Terms of
Use
These Terms of Use set out the terms and conditions for use
of this Tradeshala ( “Website”) and any content, Public Forums, or
services offered on or through the Website and/or through any mobile
application(s) ( “Application”) (collectively referred to as
the “Platform”).
These Terms of Use apply to end users of the Website (referred to
as “Learners”, “You”, “Your”). These Terms of Use, including the Privacy Policy and any other terms
and conditions published on the Platform or communicated to you from time to
time (collectively referred to as the “Agreement”), define the relationship and
responsibilities between You and Creator (as defined herein) in using the Platform.
Your access to the Platform is subject to Your acceptance of this Agreement.
Hence, please take Your time to read this Agreement.
When we speak of “Creator”, ‘we’, ‘us’, and ‘our’, we collectively
mean Tradeshala being the creator of this Platform and the
content/materials/services contained therein.
By accessing this Platform, you are agreeing to be bound by the terms of this
Agreement, all applicable laws and regulations. From time-to-time, versions of
the above-mentioned policies and terms are made available on the Platform for
Your reference and to understand how we handle Your personal information. By
using or visiting the Platform and services provided to You on, from, or
through the Platform, you are expressly agreeing to the terms of the Agreement
and any other terms that are updated from time to time.
If You disagree with any part of this Agreement or do not wish to be bound by
the same, then please do not use the Platform in any manner.
1.
Access and
Registration: If You’re an individual You must be at least 18
(eighteen) years of age, or, if You are between the ages of 13 and 18, You must
have Your parent or legal guardian's permission to use the Platform. By using
the Platform, You are, through Your actions, representing and warranting to us
that You have obtained the appropriate consents/permissions to use the
Platform. If You are under the age of 13 years or 16 years (depending on your
country of reisdence), You may neither use our Platform in any manner nor may You
register for any content or services offered therein.
To access any Content (as defined below) offered on the Platform, we require
You to register for the same by providing Your name and email address. Please
read our Privacy Policy to understand how we handle Your information. Further,
You may also be required to make payment of a fee to access the Content, if
applicable. For more information, please read our ‘Payments & Refunds’
section below. You represent that the information indicated by You during Your
enrolment or registration for any Content on the Platform, is true and
complete, that You meet the eligibility requirements for use of the Platform
and the Content offered therein, and You agree to update us upon any changes to
the information by writing to us at the contact information provided in the
‘Contact Us’ section below.
For the purpose of this Agreement, “Content” shall
mean and include any course or session (whether pre-recorded or live) published
by the Creator on the Platform, including, but not limited to any reference
materials and text files (if any) offered to You as part of the Content.
When You register or enrol for any Content on the Platform,
You may also have access to discussion forums that enables You to exchange Your
thoughts, knowledge in relation to the Content or its subject-matter, with us
and other registrants to the Content (“Public Forum”). Participating in
the Public Forum is completely Your choice and by registering or enrolling to a
Content on the Platform, You are not obligated to participate in such Public
Forum.
We maintain and reserve the right to refuse access to the Platform or remove
content posted by You in the Public Forums, at any time without notice to You,
if, in our opinion, You have violated any provision of this Agreement.
Further, to access the Platform and/or view the content on the Platform, You
will need to use a “Supported/Compatible Device” which means a
personal computer, mobile phone, portable media player, or other electronic
device that meets the system and compatibility requirements and on which You
are authorized to operate the Platform. The Supported/Compatible Devices to
access the Platform may change from time to time and, in some cases, whether a
device is (or remains) a Supported/Compatible Device may depend on software or
systems provided or maintained by the device manufacturer or other third
parties. Accordingly, devices that are Supported/Compatible Devices at one time
may cease to be Supported/Compatible Devices in the future. Thus, kindly make
sure that the device that You use is compatible with any of the
systems/software used on the Platform to access the content/material offered
therein.
2.
License to Use: You are granted a limited, non-exclusive
license to access and view the Content on the Platform for Your own personal,
non-commercial use only. Further, if so allowed on the Platform, You may
temporarily download one copy of any downloadable Content [including Creator
Content (defined below)] on the Platform for personal and non-commercial
transitory viewing only.
This license does not grant You the right to assign or sublicense the license
granted under this Agreement to anyone else. Further, You may not-
a.
modifies, edit or copy the Content, Creator
Content or any material made available on the Platform.
b.
create derivative works or exploit any material
made available on the Platform (including the Content and Creator Content) or
any portion thereof (including, but not limited to any copyrighted material,
trademarks, or other proprietary information contained therein) in manner that
is not permitted under this license granted to You;
c.
publicly display (commercially or
non-commercially) the Content, Creator Content or any material made available
on the Platform or otherwise use the same for any commercial purpose.
d.
attempt
to decompile or reverse engineer any software contained in the Platform;
e.
remove any copyright or other proprietary
notations from the Content, Creator Content or any material made available on
the Platform;
f.
or transfer the any material made available on
the Platform to another person or 'mirror' the same on any other server.
For the purpose of this Agreement, “Creator
Content” shall mean and include any audio files, video files, audio-visual
files, images, text materials (including .doc, .docx, and .pdfs) (other than
the Content) uploaded or otherwise published on the Platform by the Creator to
be accessed by You, including, but not limited to any such content/material
posted by the Creator in any Public Forum (defined below).
This license shall automatically terminate if You violate
any of these restrictions and may be terminated by us at any time. Upon
termination of this license granted to You or Your viewing of any material on
the Platform (including Content and Creator Content), You must destroy any
downloaded materials in Your possession (whether in electronic or printed
format).
3.
Communications: The Platform includes provision and
facilitation of Public Forums designed to enable You to communicate with us and
other registrants to the Content You have registered for. As stated above, use
of these Public Forums are completely your choice and by registering for a
Content, you are not obligated to participate in the Public Forum. However, if
You choose to participate, You agree to adhere to the terms specified in
the ‘Code of Conduct’ section hereinbelow and such other terms as may
be published on our Platform. If it comes to our notice that Your conduct is in
violation of the terms of this Agreement, then we may terminate or suspend Your
access to any Public Forums at any time, without notice, for any reason. You
represent and warrant that You own and control all rights in and to any content
(including without limitation chats, postings, or materials) uploaded or posted
by You on the Public Forums or anywhere on the Platform (“Learner
Content”), or that You are licensed to use and reproduce such Learner Content.
We are not responsible for the information that You choose to share on the
Public Forums, or for the actions of other users therein. You further
understand and agree that You, shall be solely responsible for the Learner
Content including its legality, reliability, accuracy, and appropriateness, and
the consequences of its publication.
Further, if you do post content or submit any Learner Content on the Platform,
and unless otherwise indicated by You in writing (emails included) to us, You
hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully
sublicensable rights to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such Learner Content
throughout the world in any media.
4.
Code of Conduct: You agree to the following:
a.
Legitimate usage of the Platform: You
agree to use the Platform only for lawful purposes and You are not allowed to
use our Platform to engage in any kind of activity that violates any applicable
central, state, local, federal or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and
from the USA or other countries). Also, You agree that You will not use the
Platform in any manner that would disrupt, damage or impair the Platform or
access to it, in any manner, including promoting or encouraging illegal
activity such as hacking, cracking or distribution of counterfeit software,
compromised accounts, or cheats or hacks for the Platform and conduct of any
form of fraudulent activity.
b.
No harmful or dangerous content: Any
content which incites or promotes violence, that may cause physical or
emotional harm or that may endanger the safety of any individual or is
otherwise objectionable is expressly prohibited on the Platform. The Platform
is to be used only for the permitted uses as detailed under this Agreement.
c.
No hateful or defamatory content: We
realise that there may be instances when there are exchange of ideas and
opinions which is essential in the learning process, while we agree that
individuals have the right to voice their opinion, we do not encourage or
tolerate any form of hate speech or statements that are libelous, slanderous,
threatening, violent, predatory, defamatory, or any statement that incites
hatred against specific individuals or groups with respect to but not limited
to race or ethnic origin, country caste, religion, disability, gender, age,
sexual orientation/gender identity etc.
d.
Violent and
graphic content: Any content, the sole objective of which is to
sensationalise, shock or disturb individuals is not allowed. We do not allow
any content that promotes terrorist acts or incites violence, to be uploaded on
the Platform in any manner.
e.
Harassment and bullying: We do
not tolerate any form of harassment or bullying on the Platform and strive to
keep the Platform a safe space to foster learning. Harassment in this case
would include, without limitation, to abusive videos, comments, messages,
revealing someone’s personal information, including sensitive personally
identifiable information of individuals, content or comments uploaded in order
to humiliate someone, sexual harassment or sexual bullying in any form.
f.
Spam: Posting untargeted, unwanted and
repetitive content, comments or messages with an intention to spam a Public
Forum or otherwise the Platform and to drive traffic from the Platform to other
third-party sites is in direct violation of this Agreement. Posting links to
external websites with malware and other prohibited sites is not allowed.
g.
Scams: Any content uploaded or
posted in order to trick others for their own financial gain is not allowed and
we do not tolerate any practices of extortion or blackmail, either.
h.
Privacy violation: Kindly refer to our
Privacy Policy to know how to protect Your privacy and respect the privacy of
other Users.
i.
Impersonation: Impersonating another
person, including but not limited to, another learner, is not permitted while
using our Platform. In this case impersonation would mean the intention to
cause confusion regarding who the real person is by pretending to be them (such
as using names, image, documents, certificates etc. not belonging to You or not
used to identify You, or pretending to be a company, institute, group etc., by
using their logo, brand name or any distinguishing mark).
j.
Unauthorized Access or Disabling of Platform: You
agree not to (i) use the Platform in any manner that could disable, overburden,
damage, or impair the Platform or interfere with any other user’s use of the
Platform; (ii) not to use any manual process to monitor or copy any of the
material on the Platform or for any unauthorized purpose; (iii) use any device,
software, or routine that interferes with the proper working of the Platform;
(iv) attack the Platform via a denial-of-service attack; (v) attempt to gain
unauthorized access to, interfere with, or disrupt any parts of the Platform,
the server on which the Platform is stored, or any server, computer, or
database connected to or associated with the Platform; and (vi) introduce any
viruses, trojan horses, worms, keystroke loggers, malware, or other material
which is malicious or technologically harmful to the Platform.
If any violation of the above rules of conduct comes to our
notice, then, we reserve the right to refuse Your access to the Platform,
terminate accounts or remove such violating content at any time without notice
to You.
5.
Intellectual
Property:
We own all information and materials, including Content and Creator Content (in
whatever form or media) provided or communicated to You by or on behalf of us
including but not limited to, the Platform, trademarks, trade dress, logos,
wordmarks, illustrations, letters, images, ideas, concepts, the layout, design,
flow, look and feel of the Platform, logos, marks, graphics, audio files, video
files, any software which is owned by or licensed to us, instructions embedded
in any form of digital documents and other data, information, or material made
available to You by us (“Creator’s Intellectual Property”). Creator’s
Intellectual Property, including the copyrights and trademarks contained
therein, may not be modified by You in any way. You acknowledge and agree that
You do not acquire any ownership rights to Creator’s Intellectual Property by
use of the Platform or any part thereof. You acknowledge and agree that the
Creator’s Intellectual Property is protected by the applicable intellectual
property laws, including international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws and any
unauthorized use, reproduction, modification, distribution, transmission,
republication, display or performance of the Creator’s Intellectual Property or
any component thereof is strictly prohibited.
6.
Feedback: If You submit suggestions, ideas, comments, or
questions containing product feedback about any Content, the Platform or any
part thereof, either through the Public Forum or otherwise (“Feedback”),
then You grants to us a worldwide, non-exclusive, royalty-free, perpetual, and
irrevocable right to use (and full right to sublicense), reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, transmit,
and display such Feedback in any form. You shall have no intellectual property
right in any Content, Platform or any part thereof, as a result of our
incorporation of Feedback into any Content or the Platform.
7.
Payments and
Refunds: To register/enrol for any
Content, You may need to pay a fee as may be applicable (“Content Fee”).
Please refer to our Platform to know the pricing. Payment of such Content Fee
shall be processed through third-party payment processors. Your payments may be
subject to applicable taxes, so we suggest that You read terms and policies of
of such third party payment processors to understand the same better. Once You
purchase access to a Content on the Platform, the same cannot be cancelled and
there shall be no refund of the Content Fee, unless otherwise stated in our Refund Policy
As stated above, we use third-party service providers to enable You to make
payment for the purchases made on the Platform. Accordingly, it is hereby
clarified that we do not capture and/or store any of your sensitive personal
information. While making payments through such third-party payment
gateways/service providers kindly ensure to read through their terms and
conditions.
8.
Disclaimer: THE PLATFORM IS PROVIDED TO YOU "AS
IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT
WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE
CREATOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR
RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT
LIMITATION TO THE FOREGOING, THE CREATOR PROVIDES NO WARRANTY OR UNDERTAKING,
AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM OR THE SERVICES OR
PRODUCTS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED
RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS
OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY
STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE CREATOR MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE
PLATFORM, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED
THEREON; (II) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS
TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT
PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE PLATFORM, ITS SERVERS, THE
CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE CREATOR ARE FREE OF VIRUSES,
SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE
ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE
EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST
EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
9.
Limitation of
Liability: In no event shall the Creator be liable for any
damages (including, without limitation, damages for loss of data or profit, or
due to business interruption) arising out of the use or inability to use the
Content or any other materials on the Platform, even if the Creator or any
authorized personnel of the Creator has been notified orally or in writing of
the possibility of such damage. Some jurisdictions do not allow limitations on
implied warranties, or limitations of liability for consequential or incidental
damages, so, some or all of these limitations may not apply to You.
10.
Indemnity and
Release: You shall indemnify and
hold harmless the Creator and where applicable, its officers, directors, agents
and employees, from any claim or demand, or actions including reasonable
attorney's fees, made by any third party or penalty imposed due to or arising
out of Your breach of this Agreement or any document incorporated by reference,
or Your violation of any law, rules, regulations or the rights of a third
party.
11.
Links to Third Party
Website: Creator has not reviewed
all of the sites linked to its Platform and is not responsible for the contents
of any such linked site. The inclusion of any link does not imply endorsement
by the Creator of such site. Use of any such linked website is at the Your own
risk.
12.
Governing Law and
Jurisdiction: Any claim
relating to the Platform shall be governed by the laws of the Creator’s home
jurisdiction (as provided on the Platform) without regard to its conflict of
law provisions. You agree, as we do, to submit to the exclusive jurisdiction of
the courts at Creator’s home jurisdiction.
13.
Miscellaneous:
a.
Alteration of Platform or Amendments to the
Conditions: We reserve the right to make changes to our
Platform, policies, and this Agreement at any time. We will post the new terms
with a revision date indicated at the top or if deemed practicable. You should
check our Platform frequently to see recent changes. You will be subject to the
Agreement and the policies in force at the time that You use the Platform or
any part thereof, unless any change to those policies or these conditions is
required to be made by law or government authority (in which case it will apply
to orders previously placed by You). If any of these conditions is deemed
invalid, void, or for any reason unenforceable, that condition will be deemed
severable and will not affect the validity and enforceability of any remaining
condition.
b.
Waiver: If You breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where You breach these conditions.
c.
Assignment: You may not assign or
transfer this Agreement, by operation or law or otherwise. Any attempt by You
to assign or transfer this Agreement will be null and void.
d.
Severability: If any provision of
this Agreement will be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision will be limited to the minimum extent
necessary so that this Agreement will otherwise remain in effect.
e.
Events beyond our reasonable control: We
will not be held responsible for any delay or failure to comply with our
obligations under these conditions if the delay or failure arises from any
cause which is beyond our reasonable control. This condition does not affect
Your statutory rights.
Contact Us: If
You’ve have concerns or queries regarding this Agreement, You may write to us
by email at info@tradeshala.co.in