Terms and Conditions
© Oneistox Inc., including its holding company, subsidiaries, affiliates, associate/group companies and licensors welcomes you to its Platform, https://oneistox.in/.
These Terms (as defined below) set out the essential terms and conditions that govern: (i) our relationship with you and clearly define and document our rights, responsibilities, and obligations; (ii) your access to and use of the Platform and the Services (as defined below) provided by the Company; and (iii) the transactions and activities undertaken by you pursuant to the Services. These Terms are incorporated into and form part of the contract between you and us, including when you register yourself with us.
2. TERMS AND CONDITIONS
These Terms constitute an electronic record within the meaning of Applicable Law (as defined below) and do not require any physical or digital signatures. These Terms are published in compliance with, and are governed by, the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
Subject to these Terms, use of the Platform and Services is available only to Persons (as defined below) who can enter into legally binding contracts under Applicable Law and the Services are not targeted towards, nor intended for use by, anyone under the age of 18 (Eighteen) years or anyone who is disqualified or not competent to enter into a contract under the Indian Contract Act, 1872 or any other Applicable Law. By using the Platform or the Services, you represent and warrant that you are 18 (Eighteen) years of age or older and competent to enter into a contract. If you are under the age of 18 (Eighteen) years or the legal age of majority in your jurisdiction, your parent, or legal guardian must agree to these Terms on your behalf. Subject to the foregoing if you are not competent to enter into a contract for any reason whatsoever, you shall not, under any circumstances or for any reason, use the Platform or the Services. We may, in our sole discretion, refuse to offer the Services to any Person and/or change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms are in compliance with all Laws applicable to you and the right to access the Platform and the Services is revoked where the Platform or the Services is prohibited or to the extent offering, sale or provision of the Platform and the Services conflicts with any Applicable Law.
The Platform is operated and controlled by us in India, and the content provided on or accessible through the Platform is not directed to any other jurisdiction or country, including any jurisdiction or country where such distribution or use would be contrary to Law or that would subject the Company to any registration or other requirement within such jurisdiction or country. Access to the Platform/Services from countries, territories, and jurisdictions where such access is illegal, is prohibited.
If you are using the Services on behalf of an entity, company, or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company, or organization/association to these Terms; and (ii) agree to be bound by these Terms on behalf of such entity, company or organization/association.
If you are using the Services on behalf of any other Person (whether under his authority or otherwise), you represent and warrant that you: (i) have the authority to bind such Person to these Terms; and (ii) agree to be bound by these Terms on behalf of such Person.
Vising, browsing, accessing, or using the Platform and/or the Services constitutes your unconditional acceptance and agreement to be legally bound by these Terms, whether or not you are a registered user.
A minor may access and use the Platform if enabled by a parent or legal guardian. If you are considered a minor in your jurisdiction, you represent that you have your parent’s or legal guardian’s permission to use the Platform and the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a minor in your jurisdiction, by allowing your child to use the Platform and the Services, you are subject to these Terms and responsible for your child’s activity on the Platform and the Services.
The Company reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend, remove and/or otherwise change these Terms without prior notice to you. All such amendments and modifications shall take effect immediately when posted on the Platform. By continuing to access or browse the Platform or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms. For this reason, we encourage you to review these Terms whenever you access the Platform or use the Services. Be sure to read these Terms periodically to ensure familiarity with the most current version of these Terms. If you do not agree to any change to these Terms, you must immediately stop using the Platform and the Services.
Notwithstanding anything contained herein, we may, in our sole discretion, refuse to offer or suspend the Services to any Person for any reason.
3. DEFINITIONS AND INTERPRETATION
Definitions : In these Terms, the following words and expressions shall bear the meanings assigned to them below
“Applicable Laws” or “Laws” means all applicable laws, statutes, enactments, acts of legislature or parliament, ordinances, judgments, decrees, injunctions, writs, rules, by-laws, regulations, notifications, circulars, guidelines, policies, directions, directives, demands conventions, orders, interpretations, licenses and/or permits of all Governmental Authorities of all relevant jurisdictions;
“Company” means © Oneistox Inc.;
“Company’s Content” means Content created and developed by the Company and published on the Platform;
“Company’s Marks” means the trademarks, service marks, trade names, service names, brand names, brand marks, internet domain names, identifying symbols, logos, emblems, signs or insignia, owned by the Company and its affiliates and licensors;
“Company’s Technology” ncludes the algorithms, software, hardware, code, technology, devices or other functional items, processes, systems, methods of operation, concepts, interfaces, web properties, communication pathways and/or protocols used by the Company to provide the Platform and the Services;
“Company’s Trade Secret” includes the business idea, commercial secrets, commercial method, know how, compilation of information, practice, pattern, technology, programs, systems, processes, compositions, technological data, technological prototypes, sales methods, distribution methods, profiles, advertising and marketing strategies, and other proprietary information developed by Company that: (i) provides the Company with a competitive and economic advantage; (ii) is treated by Company in a way that can reasonably be expected to prevent the public or competitors from learning about it; and (iii) the Company actively makes efforts to maintain as a secret;
“Content” includes all data, information and material in digital form, including writings, texts, scripts, books, documents, presentations, reports, images, pictures, photographs, videos, audio files, films, podcasts, product portfolios, and drawing and design files;
“Course(s)” means the educational services offered by the Company through the Platform, including online educational/e-learning courses delivered with or without an instructor or mentor, or through audio visual means, or by self-study of educational materials, whether existing as on date hereof or which may be introduced by the Company from time to time;
“Course Content” includes the components and contents of a Course, including Course syllabus and curriculum, Course descriptions, Course topics, Course sequences, Course structure and appearances (including graphic design, order of operations, look and feel, and page lay-out), instructional design, multimedia development, intended learning outcome (including assignments, tests, notes and presentations);
“Course Materials” includes all literary works or other works of authorship, artistic works, musical works, architectural works and educational and other software related to or prepared for or used in connection or conjunction with teaching, or delivering, the Courses, whether fixed or unfixed, in any form, including, but not limited to, digital, print, audio, visual, or any combination thereof, including syllabi, textbooks, lectures, lecture notes, instructional tools, technical designs, presentations, documentation, manuals, correspondence course packets, questionnaires, on-line course content shells, workbooks, instructor guides, media programs, study guides, bibliographies, machine readable instructions, visual aids, images, diagrams, and audio and video materials;
“Government” or “Governmental Authority” means the union, state, local or other governmental authority exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other governmental authority or statutory authority, department, agency, commission, organization, board, tribunal, court and/or other entity authorized to make Laws;
“Losses” means and include all losses, liabilities, damages, interest, penalties, claims, costs and expenses, including those arising out of or based upon or in relation to any judgment, award, settlement, and reasonable attorneys’ fees and other costs related thereto;
“Mentor” includes a mentor, instructor, teacher, guide, or counselor who designs, develops, creates, hosts or publishes on, and/or delivers the Courses through the Platform;
“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether of limited liability or unlimited liability), proprietorship, Hindu undivided family, trust, union, association, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law;
“Platform” means the Company’s online platform https://oneistox.in/and all other internet domains, mobile applications, widgets, and other downloadable applications developed, owned, operated and/or controlled by Company and its affiliates/licensors, and branded or licensed exclusively under the Company’s Marks, whether now existing or hereinafter developed, made available by the Company, through which Company offers and provides the Services;
“Services” means the products, services, contents, features, applications, tools, data, documents and information offered, made available or enabled by the Company through the Platform (or through third party service providers featured on the Platform) from time to time, including the services described in Section 5.(Use of the Platform & Services) below;
“Subscriber” means a User who purchases or subscribes to the Courses through the Platform;
“Terms” includes: (i) these terms and conditions; (ii) such other guidelines, rules, policies and procedures posted by the Company on the Platform, from time to time (each of which is incorporated herein by reference and forms an integral part of these Terms); and (iii) any other agreements and terms and conditions entered into with the Company that govern: (a) your relationship with the Company; (b) your use of the Platform and the Services, as amended, modified and supplemented from time to time; and
“User” includes any Person visiting, browsing, accessing, and/or using the Platform and/or the Services.
The terms “Oneistox”, “we”, “our” and “us” refer to the Company
The terms “you” or “your” refers to a User
Section headings are for convenience only and do not affect the construction or interpretation of any provision of these Terms.
References to Sections are references to the sections of these Terms.
In addition to the above terms, certain terms may be defined elsewhere in these Terms and wherever such terms are used in these Terms, they shall have the meaning so assigned to them.
Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings.
All references in these Terms to statutory provisions shall be statutory provisions for the time being in force and shall be construed as including references to any statutory modifications, consolidation, or re-enactment (whether before or after the date of these Terms) thereof and all statutory rules, regulations and orders made pursuant to a statutory provision.
Words denoting singular shall include the plural and vice versa and words denoting any gender shall include all genders unless the context otherwise requires
The term “includes” or “including” shall be construed to mean without limitation.
All references to these Terms shall be deemed to include any amendments or modifications to these Terms, from time to time
When you access or use the Platform and/or the Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not. Your act of accessing, browsing, or using the Platform and/or the Services, or by contacting us through any means or medium, or engaging us to provide the Services constitutes a “verifiable request” by you authorising us to call or send messages, to your telephone numbers provided to or registered with us, with respect to the Services. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
You understand that as part of your registration process as well as in course of your use of the Platform, you may receive SMS messages from the Company on your registered mobile number. The Company may also send onetime passwords, subscription confirmations, payment confirmations cancellation confirmations, updates on features of the Platform, updates of the Services or any such other information relevant for the transactions undertaken by you, via SMS or by voice call on the contact number given by you at the time of subscribing to our Service or via email given by you at the time of subscribing to our Service. Please note that the Company will send these messages only to the mobile number and email address that you provide on the Platform. It is your responsibility to ensure that you provide the correct number and email address for the transaction you wish to enter. Further, the Company may also send notifications and reminders to you with respect to your subscriptions for the features and services that you may be using on the Platform. You hereby consent to receive such messages from the Company.
The User hereby unconditionally consents that such communications via SMS, email and/ or voice call by the Company is: (i) upon the request and authorization of the User; (ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of TRAI; and (iii) in compliance with the relevant guidelines of TRAI or such other Governmental Authority. The User shall indemnify the Company against all Losses incurred by the Company in the event any action is taken by TRAI or any other Person or Governmental Authority due to any compliant raised or made by the User against the Company with respect to the communications mentioned above or due to a wrong number or email address being provided by the User for any reason whatsoever.
Users may also contact us through the chat services available on the Platform. If you use the chat services to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
You expressly consent to electronically receive all communications, agreements, documents, notices, and disclosures whether transactional or promotional in nature. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
5. USE OF THE PLATFORM AND THE SERVICES
Subject to these Terms, specifically the disclaimers provided by the Company herein, the objective of the Company is to provide a platform that will provide to its Subscribers the best educational experience by providing valuable and effective educational content. Accordingly, the Platform is designed and built to deliver an educational experience to the Users, which Users will typically include students and working professionals.
The Platform is a technology-based platform provided by the Company that enables its Subscribers to purchase or subscribe to the Courses offered by the Company on the Platform. When you enroll in a Course, the Company, subject to these Terms, grants you a license to view, explore and pursue the Course for your personal academic growth and for no other use. The Courses, the Course Content and the Course Material is licensed, and not sold, to you. This license does not give you any right to resell the Courses, the Course Content, and the Course Material in any manner (including by sharing your Account information with a purchaser or illegally downloading the Content and sharing it on other sites).
The Company will generally list all its Courses on the Platform. The Company may add, withdraw, or modify the Courses, the Course Content, and the Course Materials at any time without notice. While the Company does not personalize any Courses and related Course Materials, it may, at its discretion, present different Subscribers based on the nature of their subscription, or based on their learning ability, different versions of the same Course and Course Materials.
The Company will, for certain Courses, specify the dates and the time schedule when these Courses will be available on the Platform. The Company may, at its discretion, and without incurring any liability to you, cancel or defer any scheduled Courses on notice. If the Company cancels a Course for which you have prepaid, the Company will refund the price you paid to the Company.
The Company will prescribe terms and conditions applicable to different Courses. When you subscribe to a Course, you will be bound by the terms and conditions applicable to such Course. All features, content, specifications, and prices of the Courses described, published, or depicted on the Platform are subject to change without notice. Photographs and illustrations and other promotional material on the Platform are for promotional purposes only and they do not represent any benefit that will be included in any Course subscribed by you. The inclusion of any Course on the Platform at a particular time does not imply or warrant that such Course will be available at any time. The Courses are subject to availability and can be withdrawn at any time and from time to time.
The Company offers no academic credit for its Users. Participation in or completion of a Course does not confer any academic credit. The Company and its Mentors have no obligation to provide any academic credit. The Company may however, at its discretion, under the name of Oneistox, offer verified certificates to the Subscribers on the successful completion of a Course.
The Platform is accessible to all visitors and Users. “Registered Users” are Users who have registered themselves by creating an account on the Platform by providing the Company with certain information and who can log on to the Platform by providing their confidential information and password. “Non-Registered Users” are users who are not registered with the Platform but may access information on the Platform. Certain features of the Platform are available to Registered Users only. A Subscriber may use the Platform for: (i) viewing the information about a Course: (ii) purchasing or subscribing to the Courses and paying the Course Fee to the Company; and (iii) accessing the Course. A Mentor may, inter alia, use the Platform to publish or deliver the Courses.
The Company shall not be liable for any delay, failure, non-performance or deficiencies in the Services and such delay, failure, non-performance or deficiency shall not constitute the Company’s failure to meet the requirements detailed in these Terms, to the extent that any such failure is attributable to: (i) Force Majeure; (ii) User’s acts or omissions (including, among other things, violations of law, willful misconduct, negligent acts or breach of these Terms); (iii) acts or omissions of third parties, including third parties related to the Users; (iv) acts or omissions of the directors, employees, officers, advisors, sub-contractors, supplies, vendors, agents and representatives of the Users; (v) restrictions/constraints imposed by Applicable Laws; (vi) a failure by the User to provide the Company, immediately, with any information or other material reasonably requested by the Company; (vii) any inaccurate or misleading information supplied by the User to the Company and upon which the Company relies; (viii) the User’s failure to take such corrective action which forms a part of the User’s responsibility, as may be reasonably requested and identified by the Company to the User; and (ix) such other reasons not attributable to the Company.
Notwithstanding anything contained in these Terms, the Company shall not be required to provide a Service to the extent the provision thereof would violate or contravene any Applicable Law.
The Company may, at its sole discretion, introduce new services and modify some or all of the existing Services. The Company reserves the right to introduce a fee or revise the fee for the Services offered. The Company also reserves the right, with or without prior notice, to: (i) limit the availability of or to discontinue any Service; (ii) impose conditions on the use of Services; and/or (iii) refuse to provide any User with any Services.
While the Company continuously works towards keeping the Platform functional, you hereby acknowledge and agree that technical failures are a part of any program. We shall take adequate steps to keep the Platform running and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software or on account of technical problems or traffic congestion on the internet or combination thereof, we will take the necessary measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any Loss arising directly or indirectly to you, including but not limited to loss of profit, loss of data, or loss of opportunity arising out of such unforeseen events and/or technical malfunction.
Use of the Services requires a supporting environment, including internet access, compatible hardware, and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
All Users shall use the Platform and the features provided by the Platform in compliance with all Applicable Laws. You will not use the Platform, or any feature provided by the Platform for any purposes not intended under these Terms. You shall be responsible and liable to the Company for all actions, claims, proceedings, and Losses incurred by the Company arising out of, or in any way connected with, your use of the Services, the Platform or breach of these Terms.
You shall: (i) be responsible for maintaining the confidentiality of your username and password; (ii) not share your username and password with third parties; (iii) never publish, distribute, or post login information for your Account; and (iv) notify the Company promptly of any unauthorized use of your Account and of any loss, theft, or disclosure of your password. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, or a third party and for keeping your Account information secure. You shall never use another User’s account or registration information for the Services without permission. You shall be responsible for undertaking the proper supervision, control and management of your access and use of the Platform and the Services, including in conformity with these Terms. The Company shall not be liable for any Loss or damage as a result of your failure to keep your Account secure.
Subject to these Terms, we grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access and use the Platform and the Services (including through the Account, where applicable), solely for the purpose of using the Services in accordance with these Terms. You shall not distribute, sell, license, rent or otherwise exploit your username and password for accessing your Account in any manner whatsoever.
A User shall not, either directly or indirectly: (i) copy, adapt, alter, modify, translate, localize, merge and/or create derivative works of the Platform; (ii) decompile, disassemble, reverse engineer, reduce the Platform to human perceptible form and/or otherwise attempt to determine its underlying source code; (iii) alter, obscure, deface, remove, conceal and/or otherwise interfere with any eye- readable or machine-readable marking on the Platform which refers to the Company as the owner, author or developer of the Platform and all proprietary and intellectual property rights contained therein; (iv) distribute, provide, lease, lend, use and/or allow others to use the Platform to or for the benefit of any third parties; and (v) provide the use of the Platform in any service bureau, time- sharing or facilities management arrangement and/or otherwise use the Platform to provide services to third parties.
Subject to these Terms, we grant each Subscriber a non-exclusive, revocable, non-sub-licensable, non-transferable, and limited license to access and pursue the Course and view the related the Course Content and the Course Material for which such Subscriber has paid the required Course Fee, solely for the Subscriber’s personal, non-commercial, and educational purposes in accordance with these Terms and any other terms and conditions prescribed by the Company for such Courses. A Subscriber may, if permitted by the Company, download the Content from the Platform only for his personal, non-commercial, and educational use. All other uses are expressly prohibited, and a Subscriber shall not use the Content unless such Subscriber obtains the Company’s prior written permission. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Course Content or Course Material unless we give you explicit permission to do so in a written agreement.
A User shall not, either directly or indirectly, use the Company’s Technology in any manner whatsoever to create or develop any platform similar to the Platform or that competes with the Platform.
The Company requires certain licenses from the Users to their Content, including in order to operate and enable the Platform and the Services. When you upload your Content onto the Platform, you automatically grant: (i) to the Company a non-exclusive license to use your Content for the purposes of the providing the Services and such other purposes as set out in these Terms, including publishing your Content on the Platform and sub-licensing (through multiple levels) your Content to the Company’s affiliates, partners, vendors, sub-contractors and other service providers; and (ii) to the other Users a non-exclusive license to use your Content for the purposes for which it was provided or made available to them.
8. COURSE FEE, PAYMENTS, BILLINGS, REFUNDS AND TRANSFERS
Membership :Accessing the Platform and opening an Account and use of the Platform is free for the Users.
Service Fee : The Company may charge a service fee for availing the Services and such fee will be determined by the Company from time to time.
The prices of the Courses listed on the Platform are determined by the Company. All prices quoted for the Courses are subject to change or modification at any time and from time to time at the sole discretion of the Company, including until the completion of the transaction by a User and shall be effective from the moment such revised prices are posted on the Platform. It shall be the User’s responsibility to remain informed about the then current prices for the Courses. While the Company strives to provide accurate pricing information, the pricing of any Course as reflected on the Platform may, due to some technical issue, typographical error, or erroneous information published by the Company, or due to some other reason, be incorrectly reflected and in such an event, the Company may cancel any transaction made by a User for the relevant Course.
The Course that you subscribe, or purchase determines the scope, features, and your access to the Course.
Taxes. When you purchase or subscribe to any Course or other Service or product from the Company, you agree to pay not only the applicable fee, but also all applicable taxes, duties, and levies including goods and services tax.
Payment of Course Fee
You agree to pay the Course Fee by using the payment methods provided by the Company on the Platform, or such other methods as may be prescribed by the Company from time to time.
Payments for the Courses may also be made through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted on the Platform through payment gateway service providers. The Payment Gateway service is provided to you in order to facilitate your purchase of or subscription to a Course. The processing of payment may be subject to the terms, conditions, and privacy policies of the payment gateway service providers (“Payment Gateway Service Provider”) in addition to these Terms. The terms of your payment may also be determined by agreements between you and the financial institution, card issuer or other provider of your chosen payment method. In addition to that, you shall also be liable to pay all charges payable by you to your bank, financial institution, card issuer or other provider of your chosen payment method and the Payment Gateway for making the purchase. You represent that you have the legal right to use the payment method that you use to remit any amount to us.
The Company makes no representations of any kind, express or implied, as to the operation of the Payment Gateway. The Company is not responsible for any errors by the Payment Gateway Service Provider. The Company reserves the right to correct any errors or mistake that it makes even if it has already requested or received payment. The Company assumes no liability whatsoever for any monetary or other damages suffered by you on account of: (i) access to, use of, or reliance on the Payment Gateway services; (ii) the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Payment Gateway; (iii) any interruption or errors in the operation of the Payment Gateway; or (iv) any excess payment made by you. Further, you expressly agree that your use of the Payment Gateway is entirely at your own risk. The Company does not collect and store any payment and other details provided by you for transacting through the Payment Gateway. You agree, understand, and confirm that personal data including without limitation details relating to debit card/ credit card transmitted over the internet is susceptible to misuse, theft and/or fraud and that the Company has no control over such matters. The Company does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the internet.
The records of the Company and/or the Payment Gateway Service Provider, generated by the transaction arising out of the use of the Services, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. The details provided by you for use of the Payment Gateway Service Provider will be correct and accurate and you shall not use a debit/credit card net banking which is not lawfully owned by you. You further agree and undertake to provide correct and valid debit/credit card/net banking details. In default of the above conditions, the Company and/or its concerned service provider reserves the right to initiate any legal action for recovery of cost/penalty or any other measures, as it/they may deem fit.
The Company may, at its discretion, make available to you, such other payment methods, including a simple bank transfer.
While availing any of the payment method/s available on the Platform, the Company will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you.
Payment of Course Fee By Obtaining Financial Assistance
The Company may also enter to arrangements with online platforms (“Third-Party Financer”) who, through their arrangements with banks and other financial institutions (“Lenders”) provide financial assistance in the form of loans to persons who wish to pursue the Courses. In such cases, the Company is only facilitating the engagement between the concerned Subscriber and the Third-Party Financer in order to facilitate and enable the Subscriber to purchase the Courses with the expectation that the Company shall not, under any circumstances, assume any financial, operational, or other risks of the Subscriber and the Third-Party Financer. Accordingly, in no event shall the Company assume any financial, operational, or other risks of the Subscriber and the Third-Party Financer. If the Subscriber elects to purchase or subscribe to a Course by availing a loan from the Lender which is facilitated by the Third-Party Financer, he shall be governed by the terms and conditions and other agreements entered into with the Lender and the Third-Party Financer.
The Company is not involved in transactions between the Third-Party Financer and the Subscribers and if a dispute arises between them, the Subscribers shall, and shall ensure that the Third-Party Financer shall, forever release Company, its affiliates, directors, officers, employees, contractors, vendors, service provider, agents, representatives, licensees, successors, and assigns from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Company is not involved in transactions between the Lenders and the Subscribers and if a dispute arises between them, the Subscriber shall, and shall ensure that the Lenders shall, forever release Company, its affiliates, directors, officers, employees, contractors, vendors, service provider, agents, representatives, licensees, successors, and assigns from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Company: (i) shall not, in any manner whatsoever, be responsible for any non- performance or breach by the Third-Party Financer to provide its services to the Subscribers; (ii) bears no liability to the Third-Party Financer or the Lenders for any failure of the Subscribers to fulfil their obligations towards the Third-Party Financer and the Lenders; and (iii) shall not and is not required to mediate or resolve any dispute or disagreement between the Third-Party Financer and the Lenders and the Subscribers.
The Company shall not be liable for any act, omission, or default, whether negligent or otherwise, of the Subscribers towards the Third-Party Financer and the Lenders.
Every decision taken by the Subscriber to pursue to a Course by availing the financial assistance provided by the Third-Party Financer and the Lenders represents an assumption of risk and that the Company does not and shall not underwrite or assume the risks of the Subscribers in any manner. The Subscriber is solely responsible for evaluating and determining the suitability of the Course and availing a loan to pursue such Course and the risks associated therewith.
Refunds When you subscribe to a Course, legal obligations arise and your right to refund of money is limited by our terms and policies and by the conditions of the Course you have subscribed. Any payments done by a Subscriber are not refundable.
Cancellation of Course and Refund Policy: The terms and conditions mentioned below govern the cancellation of enrolment for Users in all of Oneistox’s cohort-based Courses.
Conditions for cancellation before Course Commencement Date (in case payment is made in full)
- A User may cancel his subscription to the Course if such request for cancellation is made by the User to Oneistox at least 25 (twenty five) days before the commencement date of the Course (“Cancellation Period”). Any cancellation request placed after the Cancellation Period shall not be entertained by Oneistox under any circumstances whatsoever.
- Upon cancellation of the Course as stated above, only the Course fee shall be refunded to the User. In no event shall the User be entitled a refund of the down payment.
- A User may cancel his/her subscription to the Course after the completion of the Cancellation Period without being eligible to a refund of the Course fee or any other amounts paid to Oneistox. Upon such cancellation, such User’s access to certain features such as the Dashboard (Course content) and Slack channels will be terminated. Further, in no event shall such User be eligible or entitled to any of the benefits available to the Users who have continued with the Course.
- The User shall request for a cancellation by writing an email to our academic committee at firstname.lastname@example.org with 'Cancellation of Course' as the subject line through your Email ID registered with Oneistox. A Oneistox representative may contact you to better understand your request.
- The cancellation/refund will be processed within 30 (thirty) working days once approved by the academic committee.
Cancellation of Course (In case payment is made by availing loan)
- A User who has subscribed to the Course by availing a loan provided by a bank, financial institution or any other approved entity (“Financial Institution”) shall not have a right to cancel his/her subscription to the Course as such cancellation is not permitted by the Financial Institution which granted the loan and he/she shall be obligated to repay the loan obtained to the Financial Institution.
- A User may still cancel his/her subscription to the Course without being eligible for a refund of the Course fee or any other amounts paid to Oneistox. Upon such cancellation, such User’s access to certain features such as the Dashboard (course content) and Slack channels will be terminated. Further, in no event shall such User be eligible or entitled to any of the benefits available to the Users who have continued with the course.
- A User shall request for a cancellation by writing an email to our academic committee at email@example.com with 'Cancellation of Course' as the subject line. A Oneistox representative may contact you to better understand your request.
- In no event shall Oneistox be liable to the User, including for any Losses which the User may suffer due to his/her inability to cancel the Course.
Reserved rights of Oneistox to cancel the subscription of a User
- Oneistox reserves the absolute right to cancel the subscription of the Course of a User who fails to pay the Course fee, and in case the User has opted to pay the Course fee by availing a loan from a Financial Institution, has failed to pay his/her monthly instalment towards the repayment of the loan amount or his repayment is not approved by the Financial Institution, within a period of 30 (thirty) days from the Course commencement date.
- Oneistox reserves the absolute right to cancel the subscription of the Course of a User who fails to comply with any of the terms and conditions and other policies of Oneistox published on its Platform or otherwise and such other policies which are applicable to the Users of the Course.
- Upon the cancellation of the subscription of the User by Oneistox as stated above: (i) the User shall not be entitled to a refund of any amounts paid to Oneistox under any circumstances whatsoever; and (ii) the User’s access to the Platform of Oneistox and all its features shall be terminated immediately.
- In no event shall Oneistox be liable to the User, including for any Losses which the User may suffer due to the cancellation of his/her subscription to the Course by Oneistox.
Policy on transfer of Cohort: The terms and conditions mentioned below govern the transfer of Users in all of Oneistox’s cohort-based Courses.
Conditions for Transfer
- Transfer of cohort is at the option of Oneistox and cannot be claimed as a right. Oneistox reserves the right to accept or reject a transfer request at its sole and absolute discretion, without incurring any liability of whatsoever nature. In no event shall Oneistox be liable to a User in any manner whatsoever, including for rejecting a transfer request.
- The User should have either fully paid his Course fee or his/her loan amount towards the availing of a Course at Oneistox should have been approved/released by the bank, financial institution or other approved entity granting the loan to the User.
- Transfer of cohort can be requested only once per User and once made is irrevocable.
- The request for a transfer should be made within a period of 4 (four) months prior to the date of commencement of the Course i.e. before starting of the Course/capstone project.
- Users can only seek a transfer to an immediate upcoming cohort and all other transfer requests shall not be accepted.
- The transfer request once placed will be processed by Oneistox as per its internal administration policies.
Transfer Process: The following steps must be completed to apply for transfer to an immediate upcoming cohort.
- Each of the conditions for transfer should be met. If any condition is not met, do not proceed to apply for a transfer.
- If all prescribed conditions are met, submit your transfer request to firstname.lastname@example.org from your Email ID registered with Oneistox
- Upon receipt of a proper request as stated above, a Oneistox representative will contact you to assess your request.
- If your transfer request is accepted by Oneistox (which acceptance is at the sole discretion of Oneistox), you will receive an email confirmation from Oneistox along with details of the immediate upcoming cohort.
9. USER CONTENT
All Content created, added, uploaded, submitted, distributed, communicated, or posted on the Platform by Users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the User/Person who originated such User Content. The Platform permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. Notwithstanding anything contained herein, the User shall be solely responsible for the User’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all Applicable Laws.
You acknowledge that all User Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other Person resulting therefrom. We do not guarantee that any User Content you access on the Platform or through the Services is or will continue to be accurate. The Company does not and will not claim any ownership over or rights to the User Content, except to the extent stated herein.
In connection with the User Content, the User affirms, represents, and warrants that: (i) the User owns or has the necessary licenses, rights, consents, permissions and authorizations to use and authorise the Company to use, all User Content, including to enable the Company to include and use the User Content for the purposes and in the manner contemplated by these Terms; (ii) the User has the written consent, authorisation, release and/or permission of each and every identifiable individual person in the User Content to use the name and/or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by these Terms; and (iii) the Company will not be subjected to any claim, actions, liabilities, Loss and damage as a result of its use of the User Content.
By submitting any User Content to the Platform, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable (through multiple levels) and transferable license to use, aggregate, reproduce, distribute, display, perform, and otherwise fully exploit such User Content in connection with the Platform, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing, part or all of the Platform or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your arrangement with us or the Services.
By submitting any User Content to the Platform, you also hereby do and shall grant each User (only to the extent such User Content is accessible to other Users) a non-exclusive license to access any of your User Content that is available to such User on the Platform, and to use such User Content, including after your termination of your arrangement with us or the Services.
For clarity, the foregoing licenses granted to us, and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.
The Company: (i) cannot control the User Content and other information provided by the Users which is made available on the Platform; (ii) does not research, endorse, validate, or certify the User Content and any other information submitted/uploaded by Users on the Platform nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy, and reliable; and (iii) expressly disclaims any and all liability in connection with the User Content
As mandated by Regulation 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, all Users are hereby informed that a User shall not to host, display, upload, modify, publish, transmit, store, update or share any information that: (i) belongs to another person and to which the User does not have any right; (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; (vii) impersonates another person; (viii) 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; (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and (x) 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.
10. MANDATORY RULES OF CONDUCT
As a condition of your use of the Platform and the Services, you promise and undertake not to use the Platform and the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activities in connection with the Services and the activities of any Person who uses your Account or who uses your computers, systems, mobiles, machines, communication devices, network and others’ applications and resources.
By using the Platform and the Services, you specifically agree that: (i) you will use your own independent and informed judgement before making any transaction, interactions or communication on the Platform; (ii) you do not expect the Company to, and understand that the Company does not, evaluate, confirm, verify or endorse any Content, whether viewed on the Platform or otherwise or otherwise conduct its own independent due diligence; (iii) you are not relying on the Content, or any data and information that appears on the Platform to make any decision related to your transactions; (iv) you are solely responsible for complying with any Applicable Law regarding any transaction carried out through the Platform; (v) you will obtain such professional advice as is appropriate to protect your interest; (vi) there is a great risk of incurring losses and damages as a result of any transaction undertaken through the Platform and that you are willing to undertake this risk at your own will; and (vii) any decision taken by you pursuant to the use of the Services are at your own will and risk and you are able to bear the loss after completely understanding the risks involved in such transactions.
You agree that you shall not (directly or indirectly) submit, upload, provide, transmit, distribute, post, store, link, or otherwise share Content, information, data, software, and/or materials on the Platform or through the Services that: (i) you do not have the right, authority or license to make available, whether under Law, contract or otherwise; (ii) is unlawful, threating, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us, in our sole discretion; (iii) is false, misleading, untruthful or inaccurate; (iv) is invasive of another’s privacy; (v) violates the publicity or proprietary or intellectual property rights of third parties; (vi) impersonates any person or entity, including any of our employees, agents, representatives, sub-contractors or partners or falsely states or otherwise misrepresents your affiliation with any Person or expresses or implies that the Company endorses any statement you make; (vii) includes anyone’s identification documents or sensitive financial information or any personal information about another individual or any information that may be used to track, contact or impersonate that individual; (viii) discloses or provides information protected under any Law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others, insider information or material, or non-public information; (ix) constitutes unauthorized or unsolicited advertising; (x) violates any Law; (xi) would give rise to criminal or civil liability (under tort or otherwise); (xii) encourages conduct that constitutes an offense or that encourages or provides instructional information about illegal activities; (xiii) has the potential to create liability for us; (xiv) could cause us to lose, in whole or in part, our relationship with our Users, clients, business partners, licensors, services providers or other suppliers; (xv) interferes with or disrupts the operation of the Platform/Services or the servers or networks used to make the Platform/Services available, or violate any requirements, procedures, policies or regulations of such networks; and (xvi) threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You shall not (directly or indirectly): (i) disclose any sensitive, proprietary or confidential information, about yourself or anyone else or knowingly disseminate information that you know, reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to; (ii) misrepresent the source of your content; (iii) use the Platform or the Service in violation of any Applicable Law or otherwise in violation of any Applicable Law which you may be subject to; (iv) use the Service in a manner that would violate the lawful privacy rights of any Person or to publish or republish defamatory or libelous statements, or to harass or embarrass any person; (v) use the Service in a manner which could cause loss, damage or personal injury to any Person; (vi) use the Service for any fraudulent or unlawful purpose or for the promotion of illegal activities; (vii) use the Services if you are a competitor of the Company or for reasons that are in competition with the Company; (viii) use the Platform and the Services in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other Persons use and enjoyment of the Services; (ix) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Platform and the Services (or other computer systems, resources or networks connected to the Platform and the Services); (x) run any form of auto-responder or “spam” on the Services; (xi) use manual or automated software, device, or other processes to “crawl” or “spider” any page of the Platform; (xii) obtain or attempt to gain unauthorized access to other computer systems, resources, materials, information or any services available on or through the Platform through any means, including through means not intentionally made publicly available or provided for through the Platform; (xiii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party service providers’) infrastructure; (xiv) interfere or attempt to interfere with the proper working of the Platform and the Services or any activities conducted on the Platform; (xv) use the Services to distribute, or receive communications or data gleaned from, or execute any action directed by any type of injuries code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks,(g) flood or mail bombs,(h) logic bombs, or (i) other actions which the Company reserves the sole right to determine to be malicious in intent; (xvi) make improper use of our Services or submit false reports of abuse or misconduct; (xvii) disparage, tarnish or otherwise harm the Company, including the Platform and the Services; (xviii) offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (xix) use the Platform or the Service in violation of these Terms or otherwise take any action in violation of our guidelines and policies.
In using the Services, you must comply with, and refrain from violations of, any right of any other Persons, Law or contractual duty, including without limitation Laws forbidding: (i) distribution of child pornography;(ii) forgery, identity theft, misdirection or interference with electronic communications; (iii) invasion of privacy; (iv) unlawful sending of commercial electronic message or other marketing or electronic communications; (v) securities violations, wire fraud, money laundering, or terrorist activities; or (vi) false advertising, propagating or profiting from fraudulent and unfair schemes.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform and the Services (including without limitation any application); (ii) modify, translate, or otherwise create derivative works of any part of the Platform and the Services; and/or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all Applicable Laws with respect to the use of the Platform and Services.
Any activity that you are prohibited from performing under these Terms is equally prohibited to anyone using your Account, computers, systems, mobiles, machines, communication devices, network and others’ applications and resources to access the Services.
You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or Persons who gain access to the Services using your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of the Persons who are entrusted with access to your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all Persons who receive access to the Services of the provisions of these Terms, and inform them that these Terms are binding upon them; and (iv) notify the Company if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or the Company to cure the security breach.
You shall assume full legal responsibility for any access and use of the Services, and in the event of any breach of this duty resulting in legal claim against the Company, you shall defend, indemnify, and hold the Company harmless from all Losses arising therefrom.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any Applicable Law, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violation hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public.
The enumeration of violations in this Paragraph 10. is not meant to be exclusive, and the Company has and will exercise its authority to take any action which is necessary to protect the Platform, the Services, the Users, and third parties from acts that would be inimical to the purpose of this Paragraph.
Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about the Company (“Confidential Information”), whether written, oral or visual, disclosed to it by the Company or which comes into its possession or knowledge, from time to time. You shall not disclose the Confidential Information to any others, except as may be required by Law or as may be required to be disclosed on a strictly "need-to-know" basis for implementing these Terms
13. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Company’s Technology, the Platform and the Company’s Trade Secrets (collectively, the “Company Intellectual Property”) constitute valuable trade secrets of the Company. All worldwide intellectual property rights and other proprietary rights in and to the Company Intellectual Property and all improvements and developments in connection therewith shall be and remain the exclusive property of the Company. The Users shall not, either directly or indirectly, infringe, misappropriate, or violate the Company Intellectual Property in any manner whatsoever.
Save for the Users Content, the Platform and all information and Content available on the Platform and its “look and feel”, including but not limited to the Company’s Marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of the Company, its affiliates, partners or licensors, or is used with consent of the owner and is protected by Laws, including Laws governing, copyrights, trademarks and other intellectual property. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws. All rights in the Platform and its Content, if not expressly granted, are reserved
Unless otherwise expressly stated by the Company, the Courses, the Course Content, and the Course Materials offered on or through the Platform are for your personal use in connection with those Courses only
Certain Content, including reference documents, digital textbooks, articles, and other information on the Platform are used with the permission of third parties, and use of that information is subject to terms and conditions of such third parties and by using the Platform, you agree to abide by all such terms and conditions
The Company’s Marks referenced in the Platform are the intellectual property rights of the Company. Any unauthorized use of the same is strictly prohibited and all rights in same are reserved by the Company. No use of any the Company’s Marks may be made by any third party without the express written consent of the Company
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the Content obtained through the Platform for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notice contained therein.
Subject to these Terms, we grant each User a non-exclusive, revocable, non-sub-licensable, non- transferable, and limited license to access the Platform solely for the purpose availing the Services.
Nothing contained on this Platform should be construed as granting, by implication or otherwise, any right, license, or title to any of the Company’s intellectual property and the Company’s Marks, without the advance written permission of the Company or such third party as may be appropriate. All rights are expressly reserved and retained by the Company. Your misuse of any of the Company Intellectual Property, the Company’s Marks displayed on the Platform, or any other Content on the Platform, except as provided in these Terms, is strictly prohibited. You are also advised that the Company considers its intellectual property to be among its most valuable assets and will aggressively enforce its intellectual property rights to the fullest extent provided under Law.
You acknowledge that we have no duty to take any action regarding: (i) which Users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
The Platform, the Services, the Content, including without limitation, any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, whether by statute, common law, custom, usage or otherwise, including, but not limited to performance, security, integration, quiet enjoyment, satisfactory quality and implied warranties of title, non-infringement, merchantability and fitness for a particular purpose as well as all warranties arising by usage of trade, course of dealing, or course of performance. Without limiting the foregoing, the Company makes no warranty that: (i) Platform, the Services, the Content, including without limitation any materials and information delivered as part of the foregoing: (a) will meet your requirements; (b) will be accurate, uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use thereof will be effective, accurate, or reliable; (iii) the quality of the Services purchased or accessible by you will meet your expectations; (iv) any errors or defects in the foregoing will be corrected; and (v) is free of viruses or other harmful components.
The Company specifically disclaims all liability for any actions resulting from your use of any the Platform and the Services. You may use and access the Platform and the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to the Platform or any Service.
The Company makes no guarantees as to the availability of any specific content in any Course, or the related Course Content and Course Material or as to any minimum amount of content. You assume total responsibility and the entire risk for your use of the Courses, the Course Content and the Course Materials and the Company does not warrant that: (i) the Courses, the Course Content and the Course Materials will meet your requirements or expectations or achieve the intended purposes; (ii) the Courses, the Course Content and the Course Materials will be accurate, complete, current, error- free, or reliable; or (iii) that defects in the Courses, the Course Content and the Course Materials will be corrected. You assume all risk of personal injury, including death and damage to personal property, sustained from use of the Services and the Courses.
The Company disclaims any and all liability with respect to any Losses, personal injury or other harm that may be caused by your reliance on any advice, suggestions, recommendations or other information provided on the Platform or through the Services.
The Company does not endorse any advertiser on its Platform in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
You shall indemnify, defend and hold harmless us, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers from all Losses brought against or suffered by any of them resulting from, arising out of or relating to your (or any third party using your identity or your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources): (i) use or misuse of, or access to, the Platform, the Services, or the Content; (ii) violation or breach of these Terms; (iii) violation or breach of any Applicable Law, whether or not referenced herein; (iv) violation of any rights of any third party; and (v) any dealings between you and any third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
16. LIMITATION OF LIABILITY
The Users specifically acknowledge that the Services are provided hereunder with the expectation that the Company shall not assume any risks of the Users. Accordingly, in no event shall the Company assume any risks of the Users.
The Users further acknowledge and agree that every decision taken by them pursuant to the transactions contemplated hereunder represents an assumption of risk and that the Company does not and shall not underwrite or assume the Users risk in any manner.
The Company shall not be held liable for any liabilities suffered by the Users or any third party relating to or arising out of: (i) a failure by the Users to adhere to these Terms; (ii) negligent acts of the Users; and/or (iii) breach by the Users of any Applicable Law.
In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services: (i) for any lost profits or other economic losses, loss of data and other programs, loss of opportunity, business interruption, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damage of any kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like (regardless of the sources of origination), or (iii) for any direct damages in excess of 1,000/- (Rupees One Thousand only) or the fees (if any) paid to us for the Services (whichever is lower), even if the Company has been advised of, knew, or should have known, the possibility thereof. You acknowledge that the fee paid by you reflects the allocation of risk set forth in these Terms and that the Company would not enter into this agreement and Terms without these limitations. You hereby waive any and all claims against the Company arising out of your use of the Platform and the Services, or any conduct of the Company’s personnel. Your sole and exclusive right and remedy in case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.
In no event shall we, our affiliates, holding companies, subsidiaries, affiliates and any related companies, licensors and partners, and each of our and their respective officers, directors, employees, consultants, agents, representatives, contractors, content providers, vendors and suppliers be liable any bodily injury, loss of life, loss of property or any other accident that arise out of or is in any way connected with any use of the Platform, the Services or the Content available on the Platform.
The Company shall not be liable for Losses and damages resulting from the use of (or the inability to use) electronic means of communication with the Platform, including, but not limited to damages resulting from failure or delay in delivery of electronic communications, interception, or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
17. THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources, may contain links to the Services. The use of any website which are controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by these Terms. When you access third party resources on the internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resources. It is your responsibility to protect your systems from items such as viruses, worms, trojan horses and other items of a destructive nature. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third party links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of third-party links that may appear on the Platform.
18. COPYRIGHT INFRINGEMENT COMPLAINTS
The Company respects the intellectual property rights of others, and it strongly prohibits its Users from posting any Content on the Platform that violates a Person’s intellectual property rights.
You shall not use the Services in violation of any intellectual property rights of any Person, nor shall you utilize the Platform and the Services to publish Content in a manner that would expose them to public view in violation of Applicable Laws. The Company will, in appropriate circumstances, terminate access to the Platform/Services of violators. If a third party believes that you have violated their intellectual property rights and notifies us, we will forthwith take all necessary action, including but not limited to immediately terminating your access to the Platform/Services, in addition all other rights available to us under these Terms, under Applicable Law and in equity.
The Indian Copyright Act, 1975 (“Copyright Act”) provides a complaint procedure for copyright owners who believe that certain Content on the Platform infringes their rights. If you believe that your work has been improperly copied and posted on the Platform, please provide us with a written complaint the following information: (i) the description of the work with adequate information to identify the work; (ii) details establishing that the complainant is the owner or exclusive licensee of copyright in the work; (iii) details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under Section 52 or any other act that is permitted by the Copyright Act; (iv) details of the location where transient or incidental storage of the work is taking place; (v) details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and (vi) undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one days) from the receipt of the notice. On receipt of the written complaint, the Company, if satisfied from the details provided in the complaint that the copy of the work is an infringed copy, within the time prescribed under law, take measures to refrain from facilitating such access for a period of 21 (twenty-one) days from the date of receipt of the complaint or till it receives an order from the competent court restraining it from facilitating access whichever is earlier. The Company may restore the storage of the work in case the complainant fails to produce the orders of the competent court having jurisdiction, restraining it from facilitating access. In case the complainant fails to produce the orders of the competent court having jurisdiction within the stipulated period, the Company shall not be obliged to respond to any further notice sent by the same complainant on the same work in the same location.
You must send copyright infringement complaints to email@example.com.
19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms will be governed by the laws of India, without regard to conflict of law principles. Further, the courts at New Delhi, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
The concerned parties shall amicably resolve any and all disputes arising out of or in connection with these Terms, failing which the disputes shall be settled in accordance with provisions of the Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by the Company. Any arbitral award shall be final and binding on the parties. The seat of the arbitration shall be New Delhi, India. The language of arbitration shall be English.
Nothing contained in this Paragraph 19. shall preclude the Company from applying for and obtaining any injunctive, prohibitory, equitable or other similar urgent or interim relief from a court of law, if such judicial process is necessary to prevent serious and irreparable injury.
You may stop using the Platform and the Services at any time.
A Subscriber’s access to the Courses will automatically terminate upon the completion of the Course.
We may, at any time, terminate your right to access and use of the Platform and the Service(s) if:
you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
you fail to make the timely payment of fees for the Services, if any;
you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services); or
you have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services).
We may, at any time, terminate your right to access and use of the Platform and the Service(s) if we are required to do so by Applicable Law.
Upon termination of your access to the Platform or Services for any reason, you shall destroy and remove from all computers, devices, equipment, and other storage media all copies of any intellectual property owned by the Company that you acquired through the Services.
Upon termination, all licenses, and any other rights and services provided by the Company to the Users shall cease immediately. Any such termination may result in the forfeiture and destruction of information associated with your Account.
Upon termination, any and all rights granted to the User will immediately be terminated, and the User shall promptly discontinue all use of the Services.
Termination of these Terms, or any license, or User's access to the Platform and the Services shall not limit the Company from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve any User of its obligation to pay all fees that have accrued or are otherwise owed by such User.
All provisions of these Terms which, by their nature should survive termination shall survive termination, including, without limitation, the provisions governing any licenses you have granted to us, ownership of intellectual property, warranty disclaimers, indemnity, and limitation of liability.
21. MISCELLANEOUS PROVISIONS
Force Majeure: The Company shall not be liable to the Users or any other Persons or be deemed to be in breach of these Terms by reason of any delay or deficiency in performing, or any failure to perform, any of its obligations in relation to the Services or other obligations hereunder if the delay or deficiency or failure was due to Force Majeure. For the purposes of these Terms, “Force Majeure” shall mean any event beyond the reasonable control of the Company including, but not limited to any act of God, act of Governmental Authorities, legislative changes, malicious third party attacks on the Platform, electrical power fluctuations or failures, electrical or electromagnetic stress, environmental factors, failure of public utilities, labour unrest, hostilities between nations, war, riot, civil commotions, civil war, insurrection, blockades, import or export regulations or embargoes, national emergency, rainstorms, earthquake, fires, flooding, explosion or other exceptional weather conditions or natural disasters, acts of terrorism, accidents, sabotages, strikes, shortages in material or supply, destruction of service facilities, infectious diseases, epidemics, pandemics as well as travel restrictions or travel warnings due to any such events or any unforeseen change in circumstances.
Specific Relief: You acknowledge that your unauthorised use of the Services and/or the Platform may result in irreparable damage and injury to the Company and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Services and/or the Platform.
Legal Actions: No action, regardless of form, arising out of or relating to these Terms may be brought by you after 6 (six) months after the cause of action has accrued, except where this limitation cannot be imposed by law.
Waiver: Failure of the Company to require performance of any provision of these Terms shall not affect the Company's right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach. No waiver shall be effective unless in writing and duly executed by an authorized representative of the Company
Entire Agreement: These Terms including all related agreements and policies incorporated by reference herein, constitute the entire agreement between you and the Company related to the subject matter hereof.
Independent Rights: Each of the rights of the Company are independent, cumulative and without prejudice to all other rights available to it under law, equity or otherwise, and the exercise or non- exercise of any such rights shall not prejudice or constitute a waiver of any other right by the Company, whether under these Terms or otherwise. The rights of the Company with respect to any matter conferred under any provision of these Terms shall be in addition to any other rights conferred under any other provision of these Terms, in law or in equity.
Severability: If any provision of these Terms is held to be illegal, invalid, or unenforceable under present or future laws such provision shall be fully severable. Thereafter, these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of these Terms and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from these Terms. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, we shall add as a part of these Terms, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Evidence: Subject to the Applicable Laws of evidence, you hereby agree not to object to admission of these Terms as evidence in legal proceedings.
Proof: Any data in our systems can be used as proof for things that relates to your use of our Services and the Platform. This data can be used in legal proceedings, in the same way as any written document.
Assignment: These Terms and agreement evidenced by it is personal to you and is not assignable or transferable by you. We may assign, transfer or delegate any of our rights and obligations hereunder to any Person without your consent.
No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Notices: Any notices, requests and other communications required or permitted hereunder to be provided by the User to the Company shall be in writing, in English language, and shall be given by hand against written acknowledgement or receipt, or sent by registered mail, or by facsimile followed by a confirmation letter by registered mail, or by email followed by a confirmation of receipt. All notices will be deemed to have been duly given when received by the Company. Unless otherwise specified in these Terms, electronic notices should be sent to the Company at [●]. The Company will send its notices to the Users by way of an email at the email address provided by the Users.
You may contact us at the following address:
© Oneistox Inc.S-70, Panchsheel Park,
New Delhi- 110017,
India. Effective Date: July, 2021
Copyright 2019 to 2021: © Oneistox Inc. All rights reserved. No part of the Platform may be copied, reproduced, modified, or distributed in any form or manner without the prior written permission of Company.