Given the nature of the Internet, even though the Portal is targeted to India only, it may be accessed in other parts of the world. If you are not an Indian and yet use the Portal, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not TC’s responsibility) to make sure that your use of the Portal complies with all applicable local laws. IF YOU ARE NOT AN INDIAN RESIDENT , BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON TC’S INDIAN SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY INDIAN LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Your use of certain Portal Services, features, functionality or programs (including, without limitation, contests, RSS feeds, etc. offered on or through the Portal may be subject to additional terms and conditions (“TC Rules”), and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional TC Rules. All TC Rules are incorporated into these TOU as if fully set forth herein.
OWNERSHIP; RESTRICTIONS ON USE
The content of the Portal and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by TC and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Portal content and/or any portion thereof, except: (i) with respect to your own User Submissions excluding any of the materials (e.g., key art, title treatment, clips, stills etc.) used in your User Submissions that may be licensed to you by TC for use in your User Submissions (e.g., in connection with a contest or other program offered on the Portal) (such content referred to as the “TC Licensed Assets”); and/or (ii) to the extent of your limited rights to use the Portal for certain personal (non-commercial) purposes, as set forth below in the section titled LICENSES GRANTED TO YOU, subject to the conditions set forth in the YOUR RESPONSIBILITIES section below and the other terms and conditions of these TOU. Except in connection with your own User Submissions (and then only to the extent you control them), unless expressly authorized by TC pursuant to these TOU, or unless you have otherwise obtained TC’s written permission (such as for example, but not limited, as part of TC instructions provided on the Portal, including, without limitation, as part of any TC Rules), you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Portal, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Portal or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of TC and/or its licensors (including, without limitation, other Portal users who have submitted their own User Submissions) and a violation of these TOU and may subject you to civil and/or criminal liability under applicable laws.
LICENSES GRANTED TO YOU
Subject to these TOU (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), TC hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Portal , the following limited, revocable, non-exclusive, non-transferable, non-assignable, licenses (each a “License”): (1) the License to access, view and otherwise use the Portal (including, without limitation any information or services provided on or through the Portal) for your personal (non-commercial), lawful use only, as intended through the normal functionality of the Portal; (2) the License to obtain a registered personal account (and related username and password) on the Portal and interact with other Portal users as part of Portal-based chat rooms, message boards, social media networks, and/or other similar activities; (3) the License to use any other functionality expressly provided by TC on or through the Portal for use by users, subject to these TOU (including, without limitation, functionality to create and/or Submit User Submissions).
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or Government of India’s guidelines (“Applicable Laws”), or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Portal content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by TC) purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Portal to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Portal, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Portal (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Portal content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Portal content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Portal content; (10) you will not use any of the rights granted to you or any of the Portal content in a manner that suggests an association with any of TC’s products, services or brands, unless otherwise specifically permitted by TC ;(11) you will not use bots, spiders, offline readers or other automated systems to access or use the Portal in a manner that sends more request messages to the Portal’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to TC’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Portal for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) you will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of TC or any of its affiliates, or the Portal , or any of the content running or being promoted on the Portal (including, without limitation, any movie, television program or other initiative); (14) you will not do anything on the Portal that would prevent other users’ access to or use of the Portal or any part thereof; and (15) you will use the Portal and the Licenses at all times in compliance with these TOU and all Applicable Laws.
USER SUBMISSIONS; GRANT OF LICENSE TO TC; YOUR WARRANTIES AND REPRESENTATIONS
The Portal may enable you to send, post, upload, transmit through webcam or similar functionality or otherwise submit to the Portal (including, without limitation, by allowing you to provide the URL of where a particular piece of your content resides), or otherwise display or exchange (including, without limitation, with other Portal users) on or via the Portal (collectively, “Submit”), your textual comments, photographs, images, or other personal media content and your ideas, opinions, feedback, and other information, (collectively, your “User Submissions”), and such User Submissions will generally be available to all users of the Portal . By Submitting your User Submissions on or via the Portal you expressly acknowledge and agree that you and only you will be responsible for the content of your User Submissions and for any consequences that may arise therefrom. Except as may otherwise be provided in any Special Rules, it is not TC’s regular, established practice to monitor, control, or have knowledge of the User Submissions Submitted using the Portal , but TC may do so in its sole discretion. Nothing contained herein shall be deemed to transfer to TC or to any of its affiliates any ownership rights in and to your user submissions, provided, however, that TC and/or its affiliates and/or its licensors will retain sole and exclusive ownership of any of the TC licensed assets (if any) included in your user submissions. Even though by submitting your User Submissions you are granting to TC the broad rights and licenses set forth above, you acknowledge and understand that nothing contained herein shall obligate TC and/or any of its affiliates to host, distribute, display or otherwise exploit any of your User Submissions or exercise any other rights under the TC license. You acknowledge and agree that: (i) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (ii) TC and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the vital nature of social media, you should not submit any content or information to TC that you do not want to be viewed by others. In connection with all of the User Submissions you Submit to the Portal, and any other activities that you conduct on the Portal, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to TC, the TC License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and TC will not be responsible for such obligations; (iii) your User Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Portal, are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violative of any Applicable laws or these TOU; and (iv) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to TC upon TC’s request.
TC is not responsible for any loss, theft or damage of any kind to any User Submissions.
You acknowledge that TC does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Portal but that TC (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these TOU or Applicable laws, or if otherwise desired or necessary, as determined by TC in its sole discretion. TC shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users’ User Submissions) that violate these TOU or are otherwise objectionable, as determined by TC in its sole discretion, as well as terminate your and/or any Site user’s continued access to and/or other use of the Portal (including, without limitation, access to and/or use of any of the Information or Services, features or functionality available on or through the Portal). TC does not control or endorse any User Submissions, and any User Submissions submitted to the Portal do not reflect the opinions, views or policies of TC or any of its affiliates. TC disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against TC or any of its affiliates with respect to such User Submissions.
If you remove or delete any of your User Submissions from the Portal, that User Submission will be removed from the Portal within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and TC may maintain copies for archival purposes.
TC reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Portal (in whole or in part). You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements.
These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Portal.
THIRD PARTY LINKS
TC Portal may link to and/or contain advertisements about, non-TC owned or controlled Web Portals or other Internet resources. You acknowledge and understand that TC does not endorse or sponsor such other third party Web Portals or other Internet resources and TC expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services or advertised real estate, project, products or services found on or related to any such third party web portal or other internet resources.
If you are sponsored by an employer you should check with your company to determine the company’s policy regarding the payment of fees. Failure to pay the correct fees when due may result in processing delays. TC accepts cheques, money orders, electronic payments, VISA, MasterCard, and American Express. Payment modes are revised from time to time.
This Refund Policy is applicable to the products from TC (online courseware, certifications, etc.) which can be purchased via the internet.
All course access is valid for a maximum of 365 days from date of purchase. Refer to the details in each course for course access duration. You should access the course within 365 days or the maximum course duration or else the course subscription will lapse. TC is confident that you will be satisfied with your purchase, but in the event you are not, our refund policy is as follows:
* If the course has not been accessed, we will issue a full refund, less 10% service and handling fee of Rs. 500/- or equivalent. Equivalent amount will be calculated based on the rate applied by the remitting bank on the day of the remittance.
* If course has been used, we will require a written explanation of why a refund is being requested, sent to firstname.lastname@example.org
* If more than 10% of the course’s e-learning modules in the course pedagogy section have been accessed, refund request will not be entertained.
All refunds will be issued back to the credit card used, if the purchase is done via credit card. If the payment is done via the Net Banking portal of a bank, the subscriber should provide complete details of payments made, account number and location. TC will make a payment endorsed to the bank details provided.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the portal is at your sole risk. the portal (and any portion of the portal) is provided “as is” “with all faults” and “as available.” to the fullest extent permitted by law, TC and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither TC nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Portal or the content of any Web Portals, Personal Social Media or other Internet resources linked to the Portal and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Portal (or any parts thereof); (iii) any unauthorized access to or use of TC’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Portal; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Portal (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Portal content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Portal and/or otherwise through your or any other Portal users’ exercise of any rights under any of the Licenses granted by TC herein. TC reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Portal (including, without limitation any of the Portal Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL TC OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE PORTAL OR ANY PARTS THEREOF.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent TC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TC’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless TC and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions, (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these TOU, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOU, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these TOU by you and/or anyone using your registered account to access and/or otherwise use the Portal (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Portal through your registered account, in connection with your (and/or such other person’s) use of the Portal (in whole or in part). TC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TC in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Portal.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
TC respects the intellectual property rights of others. Upon proper notice, TC will remove User Submissions (and any other Portal content) that violate copyright law. Pursuant to Section 79 of the Information Technology Act, 2000 TC has implemented procedures for receiving written notification of claimed copyright infringement on the Portal and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send TC’s copyright agent, at the address set forth below, a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit TC to locate the material on the Portal; (iii) information reasonably sufficient to permit TC to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
TC Designated Copyright Agent
[Address] 215/217, Navalkar Bldg, J S S Road, Girgaum, Mumbai – 400004
By submitting an Infringement Notification, you acknowledge and agree that TC may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
If you believe that your User Submission has been wrongfully removed from the Portal, you may send TC a counter notification. You acknowledge that you may be held liable for damages if you make material misrepresentations in a counter notification. Your counter notification, to be effective, must be in writing, sent to TC’s Designated Copyright Agent, and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Portal; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the sole and exclusive remedy of arbitration and jurisdiction of the Competent Courts at Mumbai. By submitting a counter notification, you acknowledge and agree that TC may forward your counter notification and any related communications to the person who submitted the original Infringement Notification that resulted in the removal of your User Submission or to other third parties.
These TOU shall be construed and enforced in accordance with the Indian laws without regard to any choice of law or conflict of laws principles, regardless of where you live. all actions or proceedings arising in connection with, touching upon or relating to these TOU , or the Portal the breach of these TOU and/or the scope of the provisions of this arbitration clause, shall be submitted for final and binding arbitration under Arbitration and Conciliation Act, 1996 ( as amended) to the sole arbitrator , Mr. Chandrashekhar Navalkar ( “the Arbitrator). This provision shall remain in full force and effect notwithstanding any termination of your use of the Portal.
You specifically agree that the fact that the Arbitrator is an TC employee shall not be a ground for you to raise a presumption of bias or partiality or lack of independence on the Arbitrator’s part. You specifically waive any right that you may have to raise any objection or contention regarding the nomination of the Arbitrator.
If any provision of the TOU shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of TC to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.
You understand and agree that TC may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Portal, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Portal (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Portal, for any reason. TC may also, in its sole discretion and at any time, discontinue the Portal or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. You may discontinue your access to, use or participation on the Portal at any time.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any TC-or any TC affiliate-related project, or the use, publication or dissemination of any advertising in connection with such project.
CHANGES IN PORTAL OWNERSHIP
Effective Date: August 15, 2022
You acknowledge, understand and agree that you are doing so on your own by clicking on the check box next to ‘I agree to the Terms & Conditions’