ACCURACY OF INFORMATION
1. Although we may post information and material on the Website based on reliable sources, we do not make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability or completeness of any such information.
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- 2. The features and services on the Website are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Website, including but not limited to blog contents.
MODIFICATIONS TO SERVICES
1. We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The User agrees that we will not be liable to the User or to any third party for any modification, suspension or discontinuance of the Services.
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- 2. Expertrons may discontinue access or availability of any Content, portion of Content or category of Content and may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Expertrons reserves the right to refuse access to the Expertrons Platform, terminate any User’s accounts, remove or edit contents without any notice to you.
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- 3. You agree to receive installs and updates from time to time from Expertrons. These updates are designed to improve, enhance and further develop the Expertrons Platform and may take the form of bug fixes, enhanced functions, new software modules and new versions. You agree to receive such updates (and permit Expertrons to deliver these to you) as part of your use of the Expertrons Platform.
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PROPRIETARY RIGHTS
1. We are the sole owner or lawful licensee of all the rights to the Website and the Content. The Website and Services contain copyrighted material, trademarks, and other proprietary information that belongs to us and/or our licensors, and the User agrees not to reproduce separately our proprietary rights from the textual content associated with them, without first obtaining our prior written consent. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
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- 2. The User agrees that he/she shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If the User is blocked by us from accessing the Services (including by blocking his or her IP address), he/she agrees not to implement any measures to circumvent such blocking (e.g., by masking his or her IP address or using a proxy IP address). Any use of the Services or the Services other than as specifically authorised herein is strictly prohibited.
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- 3. By uploading any Content, the User hereby grants us and our affiliates an exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form. Without limiting the foregoing, if any Content contains the User’s name, image or likeness, the User agrees to release and hold us, our affiliates, and employees harmless from:
- a) All claims for invasion of privacy, publicity or libel;
- b) Any liability for claims made by the User (or any successor to any claim the User might bring) in connection with the Content. The User agrees and acknowledges that his/her participation in the Services and submission of Content is voluntary and that he/she will not receive financial compensation of any type associated with the licences, waivers, and releases set forth herein (or our exploitation thereof), and that the sole consideration for subject matter of these Terms is the opportunity to use the Services.
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- 4. The abovementioned licenses granted by you in the Content you submit to the Expertrons Platform shall continue to be valid and Expertrons may continue to retain or use such Content even after you remove or delete your account on Expertrons Platform.
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- 5. The User acknowledges and agrees that we may store any Content and may also disclose the Content if required to do so by law or in the good faith belief that such storing or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect our rights, property, personal safety, and our users or the public.
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THIRD-PARTY WEBSITES/SERVICES
1. The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the internet. We have no control over such sites, services and resources and we are not responsible for and do not endorse such sites, services and resources. The User further acknowledges and agrees that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings the User has with third parties while using the Services, are between the User and the third party, and the User agrees that we shall not be liable for any loss or claim that the User may have against any such third party.
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- 2. You acknowledge and agree that the availability of the Service may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and Expertrons and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
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ACCESS, PERMISSIONS AND RESTRICTIONS
1. By using the Expertrons Platform and/or the Services, the User agrees not to undertake certain activities which include but are not limited to:
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- a) Downloading or copying any kind of information for the benefit of another individual, vendor or any other third party;
- b) Caching unauthorised hypertext links to the Website;
- c) Uploading, posting, or transmitting any Content available through the Website that he/she does not have a right to make available (such as the intellectual property of another party);
- d) Uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- e) Undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- f) Use of data mining, robots, or similar data gathering and extraction tools;
- g) Bypassing any measures used by us to prevent or restrict access to the Website;
- h) Using the Expertrons Platform or its Contents for any commercial purpose including but not limited to (i) sale of access to the Expertrons Platform, (ii) sale of advertising, sponsorships, or promotions placed on or within the Expertrons Platform or Content or (iii) sale of advertising, sponsorships, or promotions of Expertrons on any page or website that provide similar Expertrons Platform;
- i) Making any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
- j) Accessing, monitoring or copying any Content or information on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- k) Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
- l) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- m) Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
- n) Deep-linking to any portion of the Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
- o) “framing”, “mirroring” or otherwise incorporating any part of the Website into any other website without our prior written authorisation.
- p) upload Content, post reviews, comments or send communications, which are not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable; andupload Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under the age of 18 or exploits anyone in a sexual or violent manner.
2. In addition to the restrictions set out above, the following limitation and conditions shall apply to your use of the Content:
- a) The Content utilized on the Expertrons Platform which shall include but not be limited to trademarks, service marks and logos, process, images, software, graphics are owned by or licensed to Expertrons and subject to copyright and other intellectual property rights under the applicable law.
- b) The Content is provided to you on an ‘as is’ basis. You may access the Content solely for your information and personal use and as permitted under these Terms. You shall not download any Content unless you see a ‘download’ or similar link displayed by Expertrons on the Expertrons Platform for such Content.
- c) You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of Expertrons or the respective licensors of the Content. Expertrons and its licensors reserve all rights not expressly granted in and to the Expertrons Platform and the Content.
- d) You understand that when using the Expertrons Platform, you will be exposed to Content from variety of sources and by different Users, and that Expertrons is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Expertrons with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Expertrons, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Expertrons Platform.
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3. With respect to the Content uploaded by a User who is a Mentor, the following conditions shall also apply:
- a) You represent and warrant that you have all necessary permissions and approvals for creating and submitting the Content and that the creation and submission of the Content with Expertrons Platform will not be in contravention to any contract signed by you. In no event shall Expertrons be held liable if you fail to procure any permission or if you contravene any contract with any third party.
- b) As a User, you may submit Content on the Expertrons Platform, including videos and comments. You agree and acknowledge that Expertrons does not guarantee any confidentiality with respect to any Content that you submit.
- c) You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content on the Expertrons Platform.
- d) You represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit.
- e) You further agree that Content you submit on the Expertrons Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Expertrons all of the license rights granted herein.
- f) You represent, warrant and confirm that the Content uploaded by you is not: (i) false, inaccurate or misleading, (ii) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (iii) violate any law, statue, ordinance or regulation, (iv) defamatory, unlawfully threatening or unlawfully harassing, (v) obscene or contain pornography and (vi) Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- g) You undertake and confirm that you shall not during your use of the Expertrons Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any User, whether an Aspirant or a Mentor. If at any time Expertrons becomes aware that that you are engaged in any kind of harassment of other Users, then in such a case Expertrons shall have the sole right to suspend / terminate your account with immediate effect and without any notice and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- h) Expertrons may at its sole discretion process any audio or audio-visual content uploaded by you to the Expertrons Platform to confirm if the same is in accordance with Expertrons’ quality requirements and if the same is compatible with the Expertrons Platform.
- i) Expertrons does not endorse any Content submitted on the Expertrons Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Expertrons expressly disclaims any and all liability in connection with the Content. Expertrons does not permit copyright infringing activities and infringement of intellectual property rights on the Expertrons Platform, and Expertrons will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Expertrons reserves the right to remove any Content without prior notice if it has reason to believe that such Content infringes any copyright.
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INDEMNITY
The User agrees to release, indemnify and hold us, our affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to the User’s use of the Services, any Content, in connection with the Services and/or the User’s violation of these Terms.
LIMITATION OF LIABILITY
In no event shall we be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Services. We reserve the right to assume exclusive control of its defence, and of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with us in connection therewith, and hereby expressly agrees to bear the cost thereof.
TERMINATION
1. The User agrees that we may, in our sole discretion, suspend or terminate the User’s account (or any part thereof) or use of the Services and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if we believe that the User has violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of the User’s use of Services, may be referred to appropriate law enforcement authorities. The User may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. The User agrees that any termination of his/her access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete the User’s account and all related information and files in his or her account and/or bar any further access to such files or the Services. Further, the User agrees that we will not be liable to the User or any third party for termination of the User’s access to the Services.
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- 2. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on the User will survive the expiration or termination of these Terms.
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- 3. In case of of a User’s account or access to the Services, Expertrons reserves the right, in its sole discretion, to withhold or stop any and all payments that are to be made to such User. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute. Payments shall not be made for the work that is the subject matter of any of the breaches. User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
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- 4. Any and all provisions related to or regarding Proprietary Rights, Limitation of liability, Confidentiality, and Indemnification hereby survive any termination of these Terms and Conditions or any termination of your use of or subscription to the Services.
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CONFIDENTIALITY
1. You will not without obtaining prior written consent of Expertrons, disclose to third party any Confidential Information that is disclosed to you during the term of your use of the Expertrons Platform.
2. Confidential Information’ shall include but not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Expertrons or Expertrons Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Expertrons and any breach of the same shall cause irreparable damage to us.
WAIVER AND SEVERABILITY
The User agrees that no action of Expertrons, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. If any section of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other sections of these Terms will continue in effect.
GOVERNING LAW AND DISPUTE RESOLUTION
1. Initial Resolution. We are available by email at support@expertrons.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the Expertrons agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a legal proceeding.
2. These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this section, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Website.
3. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this section. The tribunal shall consist of 1 (One) arbitrator. The language of the arbitration shall be English.
4. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
5. Each party to the arbitration shall bear its own costs with respect to any dispute.
INDEPENDENT CONTRACTORS
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
NO MODIFICATIONS BY OUR EMPLOYEES
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
NOTICES
You agree that the Expertrons may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the Site or Services.
REFUND POLICIES
If for any reason and at any time the Student withdraws from the Expertrons Program, then, the Student shall be under an obligation to provide the Company and the Company Agent with a prior written notice of 10 (ten) days’ notice of such withdrawal from the Expertrons Program and the effective date of such withdrawal thereto. The following conditions shall apply in case of withdrawal by the Student from the Expertrons Program within 3 (three) days of commencement of the Expertrons program, the Student is liable for cost of training and support received, and no refund of tuition fee shall be processed. If the Student drops out after 10 (ten) days after commencement of the Expertrons Program, then, in such case, the Student shall be liable to fulfil all its payment obligations and other terms and conditions as set out in this Agreement. For avoidance of doubt, it is hereby clarified that the Payment Term shall commence from the date the Student leaves the Expertrons Program.
COMMUNICATION
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to Expertrons by contacting us at:
Name: Expertrons Technology Private Limited
Email: support@expertrons.com
Phone: +91 7208760080