1. INTRODUCTION
1.1. This website, application, and platform (collectively the “Platform”) has been developed by [ThinkMates] (“We” or “Us”) and offers [Upskill Courses and Programs].
1.2. These Terms of Use (“Terms”) is a legally binding document governing the relationship of each person (“You” or “Your”) visiting our website and accessing our offerings. In the event You choose to register Yourself as a user and subscribe to the services provided on this Platform, it will be deemed that You have read, understood, and agreed to fully abide by all the Terms as contained herein.
1.3. In the event You do not agree to these Terms, you are not entitled to avail of/use the Platform and any use thereafter shall be unauthorised.
1.4. These Terms shall apply to all third-party hosted applications and social media forums utilised by Us, which shall be deemed to be part of the ‘Platform’ by reference and any such utilisation by You shall be deemed to use of this Platform. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and You agree to abide by their terms and conditions. We shall not be responsible for any disruption of services caused by such third-party service providers.
1.5. We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform if you are not happy with any changes to these Terms. Any new feature or tool which is added to the current website shall also be subject to the Terms.
1.6. We make no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
2. ENROLLMENT
2.1. In the event You wish to participate and make use of the Platform, You would need to register for a personal account (“User Account”), which will be unique to You. During the registration process, You shall have the option to choose the program, You wish to enroll under (“Program”). Upon payment of the Program fees – in part or whole, depending on the Program – We shall grant You access to the Program. The invoice provided to you along with the email confirmation shall be a proof of delivery against the successful payment of fees.
2.2. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account. You can terminate your account at any time after due intimation to our support team and by following the procedures as indicated by our support team. Check our Privacy Policy to see what happens to your information when you terminate your account.
2.3. Upon enrolment and during your enrolment, We grant you a non- exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform for your own personal, non-commercial and private use on an ‘as is’ basis in accordance with these Terms. We may automatically remove your access to the Program after the end of the period of the Program selected by You.
2.4. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.
2.5. You are also hereby expressly barred from transferring or reselling courses in any way. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sub-license, or otherwise transfer or use any course unless we give You explicit permission to do so in writing.
2.6. Notwithstanding payment of fees for the Program, we reserve the right to discontinue or revoke access to the Program for You if we: (i) in our sole determination, determine that You have violated these Terms; or (ii) due to legal requirement.
2.7. We reserve the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. You agree that we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. Nothing in these Terms shall be construed to obligate us to maintain and support the Platform or Programs or any part or portion thereof or any associated services.
2.8. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.
2.9. In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be sensitive personal information. We may use, maintain, and store this information to provide certain services to you now and in the future, and may share such information with our partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our privacy policy, we may share certain materials or information about you with third parties.
3. PAYMENT TERMS AND REFUND POLICY
3.1. Unless otherwise expressly agreed in writing by Us, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by You, and to our satisfaction, we may, in accordance with the applicable refund policy choose to refund the Program fees paid, subject to deduction of such applicable charges, if any. Once the trial window is closed, there will be no refund allowed for any reason whatsoever.
3.2. It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
3.3. Purchase of a Program will allow you access only to the content available under the category of content for which you have purchased the Program.
3.4. All payments made on the Platform including for the Program are subject to availability of internet to make online transfers. Payment of direct cash or cash equivalent are not acceptable. During any payment made on the Platform, we may direct You a secure third-party payment gateway platform to successfully make the payment. While You are on the system of such third-party platform, You are required to comply with their terms and any failure in payment made, which has not been reflected in our accounts is to be dealt by You in accordance with their terms and conditions.
3.5. You agree that in case third-party payment provider stores any such information, we will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and we are in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
3.6. Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. we do not support all payment methods, currencies, or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
3.7. Program pricing listed on the Platform webpage for each course is subject to changes without notice. The prices of courses are determined keeping in mind the applicable terms and other conditions such as applicable taxes, which, we are responsible for collecting and remitting that tax to the proper tax authorities. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
3.8. Please note that all payments are collected by us only through the Platform and not through any third parties (except third-party service provider(s)). We do not usually authorize any third party (except third-party service provider(s)) to collect monies on our behalf; however, if we have authorized any third party then such third party will have received a written authorization from us either by way of any agreement or an authorization letter. Kindly verify with such third party before you make any payments to them, alternatively, you can always check with us by writing to us at email address provided under the ‘Contact for User Support/Queries’ section below.
4. CANCELLATION AND REFUND POLICY
4.1. You can’t be able to cancel your purchased Course or a Program. Any Courses or Program’s purchased via pre-book, Instalments or full payment are Non-Refundable.
4.2. Deletion of Account. You may delete your account at any time by either writing to us at the email address provided hereinbelow. If your account is deleted (regardless of the reason), you will no longer has access to your account on the Platform and your user-generated content may no longer be available; any deletion once processed is irrecoverable. We are not responsible for the loss of your information and/or User-generated Content upon deletion and we shall not be liable to any party in any way for the inability to access user-generated content arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it. Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform, however, we shall anonymize your personal information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
5. DISCLAIMERS
5.1. Parts of this Platform offer an opportunity for users to post and exchange opinions and information in certain areas of the Platform. We do not filter, edit, publish or review comments prior to their presence on the Platform. Comments do not reflect our views and opinions but reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, we shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered because of any use of and/or posting of and/or appearance of the comments on the Platform. We reserve the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms.
5.2. Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that we will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
5.3. The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
5.4. The Platform, Programs, and any information are provided on an “as is” and “as available” basis with all faults.
5.5. We make no representations or warranties of any kind, whether expressed or implied, with respect to the offerings on this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.
5.6. The user understands and agrees that all content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data.
5.7. Under no circumstances will we be liable in any way for use of any content or any other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your use of or reliance on such information or data. -No advice or information, whether oral or written, obtained by the user from us or through or from the services, shall create any warranty by us.
5.8. Testimonials, reviews, and success stories, etc. appearing on the Platform are individual experiences, reflecting real life experiences of those that have used our products and/or services in some way or another. However, they are individual results and results may vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services. The testimonials, reviews and success stories presented on the Platform are applicable to the individuals writing them and may not be indicative of future performance or success of any other individuals. We cannot and do not guarantee results.
5.9. There might be trademarks, logos and brand names of other companies featured or referred on the website (“Third-Party IP”). Use of these names, trademarks, and brands or Third-Party IP does not imply endorsement. These are the property of their respective trademark holders. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party IP displayed on the Platform without the written permission of the owner of the applicable Third-Party IP.
5.10. We are not a university or an educational institution but an education service provider. Any Program that we offer through third parties is governed by their terms and conditions. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you with such third-party institutions, and (b) allows you to access or use the resources or receive any benefits or privileges of any third-party institution, beyond the Programs.
5.11. We may offer a credential or other acknowledgement for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at our discretion. The format of any credential or other acknowledgement, and of any performance, provided relating to Programs will be determined by us at our sole discretion and may vary from Program to Program.
5.12. Further, in respect of your interactions on the Platform, we are only an intermediary and do not monitor any of the interactions that take place between users on the Platform, but we have has clearly laid out the terms and guidelines you must follow in your conduct on the Platform as part of the Terms; and if we receive from any user a complaint of misconduct against you, in any form, or if we otherwise deem necessary, we reserve the right to suspend or terminate your access to any the Platform or any part thereof at any time, with or without giving any notice or reason.
6. OUR RIGHTS
6.1. In respect of the entire Platform, we reserve the following rights:
(a) put on-hold or reject or suspend or terminate your registration on the Platform for the purpose of complying with the legal and regulatory requirements;
(b) to remove you and/or the user-generated content without notice if you violate any provisions of the Terms;
(c) We may modify, terminate, or refuse to provide services at any time for any reason, without notice;
(d) Notwithstanding anything contrary stated in the Terms, in its sole discretion, we may remove anyone from the Platform at any time for any reason;
(e) We reserve the right to access your account and/or the user-generated content in order to respond to requests for technical support, to maintain the safety and security of the Platform, legal purposes and for other legitimate business purposes, as necessary, in our discretion;
(f) We have no obligation to monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Users, however, if we receive notice or become aware of, any violation of the Terms, then, we reserve the right to refuse you access to the Platform, terminate accounts or remove such violating content at any time without notice to you; and
(g) We own the Platform and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization. All right, title, and interest in and to the Platform, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide are and will remain our exclusive property. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use our name or any of the trademarks, logos, domain names, and other distinctive brand features.
6.2. Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform Terms.
6.3. We reserve the right to offer custom plans and pricing (including discounts and / or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms. Further, we are solely authorized to offer discounts / offers, if any, on the prices for a Program. These discounts / offers are communicated on the Platform or via direct communication to you via email, SMS, phone, or such other means of communication, and can be availed only through the Platform, unless otherwise specifically communicated by us. Other than us, no person, including without limitation, any third-party platform, are allowed to offer any discounts on and for the Programs offered on the Platform. We shall not be liable for any claims arising from such unauthorized discounts / offers offered by any person other than us.
7. YOUR REPRESENTATIONS AND OBLIGATIONS
7.1. In your use of the Platform, you will, at all times, comply with all applicable laws and regulations.
7.2. You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other personal information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.
7.3. Further, to access the Platform, view the ThinkMates generated content on the Platform, you will need to use and maintain a compatible device which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which you are authorized to operate the Platform, at your own expense. The supported/compatible devices to access the Platform and/or avail the Program may change from time to time and, in some cases, whether a device remains compatible may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are supported/compatible devices at one time may cease to be supported/compatible devices in the future. thus, kindly make sure that the device that you use is compatible with our system/software to use the platform and avail the services offered therein.
7.4. The link offered to you for using the Platform and attending the Program shall also be non-transferrable. These terms shall be applicable in relation to your use of any communication shared by us.
7.5. Reporting Content. If you see any content that you feel is inappropriate and violates the guidelines given here, please report the content. If you encounter a video that you believe violates the privacy of an individual or violates your privacy, please report the same, we shall initiate action accordingly as we have a strict privacy policy. If you report any content for violation of privacy, the content will be removed only if the information, images, or date is clearly identifiable. In the event a fellow user harasses you or you believe that someone is being harassed on the platform you can report the user or content. You may even write to us for any further help or assistance.
7.6. Posting Content. When posting any content from your personal dashboard/User account always ensure that the information is correct, the content itself does not belong to a third party and that it is free from any of the prohibited acts in these Terms or under applicable law or violates basic decency including towards other users. You will be personally held responsible for your actions on the Platform, thus please ensure that any content that you post including comments does not hurt the sentiments of any group or individual and cannot be construed as being harassment or bullying. You shall not post the following type of content:
(a) Harmful or dangerous content;
(b) Hateful content;
(c) Violent and graphic content;
(d) Spam, misleading information, and scams
(e) Content that violates intellectual property of others;
(f) Privacy violation;
(g) Impersonation; and
(h) Any other type of content that may cause harm in similar manner as the other content mentioned above.
7.7. You are prohibited from activities that involve screen- recording, screen-casting or downloading on any other device of any content (live or recorded) in any manner that is not directly facilitated as feature within the Platform and/or sharing or otherwise publishing such screen-recorded content on third-party platforms, either for a cost or otherwise. If we become aware of your engagement, either by yourself or through a third-party, in any such activity, then we may immediately terminate your or such User’s access / enrolment along with termination and removal of access to all downloaded content with a right to initiate appropriate legal action, at our sole discretion.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The Platform, Programs and related services are owned and operated by us and our licensors. All content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “ThinkMates Content”), are our property and/or our affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is our property and is protected by Indian and international copyright laws.
8.2. Our logos, trademarks and service marks that may appear on the Platform and in the Program (“ThinkMates Marks”) are our property and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, online courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without our express written consent.
8.3. As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any ThinkMates Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the ThinkMates Marks or the name, trademarks, service marks, or other materials of any third party in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
8.4. The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the ThinkMates Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such ThinkMates Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit, or create derivative works of Platforms, Programs or any ThinkMates Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.
8.5. You may not reverse-engineer, decompile, disassemble, or otherwise access the source code for any software that may be used to operate the Platform or the Programs.
8.6. For certain courses, we provide legal software licenses for the students to practice. The license for these courses will be available only for the duration of the course and must be used only for learning the course for which the license was provided. The use of these licenses for commercial activities will result in an immediate loss of access to the course, the support system, and any certificates. Commercial use will also lead to legal prosecution.
8.7. You retain your ownership rights in your user-generated content. However, you grant a limited license to us to make available the user-generated content on the Platform. Furthermore, you confirm that you shall not host, display, upload, modify, publish, transmit, store, update or share user-generated content or any information on the Platform that is in violation of these Terms, applicable law, or decent conduct.
8.8. You may not use any of these Third-Party IP, or any variations thereof, without the owner's prior written consent. You may not use any of these Third-Party IP or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
8.9. Please verify all content prior to use. In the event you come across any content that is incorrect, infringing, offensive, indecent, or objectionable, please notify us immediately at the address mentioned at the bottom of this page.
9. INDEMNITY, RELEASE AND LIMITATION OF LIABILITY
9.1. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us, our affiliates, our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your user-generated content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and your use of the Platform.
9.2. Release. You hereby expressly release us, our affiliates and any of our respective officers, directors, employees and agents from any cost, damage, liability, or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of us, our affiliates and any of our respective officers, directors, employees and agents under any statute, contract or otherwise.
9.3. Limitation of Liability. To the fullest extent permitted by law, we, our officers, directors, employees, and agents: (i) in no event shall be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever; and (ii) we disclaim and exclude all warranties, express or implied, in connection with the Platform and your use thereof, including in relation to:
(a) representations about the accuracy, security, reliability, quality, availability or completeness of the Platform, user-generated content on the platform, or the content of any sites so linked;
(b) assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of user-generated content or any content on the Platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party; and
(c) we will not be liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.
9.4. Neither us nor our affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will we be liable for any damages in excess of the fees paid by you in connection with your enrolment into a Program.
10. TERMINATION OF RIGHTS
You agree that we, in our sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if we believe that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be affected without prior notice to you and that we shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that we may retain and store your information on our systems notwithstanding any termination of your account or enrolment into the Programs.
11. MISCELLANEOUS PROVISIONS
11.1. These Terms do not in any manner create any relationship whatsoever as between You and [ThinkMates], either as a joint venture, partnership, employment, or agency relationship. Performance of these terms by us is subject to existing laws and legal process in India, and nothing contained in this agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.
11.2. Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and [ThinkMates] with respect to the Platform and it supersedes all prior communications and proposals, whether electronic, oral, or written, in this regard.
11.3. We may, in our sole discretion, modify or revise the Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Agreement shall be taken as your consent and acceptance to such modifications. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates.
11.4. We shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
11.5. If any part of these Terms is found to be unlawful, void, or unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing. We do not guarantee continuous, uninterrupted, or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
11.6. We may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without our prior written consent.
11.7. These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by us, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Hyderabad, India. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator to be appointed by us. The proceedings shall be conducted in English and the seat for arbitration shall be Hyderabad.
12. CONTACT US
Last updated on Dec 30th 2023
You may contact us using the information below:
Merchant Legal entity name: THINKMATES EDUTECH PRIVATE LIMITED
Registered Address: Indian Institute of Information Technology, Gachibowli
K V Rangareddy, TELANGANA - 500032
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