THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to https://www.amplify.org.in/, along with its associated mobile applications, sub-domains, sites,services and tools (as applicable) (the “Platform”), owned by AMPLIFY, a partnership incorporated under the Partnership Act, 1932 and having its office at 46C, 19 th Floor, Everest House, Jawaharlal Road, Kankaria Estates, Park Street Area, Kolkata, West Bengal – 700071. (hereinafter referred to as the “Company” or “We” or “Us” (and derivates)).
1. MEMBERSHIP ELIGIBILITY
Use of the Platform is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un- discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. The Company reserves the right to terminate any person’s membership in accordance with these Terms and/or refuse to provide such person with access to the Platform if it is brought to the notice of the Company or if the Company discovers for itself that such person is not eligible to use the Platform.
2. ACCEPTANCE OF TERMS
2.1 You are required to carefully read these Terms, as it contains the terms and conditions governing the use of the Platform and any content such as text, data, information, software, graphics, audio,video, or photographs etc. that the Company may make available through the Platform along with any Services (defined below) that the Company may provide through the Platform. By further accessing or using the Platform, You are agreeing to these Terms and entering into a legally binding contract with the Company. You may not use the Platform if You do not accept these Terms or are unable to be bound by these Terms.
2.2 In order to use the Platform, You must first agree to these Terms. You can accept these Terms by:
2.2.1. Registering for and purchasing the Services provided by the Company on the Platform;
2.2.2. Actual usage of the Platform. In this case, You understand and agree that the Company will treat Your use of the Platform as acceptance of these Terms from that point onwards; or
2.2.3. By clicking to accept these Terms, if and when prompted on the Platform.
3. OPENING AN ACCOUNT
3.1 The Platform allows only limited and restricted access to the Services for unregistered users.
3.2 In order to avail the Services, You will have to create an account on the Platform to purchase the Services provided by the Company (“User Account”), which can be done by providing/ using the following: (a) the e-mail address and password; (b) Facebook or Google login; or (c) such other login credentials that are adopted by the Company from time to time and duly intimated to You.Upon entering the required details, You may either receive a One Time Password (OTP) on Your mobile number, email address or any other medium adopted by the Company, for the purpose of verification of Your User Account or Your User Account may be verified by such other auto verification process adopted by the Company from time to time and duly intimated to You. Upon completion of verification, the User Account is created and is ready for use. You shall not transfer or share Your User Account information with anyone or create more than one User Account.
3.3 While signing-up with the Company to use the Platform, You shall not:
3.3.1 create a User Account for anyone other than You, unless such person's prior permission has been obtained;
3.3.2 use a User Account that is the name of another person with the intent to impersonate that person; or
3.3.3 create more than one User Account on the Platform.
3.4 The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause.
3.5 You hereby confirm and undertake that the information provided by You while signing-up is and will be true, accurate, up-to- date, and complete at all times. You agree that if You provide any information to the Company that is untrue, inaccurate, not up- to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, the Company shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide You access to the Platform.
3.6 Once registered, in order to log into the User Account on the Platform, You will be required to provide the following: (a) the e- mail or mobile number used at the time of signing-up and One Time Password (OTP); (b) Facebook or Google login or (c) such other login credentials that are adopted by the Company from time to time and duly intimated to You for logging into the User Account on the Platform (“Login Credentials”).
4. ACCOUNT CONFIDENTIALITY OBLIGATIONS
4.1 You agree that the sole responsibility of maintaining the security and confidentiality of the Login Credentials rests with You at all times. You shall not share these You Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.
4.2 The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the User Account.
4.3 You are solely responsible for all activities that occur under the User Account and/or You undertake on the Platform and hereby undertake that no such activity shall be unlawful or in violation of any applicable laws, rules, and regulations of India.
4.4 In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of Your use of the Platform or the Login Credentials, theft of the Login Credentials or release by You of the Login Credentials to a third party, or Your authorization to allow another person to access and use the Platform using the User Account.
4.5 In case of any misappropriation or unauthorized access of the User Account, You agree to communicate the same to the Company immediately, in a manner indicated by the Company. You shall further ensure that You exit/ log out from the User Account at the end of each session. The Company shall not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for any losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of the User Account, as a result of Your failure in keeping the Login Credentials confidential.
4.6 You agree that the information provided by You to the Company, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if You provide any information that is untrue, inaccurate, not up-to- date or incomplete or becomes untrue, inaccurate or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, the Company shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide You access to the Platform. You are advised to use due caution when providing any information to the Company accordingly.
4.7 You understand that through registering on the Platform, You agree to comply with these Terms, and any other terms that may be notified to You in the future. If You do not agree with any of the terms, You are requested to not use the Platform. You agree that the Company shall be entitled to revoke, cancel, and expire Your access to the Platform if it comes to the Company’s notice that You are in violation of any of the terms contained in these Terms.
5.1. You will need to register and comply with these Terms in order to be able to use and access the services on the Platform, which includes (a) providing online classes via third party applications or a learning management software; (b) responding to your queries; or (c) providing such other services as may be made available on the Platform from time to time (“Services”). The Company is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arising out of Your use of any Service on or through the Platform.
5.2. The Platform and the Services provided therein are compatible only with the following devices/tablets/instruments/hardware [Desktops, Mobile Phones, Smart Tabs] (hereinafter, the “Devices”). It is Your sole responsibility to ensure that the necessary Devices are in Your possession to enable Your use of the Platform and the Services therein.
5.3. The Company is merely a learning platform that assists You in gaining knowledge pertaining to the subject matter of the Services being undertaken by You and is not in the business of providing You with career opportunities. The Company neither offers nor guarantees any recruitment or job opportunities on availing the Services of the Company through the Platform.
5.4. You understand, acknowledge, and agree that the Company merely acts as an intermediary pertaining to the subject matter and will not be a party to any interaction (including, without limitation, any payment transactions) and will take no liability arising from such interaction. The Company plays the role of a facilitator only.
5.5. Further, You understand, acknowledge, and agree that the Services provided by the Company do not grant any academic credit on completion of the Services. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of the Services do not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. The Company has no obligation to have the Services recognized by any educational institution or accreditation organization. On Your successful completion of the course, the Company may, at its sole discretion, choose to issue You a certificate of completion. It is being expressly clarified that an issuance of a certificate of completion by the Company does neither amount to academic credit nor does it guarantee any recruitment or job opportunities.
5.6. The Company shall provide recording of each lecture conducted by the Company to You. You understand, acknowledge and agree to not (a) copy, transfer, rebrand, sub-licence, reverse engineer, modify, repackage, sell or deliver any course material, recording, and content provided to You by the Company while performing the Services, via any other third party application or alternative online platforms; and/or (b) create and offer competing or derivative Services to other third parties based on the course material, recording, and content provided to You by the Company while performing the Services.
5.7. It is being expressly clarified that the course material, recording, and content provided to You by the Company while performing the Services is not a substitute for and does not constitute professional advice and should not be relied upon. You acknowledge that You are using the course material, recording, and content provided to You by the Company at Your own risk, after exercising your prudent judgment. Further, You understand, acknowledge, and agree that option trading carries high risk, and the Company shall not be held liable for any loss suffered by You, arising out of usage of the techniques of trade taught by the Company to You.
5.8. The provision of Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. The Company strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the Company is not liable for any disruption or loss You may suffer as a result.
5.9. The Company may discontinue some or all the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and Platforms, at any time.
6. USE OF THE PLATFORM
6.1. You agree, undertake, and covenant that, during the use of the Platform, You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
6.1.1 belongs to another person or entity and to which You do not have any right;
6.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the laws in force in any manner whatsoever;
6.1.3 could be construed as divisive/stereotyping and should be avoided if it could be interpreted as 'hateful&' (Gender exclusive content is excluded from this, provided it is positive);
6.1.4 is harmful to children;
6.1.5 is misleading in any way;
6.1.6 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing "spamming";
6.1.7 infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;
6.1.8 contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;
6.1.9 impersonates another person or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
6.1.10 provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;
6.1.11 tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;
6.1.12 engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
6.1.13 exploits controversial political or social issues for commercial purposes;
6.1.14 interferes with another user’s use of the Platform;
6.1.15 refers to any Platform or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms;
6.1.16 deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as
6.1.17 serves to communicate fake, inaccurate or misleading information including fake, inaccurate or misleading news or facts;
6.1.18 contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
6.1.19 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
6.1.20 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
6.1.21 contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data, or personal information; or
6.1.22 violates any law for the time being in force.
6.2. You agree and acknowledge that (a) You shall not use the Platform for any illegal or unauthorized purpose; and (b) Your use of any information or materials on the Platform is entirely at the Your own risk, for which the Company shall not be liable. You agree to comply with all laws, rules, and regulations applicable to the use of the Platform. You further agree and acknowledge that You shall use the Platform to purchase the Services only for Your personal use and not for business purposes or any commercial exploitation.
6.3. You shall not use anyone else’s account at any time and the Company shall not be liable for any claims arising out of such authorised or unauthorised use.
6.4. The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure Your compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.
7. AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms, consent to the receipt of communication from the Company, its instructors, and the associated content providers by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to Your registration, transactions that You carry out through the Platform, promotions that are undertaken by the Company, services from the Company, and its third-party partners, as applicable.
8. LINKS TO THIRD PARTY WEBSITES
The Platform may contain links and interactive functionality interacting with websites of other third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such other websites. Before enabling any sharing functions to communicate with any other website or otherwise visiting any such websites, the Company strongly recommends that You review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such other third-] party website.
9. YOUR POSTS AND REVIEWS
9.1 The Platform may allow You to post certain content, data or information belonging to You, such as reviewing and allowing You to share Your experience and views about a particular Service, rate instructors, post Your comments and reviews in relation to contents and/or Services on the Platform, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Platform (collectively referred to “User Content”).
9.2 You, being the originator of the User Content, is responsible for the User Content that You upload, post, publish, transmit, or otherwise make available on the Platform. You represent that You exclusively own the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Platform.
9.3 In case a third party appears in a User Content, You confirm that You have obtained prior consent of such third party before uploading or posting such User Content. You further agree that You shall indemnify the Company against any and all claims raised by such third party with respect to the User Content.
9.4 You hereby grant the Company a perpetual, non-revocable, worldwide, royalty-free and sub- licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company, any and all Platforms owned by the Company on any social media channels including but not limited to Instagram, Facebook and Twitter.
9.5 You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content You supply does not breach these Terms; and (c) such User Content is lawful.
9.6 You further represent and warrant that while posting any User Content on the Platform, You shall not use any offensive, libellous, derogatory, hateful, or racially or ethnically objectionable language. Further, You shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.
10. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
10.1 Other than the User Content, the Company solely and exclusively owns course material, recordings, copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s Services provided on the Platform and contents (“Platform Content”) and is protected under Indian law.
10.2 Through Your use of the Platform, by no means are any rights impliedly or expressly granted to You in respect of such Platform Content. The Company reserves the right to change or modify the Services and/or the Platform Content (as the case may be) from time to time at its sole discretion.
10.3 You hereby acknowledge that the Platform Content and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. You thereby agree to protect the proprietary rights of the Company and such others during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for Your own personal use and for no commercial purposes whatsoever.
10.4 You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Platform, including Your use of any Platform Content; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other Services; (g) use the Platform for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any Services; or (i) derive any confidential information, processes, data or algorithms from the Platform.
10.5 Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available remedies under applicable laws of the country.
11. RIGHTS & RESERVATIONS
11.1. The Company reserves the right to:
11.1.1 Make all decisions in relation to inter alia Your registration with the Company;
11.1.2 Request additional information from You for the purpose of Your registration as a user with the Platform or provision of the Services; and
11.1.3 Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by You; (ii) attempt(s) to assign or transfer any rights granted to You under these Terms; and/or (iii) violation of any of the provisions of these Terms or any applicable laws.
12. TERMINATION OF ACCESS TO SERVICES
12.1. User Account can be terminated at any time by:
12.1.1 You, by requesting for such termination/deactivation of User Account on the Platform; or by
12.1.2 the Company, in its sole discretion, for any reason or no reason including Your violation of these Terms or lack of use of Services.
12.2. You acknowledge that the termination of Services may come into effect without any prior notice, and the Company shall, thereafter, immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Services, subject to applicable law. Further, You agree that the Company shall not be liable for any discontinuation or termination of services by any third party.
12.3. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive
any termination of these Terms.
You hereby represent and warrant that You have validly entered into these Terms and have the legal power to do so. You further represent and warrant that You shall be solely responsible for the due compliance with these Terms.
14. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY THE COMPANY AND/OR THE INSTRCTORS ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE PLATFORM IN RELATION TO WHICH THE COMPANY MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES IN ORDER TO FACILITATE THE PROVISION OF SERVICES TO YOU THROUGH THE PLATFORM. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS, OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF PLATFORM IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE PLATFORM OR CONTENT SHALL CREATE ANY WARRANTY.
TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ANY WARRANTY THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (AS APPLICABLE), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE PLATFORM AND FROM ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY WITH RESPECT TO THE SERVICES PROVIDED BY ANY THIRD PARTY.
15. LIMITATION OF LIABILITY
In no event shall the Company, its affiliates and each of its respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Services on the Platform or the failure of the Services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of Your data arising from any use of or inability to use any Content or other parts of the Platform; (f) Your failure to keep Login Credentials or User Account details secure and confidential; (g) non-availability of the Services in certain geographical areas; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The Company shall not be liable under any circumstance for damages arising out of or in any way related to Services and/or information provided by instructors and third parties through the Platform.
18. SEVERABILITY AND WAIVER
It is expressly agreed by the parties that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to You, except to the extent provided by law.
20. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Kolkata, West Bengal. In the event of any dispute arising out of these Terms, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties, and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Kolkata, West Bengal.
21. GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Adrian John
Address: 46C, 19 th Floor, Everest House, Jawaharlal Nehru Road, Kankaria Estates, Park Street
Area, Kolkata, West Bengal – 700071
Phone Number: +91-9874499818/ +91-9619711009]
For registering Your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of the Terms of Service or the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
22. HOW TO CONTACT US
If You have questions or concerns about these Terms, You may contact the Company at firstname.lastname@example.org.