These terms and conditions of use of the services (whether through website or mobile application (“App”)) is entered into between BAYSIDE MEDIA PRIVATE LIMITED, a company incorporated under the laws of India, and having its registered office at 4/31, Artistes Village CBD Belapur,Navi Mumbai, Maharashtra- 400614 (hereinafter referred to as ” Company” / “We” / “Us” or any variations thereof, which term shall include its successors, permitted assigns and group companies or affiliates) and the users of the services provided by the Company (“You” or “Your” or “Yourself” or “User” or “Subscriber”) describe the terms on which the Company offers You such services including the Services (as defined hereunder).
Please read the Terms and Conditions (“T&C”) carefully before using or registering for the Services with the Company. It is hereby clarified that, by subscribing to the Services, You also accept and agree to be bound by all the terms under this T&C, as amended from time to time. By downloading, browsing, accessing or using the website or App you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If You disagree with any of these Terms and Conditions of Use, You must immediately discontinue Your access to the services on the website or App and Your use of the services offered on the website or App. Continued use of the services on website or App shall constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
You further understand and acknowledge that this T&C form an integral part of the “Terms of Use” and shall be read together.
1.General
- > We, Bayside Media Private Limited, are a private limited company primarily engaged in the business of media and community access. https://www.sealprofessional.com is an Internet based portal owned and operated by the Company. The Company also has floated an App which provides services such as [●]. As part of the various services and facilities provided by Us, We are now under the initiative to provide services relating to professional skill set development services in the name SEAL Training Program to its registered subscribers. This T&C sets out the terms and conditions applicable to such Services including the eligibility, nature of services, payment and other conditions as are detailed below.
- > The use and avail of the Services offered to You is conditional up on Your acceptance of all the terms, conditions and notices contained in these T&C, privacy policy and terms of use of the Website and App and such other documents containing the terms of Services as shall be stipulated by the Company from time to time (“Terms of Use”). The Terms of Use may be updated or amended by the Company, at its sole discretion, from time to time. Any such update and amendments of the Term of Use shall be posted on the Website and/or App.
- > You further agree that the Company may, at any time, modify or discontinue all or part of the Website and/or App and/or the services thereunder including the Service and additional services (if any). In the event of any change in any Services or addition of any additional services, the revised Terms of Use for the same shall be made available on the Website and/or App. Your use and avail of the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You can also determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend herein. It shall be Your responsibility to check these Terms of Use periodically for changes.
- > You acknowledge that the Company reserves the right to refuse access to use the Services offered to the subscribers or to terminate the Services including any additional services, without according any reasons for doing so.
2. Services – General Terms
We are committed at providing the Services in the name of SEAL Training Program and any additional services (added from time to time) which shall be subject to the terms of payments and other conditions provided hereunder to various Subscribers, on payment of the applicable fees and on the terms and conditions as more fully described under this T&C (“Services”):
- > You hereby agree and acknowledge that We shall be entitled to render the Services to You either by us or through any of our group companies, permitted assigns and authorized representatives.
- > You agree that the Services shall be available to You only upon payment of the applicable Service Fee (defined hereafter). You acknowledge that the Service Fee is subject to variation, at the sole discretion of the Company, and the Company shall intimate You the revised Service Fee. Your membership with the Company shall be valid until March 2021 (defined hereafter) (“Term”).
- > Upon expiry of the Term, the Services to be provided shall expire.
- > In addition to the above stated Services, the Company may provide additional services under the package, from time to time (“Additional Services”). However, the Company may (at its sole discretion) be entitled to charge additional fees for such Additional Services, which shall be intimated to You. It is hereby clarified that such fees towards Additional Services, if levied, shall be deemed part of the Service Fees.
- > The Company may require You to provide Your consent to the Terms of Use in a specified manner prior to any further use of the Additional Services or modified Services. If no such separate consent is sought, Your continued use of the Additional Service or modified Services will constitute Your acceptance of the Terms of Use including updates/ modifications made if any.
- > The Services are available to You vide Our Website and You may avail the same either through Our registered helpline number(s) or the e-mail id or such other facility specified on the Website or as prescribed under each Services hereunder. You agree that You shall not, in any event, make any prank calls or fake calls or fake intimations (in any manner) to the Company with respect to any emergency or otherwise.
- > The Services are provided in cities such as Mumbai, Pune, Bangalore, Kochi, Coimbatore, Indore, Chennai and such other cities as maybe mentioned (“Territory”). You acknowledge that We shall not be liable to provide the Services outside the specified Territory. All disputes are subject to the jurisdiction of the High Court of Mumbai
3. Services – Detailed terms and conditions
(SEAL)
SEAL has six verticals, HR, Operations, Management Training, Learning and Developments, Sales and Digital Marketing. Details are provided in https://www.sealprofessional.com.
Products offered under SEAL:
At present, the Products offered under SEAL are categorized into three phases as mentioned herein below:
- 1. SEAL prep
- 2. SEAL prep + core
- 3. SEAL elite
The Phase 1 provides a three-day training course by professionals to the Subscriber which also provides four weeks of work experience in marketing and human resource. All the necessary curated content shall be made available on the website for the reference of the Subscriber. No cover-ups shall be provided in the event the Subscriber misses any session under this Phase.
The Phase II is further divided into the prep and the core:
Prep consists of a three-day training course by the professionals to the Subscriber which also provides four weeks of assignment along with one-month advanced training of two hours each. All the necessary curated content shall be made available on the website for the reference of the Subscriber. It also consists of electives with fifteen options made available to the Subscriber as electives.
Core is an advanced one-month course that covers topics of the Subscriber’s choice in the MBA program with an exposure to the business world. Core is further divided into Core-Management, Core-Tech and Core-Liberal arts. Core-Management is one-month training course available consisting of four-day theory and two-day assignments per week and it also covers topics such as Human Resource, Operations, Marketing/Sales and Finance. Core-Tech provides live virtual training in both Python and Machine Learning ad also provides training in soft-skills, cracking aptitude and logical reasoning test conducted by technology companies. Core-liberal arts consist of live virtual training and home assignments in public relations, journalism and advertising.
The Phase III shall be a three-month course with live projects and two to three month of startup experience. It is an invite-based course with an opportunity provided to top performing Subscriber for international internships and also provides an opportunity premium placement in a listed company. SAP FICO training is also provided on invite basis only as a part of this program which may require the Subscriber to have knowledge relating to finance (the Subscriber should have a background of B.Com, BMS, CFA etc.) and also requires the Subscriber to clear an interview.
The Subscribers shall be given the option to choose the field, industry, month of preference and other requirements for internships/ placements under SEAL by writing an email to the placement team well in advance and shall not be provided with the option to choose a specific company to be placed in. Provided however that nothing shall cast any obligation on Seal to ensure that all the criteria is met with; the Company will attempt for any or a combination of the criteria stated by the Subscriber. The domain chosen by the Subscriber shall be in line with the education and the job experience of the Subscriber. The Subscribers who have just cleared SEAL exams with poor academic scores/ have not cleared are not eligible for a placement in their chosen field. The Subscribers may be required to relocate to another city for an internship/placement of their choice, provided however that all costs in connection with such internship shall be borne by the Subscriber and the Company shall not be liable for the same.
Upon placement with a company, You are obliged to abide the policies of the company and terms of arrangement entered into or stipulated by such company. You also agree that You may be required to execute any documents with such company, as may be required by the company. You hereby agree to abide by the same.
- 1. Placement drives to be conducted thrice a year – March, September and November. Exceptions will be treated on best effort basis.
- 2. Eligibility for finance or tech internships will depend on relevant skill sets and background in the same.
Exclusion of liabilities of the Company:
The Company shall not be liable;
- 1. To provide any further assistance in getting the Subscriber placed in the event the Subscriber is removed from internship by the company due to any breach or violation by the Subscriber or if the Subscriber gets fired eventually by the company in which he/she gets placed on account of inappropriate behavior, poor performance etc.
- 2. In the event the Subscriber is asked to perform any task outside of the Services provided by the company during the internship/placement.
- 3. In the event the Subscriber does not keep a constant check on the updates/schedules provided by the Company via emails etc.
- 4. For the salary provided as it shall follow the industry standards.
- 5. For non-qualification of the Subscriber, i.e.if they fail to meet/ qualify individual company selection which may consist of interviews, aptitude tests, technical rounds, logical reasoning tests etc.
You hereby agree and acknowledge that the Company is entitled to alter the course programs including criteria and placement requirements, from time to time.
4. Eligibility to Use
- > You hereby represent that You are of legal age to form a binding contract with the Company and are not a person barred from receiving the Services under the laws as applicable in India.
- > The Services are available only to the registered members to the Services, upon submission of the duly filled registration form (“Enrollment Form”) along with the fees payable towards availing the Services (“Service Fee”) and all such supporting documents as are required to be provided (“Supporting Documents”). As for the use of Services in relation to the App, the Subscribers are required to submit the requisite information in the Enrolment Form after downloading the App. The Company may or may not charge Service Fees for Services provided through the App and the Subscriber is required to make adequate payments for continued Services on the App, if the Services are provided on fee-basis.
- > In the event, the Subscriber has made a part payment of the Service Fee or has opted to avail a loan for the payment of the Service Fee, the same shall have been completely processed for the Subscriber to be eligible to attend classes or avail the Services under SEAL.
- > You hereby acknowledge that SEAL shall under no event be liable towards You for repayment or any other obligations under the loan availed by You towards the Service Fee. You hereby agree to provide adequate undertaking to this effect in favor of the Company. Further You hereby agree to indemnify and hold harmless any loss suffered by the Company due to non-payment or failure to comply with any terms under the loan availed by You.
- > No refund shall be provided to the Subscriber prior to the start of any session and the Subscriber can only avail a credit note or transfer the seat to another candidate. On starting of the sessions by the Subscriber, no refund shall be provided by the Company even if the Subscriber fails to continue the course under SEAL.
- > Upon successful registration, the Services can be availed by the subscriber (“Subscriber”).
- > At the time of registration, the membership will be activated for the Subscriber and the Subscriber shall be eligible to enjoy the Services. The Supporting Documents for KYC verification should be submitted before registration and subject to successful completion of the KYC verification, the Subscriber shall be eligible to avail the Services from the date of successful verification and registration.
- > The Subscribers are provided access to the App. In the event the Subscribers are unable to attend any of the sessions in any Course, the Subscribers can access the video recorded session through the App.The Subscribers are also provided with such other Services on App as may be mentioned herein in these Terms and Conditions. You hereby acknowledge that You shall not download or attempt to download the videos made available to You vide our App. The Subscribers shall not be provided with any session notes and are required to make their notes in every session that they attend. Attendance shall be mandatory for all the sessions. If the Subscriber misses any offline session, the same shall be made available online by the Company to the Subscriber.
- > An account (“Account”) shall be created for every Subscriber to access the App for availing the Services provided therein. Registration under the App shall mean creation of the Account in favor of the Subscriber.
- > You hereby give your consent to use the information provided by You to us either through the website or the App including to use, process and store the data in relation to the Services as rendered / shall be rendered from time to time by us. You acknowledge that we may use, process, store/transmit the information provided by You either by ourselves or through any of the affiliates or permitted authorized third party business associates of our Company in connection with the Services rendered and for the fulfilment thereof.
- > You hereby acknowledge that the Services shall be available only to Subscribers who are residing at the same residential address. In the event if any of the Subscribers move out of the registered residential address, the Services shall not be available to such Subscriber.
- > You hereby agree and acknowledge that the membership with the Company for the Services and the facility available under the Services are strictly non-transferable and shall only be used/availed by the registered Subscriber.
- > You shall be required to provide the following Supporting Documents towards identification:
- > Any photo identity proof issued by government such as voters ID, PAN card, Passport, Aadhaar Card etc.
- > Any valid proof for residential address for all Members such as Passport, Electricity bills, Gas connection, etc.
- > Any qualification certificates as may be necessary for enrollment to SEAL
- > any other documents/ information as may be required by the Company, from time to time.
- > The Subscribers are provided an option of re-test in the event they fail to clear the SEAL exams in one attempt. In the event the Subscriber fails to attend/clear the re-test as scheduled by the Company, the Subscribers shall not be liable for certification any further.
- > The certifications under SEAL provided shall be subject to the Subscriber completing the SEAL exams which include in-class assignments, live projects, home assignments and final exams. The Subscribers are expected to work on the class assignments and at home in order to complete the course/ Product/ Products availed under SEAL.
5. Membership Activation
- > Upon registration and payment of the Service Fee, You will be provided with a confirmation e-mail containing the membership details such as Your membership number (Membership Number), validity etc. on Your registered e-mail provided to the Company in the Enrollment Form. However, the Company shall not be liable if in the event the registered e-mail is incorrect or the e-mail is not delivered to You on account of any technical reasons or any reasons beyond the control of the Company.
- > The membership activation shall commence from the date of registration and the Subscriber be eligible to avail the Services in accordance with its terms (“Activation”). Kindly note, the term of membership will be reckoned from the date of registration of the Subscriber with the Company.
- > Your membership shall be valid for the duration of the Term.
- > As a subscriber, You shall not be allowed to have more than one subscription under the same name and/or address.
- > You, on becoming a Subscriber, agree to be bound by the Terms of Use of the Company.
- > You acknowledge that You will be responsible for maintaining the confidentiality of the Membership Number and other details in connection with Your membership and are fully responsible for all activities that occur under Your Membership Number. You agree to immediately notify the Company of any unauthorized use of Your Membership Number or any other breach of security. The Company shall not be liable for any loss or damage arising from Your failure to comply with this Section. Further, You understand that You may be held liable for losses incurred by the Company or any other user of the Company services due to authorized or unauthorized use of Your Membership Number or membership with the Company as a result of Your failure in keeping Your registration information (including Membership Number) secure and confidential.
6. Subscriber Obligations
- > Subject to compliance with the Terms of Use as well as other Company policy including the privacy policy of the Website, You are granted a non-exclusive, limited privilege to access, use and avail the Website and the Services We provide.
- > Further, You undertake not to:
- 1.Defame, abuse, harass, threaten or otherwise violate the legal rights of other Users of the Services;
- 2.Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, in connection with the Services;
- 3.Engage in any activity that interferes with or disrupts access to the Website or the Services to other Users;
- 4.Collect or store data of other users or attempt to gain unauthorized access to any other Users’ account/membership or information, by hacking, password mining or any other illegitimate means;
- 5.Upload files, material or any information in violation of the intellectual property rights or privacy rights of another person;
- 6.Upload files, material or any information in violation of any confidentiality agreement with respect to a third party;
- 7.Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website/Services;
- 8.Use the Website/Services or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties
- 9.Violate any code of conduct (http://www.sealprofessional.com/wp-content/uploads/2018/07/Code-of-Conduct.pdf) or other guidelines or applicable laws in India, which may be applicable for or to any particular Service;
- 10.Violate any applicable laws or regulations for the time being in force within or outside India; and
- 11.Violate the Terms of Use including but not limited to the terms of the Website contained herein or elsewhere.
- > You agree to use the Services, the Company Website and App and all services/materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) in accordance with the applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- > You should take all responsibility for your own actions in utilizing the Services and the Company shall not be liable for any such action.
- > You are also under an obligation to use this Website/ Services/ App reasonably, within the prescribed time limit, as per the rules and regulations of SEAL mentioned in Enrollment Form or any other connected document of SEAL and in a lawful manner only and shall not indulge in any activity that is not envisaged through the Website/ Services/ App.
- > You agree to strictly adhere to all limitations on (i) the terms for the Services provided hereunder; and (ii) use and reproduction of any materials that You access on the Website in accordance with the terms hereof.
- > You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or authorized representatives/ permitted assigns may suffer) for any such breach.
- > Without limitation, You undertake not to use or permit anyone else to use the Services on App:
- > to send or receive any material which is not civil or tasteful;
- > to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
- > to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- > to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- > to cause annoyance, inconvenience or needless anxiety;
- > to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- > for a purpose other than which we have designed them or intended them to be used;
- > for any fraudulent purpose;
- > other than in conformance with accepted Internet practices and practices of any connected networks;
- > in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
- > in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
- > Without limitation, you further undertake not to or permit anyone else to:
- > resell any Services
- > furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
- > attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
- > execute any form of network monitoring which will intercept data not intended for you;
- > enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- > extract data from or hack into the App;
- > use the Services or App in breach of these Terms and Conditions of Use;
- > engage in any unlawful activity in connection with the use of the App or the Services; or
- > engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the App or Services.
7. Use of Website and App
- > You hereby agree and acknowledge that Your use of the Company Website and App shall be subject to the terms of use of the Website and App, as amended from time to time, including but not limited to its privacy policy, policy for use of content of the Website and App and intellectual property of the material etc.
- > You further agree and acknowledge that, all content of the Website and App and all intellectual property therein including the logo or trade mark of the Company, all rights in the Services rendered by the Company shall be the property of the Company and You shall not use the same in any manner prejudicial to the interest of the Company.
- > You hereby consent, express and agree that You have read and fully understands the terms of use of the Website and App including its Privacy Policy. You further consent that the terms and contents of such terms are acceptable to You.
- > You also acknowledge that any violation of the terms of this Section including any violation of intellectual property rights of the Company shall expose You to legal proceedings in this regard.
- > The App and the Services are intended solely for use by Subscribers who access the App in India. We make no representation that the Services that are available or otherwise suitable for use outside of India. Notwithstanding the above, if you access the App, use the Services from locations outside India, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
- > The App and the Services are for Your non-commercial, personal use only and must not be used for any kind of business purposes and We reserve the right to prevent You from using the App and the Services or any part of them and to prevent You from unpermitted use.
- > The provision of the Services and the App does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the App or the Services. To use the App or Services, You will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with Your respective mobile network provider (“Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
- > If You are not the bill payer for the mobile telephone or handheld device being used to access the App, You will be assumed to have received permission from the bill payer for using the App.
- > Reproduction, sale, resale or trading of any Services on the App or website is prohibited.
- > You agree to receive pre-programmed notifications (“Alerts”) on the App if you have opted for the same on your mobile telephone or other handheld devices (as the case may be).
- > It is your responsibility to ensure that any of the Services or information available through the App meet your specific requirements.
8. Content and Intellectual Property
- > The Website, App and the processes, and their selection and arrangement, including but not limited to all text, design, layout, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website and App is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, trademark and various other intellectual property rights. Any software that is available on the Website or App is the property of the Company or third-party owner of such software (as shall be applicable). You shall not use, download or install any software available at the Website or App, unless otherwise expressly permitted by these Terms of Use or by the express written permission of the Company.
- > The trademarks, logos and service marks displayed on the Website (“Marks “) are the property of the Company. You shall not use the Marks, in any manner whatsoever, without the prior consent of the Company.
- > Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, You understand and agree that the Company owns all intellectual property rights to and into the trademark “SEAL”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- > Except as expressly provided herein, You acknowledge and agree that You shall not use, in any manner whatsoever, any Content through any medium without obtaining the necessary authorization from the Company or thirty party owner of such Content. You agree that by use of the Website or App or by availing the Services You shall not obtain any right or interest on the materials and Content.
- > Subject to the specific terms for the services, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view, download and print the contents or any other materials available on the Website or App, subject to the following conditions:
- 1.You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
- 2.You shall not modify or alter any Content or any other materials available on the Website or through the Services; and
- 3.You shall not distribute or sell, rent, lease, license or otherwise make the Content, or any other materials available on the Website or through the Services (as applicable) available to any third party.
The rights granted to You as above are limited to the Content or any other materials as specified therein.
- > Any use of the Contents or Services from the Website will be strictly for personal use of the Subscriber. The Subscriber hereby expressly agrees that any material or Content or Services purchased by/ availed by the Subscriber shall not be sold, resold, or in any way used for any commercial purposes or for profit. The Subscriber hereby acknowledges that the Services or materials available are strictly non-transferable to any third party for profit.
9. Third Party Content
The Website and App makes available general third party information such as, product and service catalogues, advertisements including videos, images and photographs of various products and/or services and other data from external third party sources (“Third-Party Content“). The provision of Third-Party Content is for general informational or advertisement purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. The Company does not provide any guarantee with respect to any Third-Party Content and the Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
10. Disclaimer of Warranties & Liability
- > You shall ensure that all information provided by You to the Company, including those contained under the is complete, accurate and up-to-date. Use of another user’s membership information for availing the Services is expressly prohibited.
- > If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the Services and Your membership hereunder and/or refuse any and all current or future use of the Services and the Website (or any portion thereof). You hereby agree that upon any such suspension or termination of the Services, the Company shall be entitled to withhold the Service Fees. The Company shall not be entitled to provide any refund in case of cancellation of any session or program.
- > You expressly understand and agree that, to the maximum extent permitted by applicable law:
- > the Website, App, Services, Content and other materials are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of accuracy or fitness for a particular purpose.
- > Without limiting the foregoing, the Company makes no warranty that (a) the Website/Services will meet Your requirements or Your use of the Website/ Services will be uninterrupted, timely or error-free; (ii) the results that may be obtained from the use of the Website/ Services will be accurate; (iii) the quality of the Website/Services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, Services or other materials will be corrected. No advice or information, whether oral or written, obtained by You from the Company or through the Website or from use of the Services shall create any warranty not expressly stated in the Terms of Use.
- > The Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
- > The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
- > Neither the Company nor any of its authorized representatives shall be liable for any misuse, loss or damages caused to You by Your unauthorized use of the Services, Website or the membership including those arising out of breach of the Terms of Use.
- > The Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or service.
- > The Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company’s control.
- > The advertisements (if any) made available on Website or sent through e-mail to You with respect to the third-party website or the products and services are for information purpose only. The Company shall not be liable for such third-party products or service or content.
- > You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
- > We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the App will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at [●].
- > We do not warrant that your use of the Services or the App will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the App will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the App, access to the Services and the App may be suspended, restricted or terminated at any time.
- > We do not give any warranty that the Services and the App are free from viruses or anything else which may have a harmful effect on any technology.
- > We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the App from time to time. Your access to the App and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the App at any time.
We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
11. Indemnification and Limitation of Liability
- > You agree to indemnify, defend and hold harmless the Company including but not limited to its directors, affiliates, agents, employees, permitted assigns and authorized representatives (“Indemnified Party”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such Indemnified Party that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Company and the Indemnified Party harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Service or our Website, Your violation of the Terms of Use, or Your violation of any rights of another user.
- > Notwithstanding anything to the contrary, the Company’s has no liability to You under this Terms of Use or otherwise and no refund of the money shall be provided to You for the Services.
- > In no event shall the Company, its officers, directors, employees, partners, suppliers, permitted assigns or authorized representatives be liable to You for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of Services or access to the Website.
- > The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws in India.
- > The App, the Services, the information on the App and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
- > To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the App and its contents, including in relation to any inaccuracies or omissions in the App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
- > We do not warrant that the App will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the App will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- > While we may use reasonable efforts to include accurate and up-to-date information on the App, we make no warranties or representations as to its accuracy, timeliness or completeness.
- > We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the App and the services offered in the App, your access to, use of or inability to use the App or the services offered in the App, reliance on or downloading from the App and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
- > We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
- > The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
- > Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.
12. Violation of the Terms of Use
- > You agree that the Company may, in its sole discretion and without prior notice, terminate Your access to the Services or the Website and block Your future access to the Services or the Website if the Company determines that You have violated these Terms of Use including the terms of the Website. You also agree that any violation by You of these Terms of Use will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
- > You agree that the Company may, in its sole discretion, and without prior notice, terminate Your access to the Services (including Website), for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You in writing to the Company; (3) discontinuance or material modification of the Website or any service offered on or through the Website; (4) unexpected technical issues or problems; (5) on complaint received by any User on any violation of the terms hereunder and if the Company is satisfied as to the breach or violation complained; (6) if You breach any of the provisions of the Terms of Use or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or (7) if in the event if You make any fake calls/intimations or prank calls/intimations to the Company. The decision of the Company shall be final in all such matters. The right available to the Company under this Section shall be without prejudice to any other right/remedy available to the Company either under this Terms of Use or at law.
- > Except as may be set forth in the terms of any Service including Additional Services, termination of access to Service and Your membership may include: (i) removal of access to Services and the Website with respect to the Services; and (ii) barring of further use of the Services.
- > If the Company does take any legal action against You as a result of Your violation of these Terms of Use, the Company shall be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company.
- > If you use (or anyone other than you, with your permission uses) the App, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or App.
- > If we suspend the Services on App, we may refuse to restore the Services or App for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
- > Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or App; (b) suspend your use of the Services and/or App; and/or (c) suspend the use of the Services and/or App for persons we believe to be connected (in whatever manner) to you, if:
- > you commit any breach of these Terms and Conditions of Use;
- > we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
- > we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- > Our rights under this Clause shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
13. Complaint Mechanism
- > In the event You find any deficiency in the Services rendered to You or You have any complaint with respect to the Services availed by You or in case of any other complaint, You may send an ‘intimation letter’ to the customer service team of the Company through any of the channels mentioned under ‘Contact Us’ in the Website. Please notify the Company of such an event within 48-hours of the occurrence of such event or Your knowledge, whichever is earlier.
- > Upon receiving Your intimation letter, the Company shall verify the authenticity and the nature of the complaint and if the Company is convinced that the complaint is genuine, it shall forthwith take necessary steps as are deemed appropriate by the Company. However, in the event of frivolous and baseless complaints, the Company reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by the Company in this regard.
14. Termination
- > The Terms of Use will continue to apply until terminated by either You or the Company as set forth under this Terms of Use. If You want to terminate Your agreement with the Company, You may do so by (i) sending a written intimation to the Company of Your intention to terminate the arrangement with the Company; and (ii) closing Your user accounts for all of the Services that You use (where the Company has made this option available to You).
- > Without prejudice to other provisions on the same, the Company may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Services) if:
- The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
- The provision of the Services to You by the Company is, in the Company’s opinion, no longer commercially viable;
- On account of any breach of the Terms of Use by You; or
- The Company has elected to discontinue, with or without reason, access to the Services (or any part thereof).
- > The Company may also terminate or suspend Your membership or all or a portion of Your access to the Services with or without reason.
- > You agree that all terminations shall be made at the sole discretion of the Company and that the Company shall not be liable to You or any third party for any termination of Your membership or Your access to the Website or App and Services.
15. Report Abuse
In the event You come across any abuse or violation of these Terms of Use including the privacy policy or if You become aware of any objectionable content on the Website or App, please report to the Company customer support.
16. Governing Law
- > These Terms of Use and all transactions entered into in relation to the Services (through the Website or App or otherwise) and the relationship between You and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- > You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Services and the Terms of Use or any transactions entered into in relation to the Services or the relationship between You and the Company shall be subject to the exclusive jurisdiction of the courts at the respective cities where the SEAL Program is conducted or Services are provided and You hereby accede to and accept the jurisdiction of such courts.
17. Privacy Policy
As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Services on the App:
(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
(b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
(c) We will only retain personal information as long as necessary for the fulfillment of those purposes.
(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
(f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
You acknowledge that, the standard Privacy Policy of the Company, as amended from time to time, shall form an integral part hereof.
18. Communications
- > Upon your express consent to this Terms of Use, You expressly agree to receive communications by way of telephones, SMS, e-mails or other modes from the Company relating to the Services provided by the Company.
19. General Provisions
- > Notice: All notices of the Company will be served by e-mail to Your registered e-mail or on Your residential address provided to Us. Any notice provided to the Company pursuant to the Terms of Use should be sent to the Company’s customer support addressed to [●].
- > Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
- > Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
- > Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

