the Candidate for fulfilling their academic requirements towards the degree programs of NxtWave Partner Universities. 

7. NxtWave Partner Universities are solely responsible for conducting their degree programs and awarding undergraduate/postgraduate certificate/diploma/degree to the Candidates, as may be applicable, in accordance with the applicable laws. 

8. Admission to a NxtWave Partner University or NxtWave Recommended University is solely at the discretion of such university. NxtWave Partner Universities independently operate their academic programs and curriculum in accordance with the applicable laws, without any interference of / influence from NxtWave in relation to their admission, grading, or certification processes. 

9. Successful completion of the Program with NxtWave does not entitle the Candidate to receive the degree / course completion certificate from the NxtWave Partner University or NxtWave Recommended University. Candidates will be responsible for separately fulfilling the requirements stipulated by the NxtWave Partner Universities towards attendance, assessment and examination for their respective degree programs. 

10. Withdrawal of a Candidate from the Program will neither have any impact on the validity of the admission of the Candidate to the NxtWave Partner University or NxtWave Recommended University, nor will it disqualify the Candidate from receiving the degree / course completion certificate from the NxtWave Partner University or NxtWave Recommended University. It being clarified that in case of such withdrawal, Service Fee or any part of the Service Fee shall not be refunded, and no IRC or acknowledgment of participation in the Program shall be provided. 

11. Matters relating to the status, recognition, or operations of the NxtWave Partner University or NxtWave Recommended University are outside NxtWave’s purview, and Candidates acknowledge that NxtWave does not guarantee the continuation, recognition, or transferability of any university program or degree. 

12. NxtWave has no role in the design, delivery, or administration of the academic programs of the NxtWave Partner University or NxtWave Recommended University. All academic matters remain the sole domain of the Partner University. 

13. By enrolling into the Program, Candidates acknowledge and agree that NxtWave may, upon aligning its Program and Services with the NSQF or NHEQF and other applicable laws, offer an option for recognition of the Candidates’ completed coursework towards earning credits, certificates, diplomas, or degrees through the NxtWave Partner University, NxtWave Recommended University or other competent entities. Candidates explicitly consent to NxtWave sharing their data, including but not limited to personally identifiable information (PI) and learning records, with such partner institutions for these purposes. 

14. NxtWave provides the Program on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. NxtWave and its directors, employees, agents, suppliers, sponsors and partners do not warrant and specifically disclaim that: (a) the Services and the Program will be secure, error-free or available at any particular time or location; (b) any defects or errors will be corrected; (c) the results of availing the Services will meet your requirements; or (d) any information obtained through the use of Services will be accurate. 

15. The Services are subject to limitations, delays, and other problems including but not limited to inherent problems in the use of the internet and electronic communications. NxtWave is not responsible for any delays, delivery failures, or other damage resulting from such problems. Your enrolment with NxtWave and availing the Services offered by NxtWave is solely at your own risk. 

16. The Program may include third-party content, resources, or services, for which NxtWave assumes no responsibility regarding their accuracy, completeness, or quality. 

17. NxtWave is not liable for ensuring Candidates have the necessary technology or internet access to participate in the Program. 

18. NxtWave will not be responsible in any manner for any bodily injury, disability, death, illness, damage, hurt, or loss of property caused to the Candidate, on account of any act or omission of the employees, agents, and representatives of NxtWave and / or any third parties, during the course of the Program. 

19. EXCEPT AS EXPRESSLY SET FORTH IN THE T&C, NXTWAVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

    
    

13. Confidentiality 

1. Your obligation to protect and keep confidential the information / data received from NxtWave, whether orally, in writing, electronically, or by any other means, shall extend to, inter alia: (i) all business and operational information such as internal policies, procedures, strategies, financial information, NxtWave Material, and marketing plans; (ii) technical information like proprietary software, research and development data, technical processes, and product designs; (iii) intellectual property, including patents, trademarks, designs, ideas, computer code, copyrights, and trade secrets; (iv) client and partner details, such as contact information and contractual terms; (v) employee personal and professional information; and (vi) educational materials provided during the Program, as well as non-public memos, emails, or meeting notes, etc. (vii) any other information that is designated as confidential or that should reasonably be understood to be confidential, regardless of whether it is explicitly marked as such (collectively, “Confidential Information”). 

2. You hereby undertake to keep confidential at all times, the Confidential Information shared by NxtWave with you during the course of the Program, and to not disclose such Confidential Information, except with the prior written consent of NxtWave, and as may be required under the applicable laws. 

3. Upon the termination or expiration of the T&C, or upon NxtWave’s written request at any time, you shall promptly return all Confidential Information in your possession, custody, or control to NxtWave. If returning the Confidential Information is not feasible, you shall, at the NxtWave’s direction, destroy all such Confidential Information and any copies, extracts, or summaries thereof, and certify in writing to NxtWave that such destruction has been completed. 

4. If a Candidate is required under applicable laws, or under court orders to disclose any Confidential Information, such Candidate must, promptly notify NxtWave in writing, before making any disclosure to the authorities, and must fully cooperate with NxtWave in seeking appropriate protective orders or other legal remedies, as may be required. Further, if a disclosure is required to be made as per this paragraph (d), the Candidate shall only disclose such limited Confidential Information as may be deemed necessary to comply with the applicable laws, and shall use reasonable efforts to ensure that such disclosed information is treated as confidential. 

5. Candidates further expressly agree and consent to the collection, transfer, processing, analysis, and use of their personal and sensitive personal data by NxtWave, either directly or through third parties, for the purpose of providing the Services under these T&C, and for any other lawful purposes, in accordance with NxtWave’s Privacy Policy.

14. Indemnification

1. The Candidates and their parents / legal guardians agree to indemnify, defend, and hold harmless NxtWave, its officers, directors, employees, agents, affiliates, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or in relation to any: 

   • Breach or violation of the T&C, the Candidate Representations and Warranties, the applicable laws or the code of conduct, guidelines, policies and instructions issued by NxtWave by the Candidate and / or the parents / legal guardians; 

   • Misconduct or negligent acts or omissions of the Candidate during the course of the Program, including but not limited to the misuse, unauthorized access, use, publication, exploitation, disclosure, alteration, or destruction of NxtWave Material, NxtWave IP (as defined below), Created IP (as defined below), Confidential Information, facilities, equipment, or infrastructure; 

   • Misrepresentation, false statement, or omission of material facts by the Candidate (in case of a minor, the legal guardians / parents) during the enrolment process or at any time during the course of the Program; 

   • Uploading, publishing, or circulating any false, inaccurate, misleading, defamatory, or offensive statements about the Program or the NIAT initiative or NxtWave. 

   • Claims brought by third parties in relation to the Candidate’s actions or enrolment into the Program, including but not limited to, infringement of third-party intellectual property rights, personal injury, or property damage; and 

   • Bodily injury, death, or property damage caused by the Candidate while participating in the Program or using NxtWave Material and the facilities and infrastructure of NxtWave; 

   • Any violation of applicable laws, regulations, or ordinances by Candidate; (collectively, “Indemnity Events”). 

2. The Candidate (in case of a minor, the parents / legal guardians / minor) shall promptly notify NxtWave in writing upon the occurrence of any event or incident that could give rise to an Indemnity Event. Subject to the indemnification obligation of the Candidate in paragraph (a) above, NxtWave reserves the right to assume defence and control of any proceedings initiated against NxtWave due the acts or omissions of the Candidate, and the Candidate hereby agrees to fully cooperate and extend all necessary support to NxtWave to defend such claims.

   
   

15. Limitation of Liability 

1. NxtWave (or its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers,) shall not be liable to the Candidate or any third party for any indirect, incidental, punitive, special or consequential damages or loss arising under contract, tort, strict liability, negligence or any other legal or equitable theory in relation to the Program or the Services. Further, NxtWave shall have no liability towards the Candidate, financially or otherwise for any damages, losses, or liabilities of any kind arising from or related to the Program or the Services. 

2. All applications, code or content created by the Candidate using the NxtWave Material, NxtWave’s resources / infrastructure are intended to be used by the Candidate solely as prototypes and for evaluation of validity and practicability of ideas. Any publication, distribution, use or commercialisation by the Candidate of such apps, codes or content, other than the use specified herein is strictly prohibited and NxtWave shall not be liable for the same in any manner whatsoever. 

3. The Candidate (in case of a minor, the parents / legal guardians) assumes all risks and accepts sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability or expense, of any kind, that such Candidate may experience or incur in connection with the Program or during the course of the Program. The Candidate (in case of a minor, the parents / legal guardians) hereby releases, covenants not to sue, discharges and holds harmless NxtWave, its employees, agents, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

   
   

16. Representations and Warranties 

By enrolling into our Program, you (in case of a minor, the parents / legal guardians) hereby represent and warrant to NxtWave that: 

1. You have read the provisions of the T&C and have agreed to the same at your own risk and will; 

2. You are competent to enter into a contract with NxtWave and accept this T&C in accordance with the provisions of the Indian Contract Act, 1872; 

3. All the data provided by you at the time of enrolment and during the course of the Program is accurate and complete and not misleading or incorrect; 

4. The Created IP (as defined below) developed by you during the course of the Program is not illegal, obscene, threatening, objectionable, defamatory, invasive of privacy, infringing any third party's intellectual property rights, or otherwise injurious to any third party; and 

5. You own and / or have the necessary licenses, rights, consents, and permissions to publish, share, and make available to NxtWave, the information, source codes, computer codes, ideas, design, etc., submitted during the course of the Program,  

   (collectively, “Candidate Representations and Warranties”). 

   
   

17. Intellectual Property 

1. All rights, title, and ownership in relation to the Program and the NxtWave Material, including all text, graphics, logos, user interfaces, visual interfaces, sounds, artwork and computer code are owned and controlled by NxtWave and/or its licensors (“NxtWave IP”) and the design, structure, selection, expression and arrangement of such NxtWave IP are protected under the applicable laws of India, and shall exclusively vest with NxtWave. Except as provided under paragraph 10 above, the Candidate is not permitted to use, publish, or exploit the NxtWave IP, for commercial gains or otherwise, without the prior written consent of NxtWave. 

2. During the course of the Program, you may create, develop, contribute or provide your comments, suggestions, questions, text, content, information, work, and / or develop concepts, ideas, inventions, designs, computer code, artwork and other related content in connection with availing the Services from NxtWave, including any photograph, video, audio, testimonial (oral or written), feedback, achievements, performance updates, progress data, and any other content or materials featuring you or provided by you at any time in connection with the Program (“Created IP”). Any Created IP developed by you with the help of and / or by utilizing, whether directly or indirectly, the NxtWave Material, NxtWave IP and/ or the facilities, infrastructure and resources made available by NxtWave, and all intellectual property rights attached to such Created IP, shall exclusively vest with the Company. In this regard, NxtWave will enjoy a royalty-free, worldwide, transferable, exclusive, unrestricted, perpetual, and irrevocable right, and you hereby expressly and irrevocably grant NxtWave such right, to use, record, capture, reproduce, publish, display, edit, adapt, distribute, access, view, crop, resize, index, analyze, categorize, archive, copy, sub-license, transmit, broadcast, publicly perform, publicly display, prepare derivative works, sell, advertise, and market the Created IP (and all intellectual property rights attached to such Created IP) for further developing the Program and / or for any purpose as NxtWave may deem fit, and in any manner or medium whatsoever, whether now known or hereinafter developed at any time in connection with the Program, including but not limited to print, digital, social media, audiovisual, and public-facing platforms, for any lawful purpose including but not limited to educational, promotional, marketing, advertising, training, editorial, governance and commercial purposes. 

3. This includes the right to add captions, resize, crop, index, categorize, archive, or otherwise modify the Created IP to ensure accessibility or to better serve the needs of NxtWave and its stakeholders. You acknowledge and agree that you shall not be entitled to any compensation, royalty, or other payment from NxtWave or any third party in relation to the use, commercialization, or exploitation of the Created IP.  

18. Dispute Resolution and Governing law 

1. All disputes, complaints, or grievances arising between the Parties during the subsistence of the T&C or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this T&C, including the question as to whether the termination of the T&C by any Party hereto has been legitimate (“Dispute”), must be addressed to NxtWave. Candidates (in case of minors, the parents / legal guardians) must submit their concerns in writing to the grievance officer designated by NxtWave at: legal@nxtwave.co.in, and the Parties shall endeavour to settle the Dispute amicably. 

2. In case the attempt to bring about an amicable settlement has failed, the Dispute shall be referred to a sole arbitrator mutually appointed by the Parties in accordance with the Arbitration and Conciliation Act, 1996, whose decision shall be final and binding upon the Parties. The proceeding shall be conducted in English, and the seat and venue of the arbitration shall be Hyderabad. 

3. These T&C and the relationship between the Parties shall be governed by, and interpreted in accordance with, the laws of India. Subject to paragraph (b) above, the courts in Hyderabad, India shall have exclusive jurisdiction over all Disputes arising pursuant to the Program or T&C. 

   
   

19. General Provisions

1. Communications: All notices or other communications to be given by NxtWave under this T&C, shall be communicated via email to your registered email address or as a notification on our learning platform. 

2. Entire Agreement: These T&C and any other instructions and guidelines as may be issued by NxtWave from time to time, constitute the entire agreement and understanding between NxtWave and the Candidate (in case of minor, the parents / legal guardians) in relation to the Program / Services provided by NxtWave, and supersedes all previous communications, negotiations, commitments, arrangements, agreements, either oral or written between the Parties in respect of the subject matter hereof. 

3. Assignment: You cannot assign or transfer your obligations under the T&C to any third party. NxtWave reserves the right to freely transfer and / or assign this T&C, in part or in full, to any other third party, without your consent. 

4. Severability: If any provision of the T&C becomes or is held to be invalid, ineffective or unenforceable, all other provisions hereof shall remain in full force and effect. The invalid, ineffective or unenforceable provision shall be deemed to be automatically amended and replaced without the necessity of further action by the Parties hereto by such form, substance, time, matter and jurisdiction as shall be valid, effective and enforceable and as shall accomplish as far as possible the purpose and intent of the invalid, ineffective or unenforceable provision. 

5. Waiver: No waiver of any breach of any provision of the T&C shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the waiving Party. 

6. Relationship: Nothing contained therein, including your participation in Program constitutes a relationship of employment, agency, partnership, joint venture, or franchise with NxtWave. 

7. Amendments: We reserve the right to modify the T&C in whole or in part, at any time at our discretion. Each such updation or modification to the T&C will be communicated to you via email on your registered email address. You are requested to refer to these T&C from time to time to keep yourself updated about such changes. Continued enrolment of the Candidate after 3 (three) days from the date on which such changes were notified will be deemed that you have consented to such changes, and that you have agreed to be legally bound by terms of such revised T&C. 

8. Survival: Notwithstanding anything contained in the T&C, the provisions of paragraphs 13 (Confidentiality), 14 (Indemnification), 15 (Limitation of Liability), 16 (Representations and Warranties), 17 (Intellectual Property), 18 (Dispute Resolution and Governing Law), 19 (General Provisions) and this paragraph 19 (h) shall survive the termination of the T&C. 

9. Force majeure: NxtWave shall not be liable for any failure or delay in performing its obligations under the T&C, if such failure or delay is due to causes beyond its reasonable control, including but not limited to natural disasters, war, acts of terrorism, pandemics, government actions, change in applicable laws (“Force Majeure Event”). It being clarified that any delay / failure by NxtWave to perform its obligations under the T&C during the subsistence of the Force Majeure Event, will not result in the breach of the T&C by NxtWave, and NxtWave will not be required to refund any fees paid by the Candidates and / or cancel the Program

   
   

If you have any questions about these T&C, please contact us by email on the following address: legal@nxtwave.co.in