This is an agreement (the “Agreement”) between you and BitsinTune Solutions (“BTS”, “Us”, “We” or “Our”). “You” refers to a “User” or “Potential Customer”, or “Client”, or “Customer”, or “Participant” or “Delegate”. You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
These terms and conditions (“Terms and Conditions”) govern the way in which BTS provides its Offerings (including services, programs and products) to you, including training, career development services, and consulting. These Terms and Conditions control your use of this website bitsintune.com (“Website”, “Site”). Please read these terms and conditions carefully before you use BTS website or express your interest in BTS’ Offerings or give BTS your order to provide BTS’ offerings to you. These terms inform you what BTS is, how BTS will provide its Offerings to you, how you and BTS may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these Terms and Conditions are hereby reserved.
1. Definitions
In this Agreement the following terms shall bear the following meanings.
- Client: The person (individual) or organization who places order with BTS for the Offerings from BTS or procures Offerings from BTS or a prospective customer who is interested in Offerings of BTS.
- Confidential Information (CI): Includes all non-public information (regardless of its source) that might be of use to BTS’s competitors or harmful to BTS if disclosed, or harmful to BTS’ customers if disclosed. CI includes, technically and / or commercially confidential or proprietary information, of and about, BTS, BTS’s clients, BTS organization, or other parties. CI also includes design, trade secrets, proposals, quotes, documentation, Content, Information, financial data, passwords, user ids, licenses, project records, product specifications, business or financial affairs, products, samples, models, computer programs, drawings, utility models, business plans, strategies, methods and/or practices, operational data, sensitive data such as, strategy implementation related data, test data, conducted inhouse or by/through collaborative/venture efforts, confidential documents and confidential assets, of BTS or BTS’ customers or third parties.
- Expenses: The costs incurred for travel, accommodation, meals or any costs incurred by BTS whilst carrying out the work.
- Intellectual Property (IP) and Intellectual Property Rights (IPR): This section includes IP, that is, the assets which are (abstract) products of the intellect in BTS. IP also includes the things owned by BTS for which no explicit legal right is provided. This section also includes IPR, that is, the legal rights, that BTS has, covering BTS’ IP. Includes assets in the nature of unregistered or registered rights to any and all, copyrights, patents, trademarks, service marks, design rights, trade secrets, logos, brands, applications for any of the above rights, all proprietary material (including training material, courseware), video recordings, audio recordings, trade or business names, any other similar rights or obligations, other confidential and/or proprietary information limited to that forming part of the subject-matter of the agreement, that is the subject of ownership by BTS and/or its subsidiaries, venture partners and predecessors in interest, or BTS’ customers, business and/or title, arising out of the performance of this agreement and/or other business arrangements, whether it can be registered or not in any country including but not limited to India.
- Materials: The various materials, that BTS shall make available to You on a need-basis, as part of providing or delivering our offerings or You expressing interest in our offerings, including but not limited to, CI, IP, IPR, List of Training Courses/Programs, Table of Contents for Training Courses/Programs, Training Course/Program arrangements, Information related to the job/project, Content, downloaded materials, procured materials, Proprietary frameworks, Proprietary methodologies, Proprietary tools and technologies, Proprietary software, Proprietary code, and data, which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format, in accordance with the Agreement, and all other applicable agreements. Such Materials shall not include any information which:
- is, at the time of disclosure, publicly known; or
- becomes at a later date, publicly available otherwise than a wrongful act or negligence or breach of this Agreement of or by You; or
- You can demonstrate by your written records was in your possession, or known to You, before receipt under this Agreement, and which was not previously acquired under an obligation of confidentiality; or
- is legitimately obtained at any time by You from a third party without restrictions in respect of disclosure or use; or
- You can demonstrate to the satisfaction of BTS, has been developed independently of its obligations under this Agreement and without access to the Confidential Information
- Offerings: Any service, program, solution, product, product mix, or facilities, that BTS provides to Customers and Potential Customers.
2. Acceptance of this Agreement
By accessing, or using this website, in any possible ways, you acknowledge that you have read, understand, and agree to be bound by the terms in this agreement and to comply with all applicable laws and regulations. If you do not agree, do not use this website.
By expressing interest in our Offerings, or by placing order for our Offerings, irrespective of the channel used for these two actions and/or for the delivery of the offerings, that is, online, face-to-face, direct, our partners, phone call, physical, or mobile app, You agree to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (in this Agreement). If you do not agree or if you are not willing to accept the Agreement, you shall not be authorized or allowed to proceed further to view or use in any manner any Offerings of BTS or Materials, and you do not use these assets of BTS. If you do not agree with the Terms and Conditions and you are already consuming/using our offerings, you must cease consuming/using our offerings immediately and notify BTS of your intent not to continue.
Your failure to comply with these Terms and Conditions will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of Materials in your possession, custody or control.
3. Rights and Usage
We value and respect others IP and IPR and expect our users to do the same.
BTS grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this site as a customer or potential customer of BTS provided you comply with these Terms and Conditions, and all copyright, trademark, and other proprietary notices remain intact. While You are granted a limited and non-exclusive right to use the Website, the Offerings, and the Materials for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Offerings, and the Materials and as such are vested with all IPR and other proprietary rights in the Website, the Offerings, and the Materials. You acknowledge and agree that this Agreement other than permitting You to use the Website, the Offerings, and the Materials for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Offerings, and the Materials.
The use authorized under this agreement is non-commercial. You may not sell the content you access on or through this website. All other use of this site is prohibited.
BTS does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or IPR. You may not mirror any of the content from this site on another website or in other media. Any content made available for downloading, access, or other use from this site with its own license or copyright terms will be governed by such terms.
The entire contents of the Website are protected by copyright and trademark laws and IPR. The owner of the copyrights and trademarks and IPR are BTS, its affiliates, or other third party licensors. The material on the site, including text, graphics, code and/or software is copyrighted and belongs to BTS, therefore you may not duplicate, modify, publish, or reproduce the content in any manner. You are not allowed to use any of the digital images or logos from the website. In case of copyright issues, there has to be a written consent from the trademark owner/IPR owner.
The materials for training, education, workshop or consultancy purposes is the IPR of BTS and may not be used in any circumstances without seeking permission in writing from BTS. All trademark, service marks and trade names in the Materials are the marks of respective IPR owners and any unauthorized use is prohibited.
Any Recordings shared with You (at any point of time) by BTS, are restricted to You – You must not download this and save it or store it in any computer or storage medium in any manner using any software or scripts or without using any software. You are only allowed to view it from the link given to you using your web browser.
In the case of training offerings, the use of the Materials is restricted to the Registered User who has been supplied Materials by BTS (at any point of time) as part of a training course/training program – the use is limited to the duration of the training and the materials remain the IPR of BTS or the respective IPR owner. The User is not permitted to copy, reproduce, use, re-use, modify, transmit, distribute, circulate, share, transfer, sub-license, broadcast, disseminate, publish, disclose, commercialize, trade with, reveal, report, or prepare derivative works of the Materials/part of the Materials, in any manner or through any communication channels or means, or in any way exploit, the Materials other than for their own training, at any point of time, without Our prior written consent.
In the case of all other offerings, the use of the Materials is restricted to the User who has been supplied Materials by BTS (at any point of time) as part of the User expressing interest in our offering or BTS delivering that offering to the User – the use is restricted to the context and scope of that Offering and the materials remain the IPR of BTS or the respective IPR owner. The User is not permitted to copy, reproduce, use, re-use, modify, transmit, distribute, circulate, share, transfer, sub-license, broadcast, disseminate, publish, disclose, commercialize, trade with, reveal, report, or prepare derivative works of the Materials/part of the Materials, in any manner or through any communication channels or means, or in any way exploit, the Materials other than for their own use within the context and scope of the Offering, at any point of time, without Our prior written consent.
BTS does not take any responsibility for the content on other sites (except our partners and affiliates), that you may find when searching or accessing BTS products or services. The Privacy Policy and Terms of Use of the sites that you visit will administer that material.
Use of any Materials for any purpose other than what is stated above, is expressly prohibited by law and any violators will be prosecuted. BTS has all the rights to disable or prohibit access (to our Site, Materials, and Offerings) to the users who do not respect and involve in the infringement of BTS IP and IPR.
All rights not expressly granted herein are reserved.
If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us with the information given below and we will act on it.
- The authorized person who will act on behalf of the owner of the copyright, should send a digital or physical signature.
- A description of the copyrighted work that you claim to be infringing your IP.
- A description of where and how the material that you claim is infringing is located on the BTS website or on a BTS host server, with enough detail that we may find it on the website or hosting server.
- Contact Details – Address, telephone number, and email address.
- A statement by you, that the information which you provided is accurate and your claim of the copyright or intellectual property is on your owner’s behalf
- You can reach BTS to notify your claims of copyright by contacting us here
4. Confidential information
BTS does not want to receive confidential or proprietary information from you through our website.
Any information or material you send to BTS will be deemed NOT to be confidential. By sending BTS any information or material, you grant BTS an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that BTS is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Personally identifiable information that you submit to BTS will be handled in accordance with our Privacy Policy. Your personal information will be used for two primary purposes. First, it will be used to ensure the proper functioning of BTS products and services to provide the highest level of service for our customers. Secondly, your personal information may be used by BTS for marketing, planning, product development, research, account administration and fraud and crime prevention and investigation. We reserve the right to feature Your picture in any photos, videos, or other promotional material used by Us. Further, We may use Your personal information to inform You about other offerings from Us. However, We shall not distribute or share Your personal information with any third party marketing database or disclose Your personal information to any third party except on a case-to-case basis after proper verification of such third party or if required under any applicable law.
The User understands, acknowledges, and agrees to take responsibility for maintaining (and preserving) the confidentiality of all Materials during, BTS’ engagement period or contract period with the User, and also after the termination of BTS’ engagement period or contract period with the User. Unless BTS has provided its specific consent, which should be in writing, or there is a legal or professional right or duty to disclose, User is prohibited from disclosing the Materials. The User shall use the Materials responsibly to prevent its prohibited, arbitrary or careless disclosure. User is responsible for the safeguarding, securing and proper disposal of the Materials. The User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the Materials. User shall take all steps necessary to protect and safeguard Materials against unauthorized use, publication or disclosure, using at least the same degree of care as the User uses or would use in safeguarding the User’s own confidential information.
If User faces legal action to disclose Materials received under this Agreement, then the User shall promptly notify BTS in order that BTS may have the opportunity to intercede and contest such disclosure and, upon request, shall cooperate with BTS in contesting such a disclosure. Neither Party shall be liable in damages for any disclosures pursuant to such legal action.
5. Third parties
This website may provide links or references to non-BTS websites and resources. BTS makes no representations, warranties, or other commitments or endorsements whatsoever about any non-BTS websites or third-party resources that may be referenced, accessible from, or linked to any BTS site.
BTS is not a party to or responsible for any transactions you may enter into with third parties even if you learn of such parties or use a link to such parties from BTS site. Any non-BTS website, even if it contains a BTS logo, is independent from BTS and BTS does not control or take responsibility for the content on that website.
6. Disclaimer
BTS may without notice at any time revise these Terms and Conditions and Terms of Use and any other information contained in this website. BTS may make improvements or changes in the Offerings described in this site at any time without notice.
From time to time this website may contain inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information.
We reserve the right to amend, revise or update the Offerings and Materials offered to You. In the event such an amendment, revision or updation occurs, We may require you pay an additional fee to access such amended, revised, or updated Offerings and Materials.
Not all products, programs, services or other offerings described on this website are available in all geographies. Please contact BTS for information about which BTS offerings are available in your area.
7. Pricing Disclaimer
All prices, offerings, and offers of BTS and BTS website are subject to change without notice.
While we make sure to provide most accurate and up-to-date information, in some cases one or more items on our website may be priced incorrectly. This might happen due to human errors, digital images, technical errors, or a mismatch in pricing information received from our suppliers.
BTS reserves the right to change prices for all our offerings, offers, or deals. These changes are done due to market conditions, service termination, course termination, providers, price changes, errors in advertisements, and other mitigating circumstances. However, the price you paid at the time of purchase still holds for you.
8. Proprietary Use of BTS Materials
BTS may charge a “re-use” fee for any BTS Materials used in the build and delivery of a client solution. This is also applicable when customized offerings are created and provided to the client by the client adapting, customizing and tailoring BTS Materials, regardless of whether BTS is involved in the customization effort or not. Any such fee will be detailed in BTS’ proposal. BTS reserves the right to change prices for all our services, products, offers, or deals. These changes are done due to market conditions, service termination, course termination, providers, price changes, errors in advertisements and other extenuating circumstances. However, the price you paid at the time of purchase still holds for you.
9. Cancellation Policy, Rescheduling Policy, and Refund Policy
Our service is made to make you happy, and we back it up with our refund policy.
BitsinTune Solutions (BTS) will put in its best efforts and will do everything it can to run the event (training course or program or career development service event or consulting service event) as scheduled. If there is a Force majeure situation or event during or around the scheduled course dates, such as a law and order situation, acts of God, fire, floods, acts of Government, acts of war, terrorism, earthquakes, political instability, a bandh/strike in the city, Government order, lockouts, work stoppages, labor disputes or other matters outside its reasonable control, then BTS reserves the right to re-schedule or cancel the event or change the location of the event. BTS, also reserves the right to re-schedule/cancel an event, or change the location of an event, because of insufficient enrollments, instructor/mentor/advisor/consultant illness. BTS and any consultant(s) shall be relieved from their obligation to provide the service(s) for the period that the Force Majeure exists. As soon as reasonable practicable after the Force Majeure event ceases or is otherwise resolved the service(s) will be completed. However, due to unavoidable reasons or any reasons, if BTS decides to cancel the event or re-schedule the event, you will be given the following options from which you can chose:
- For Training Services
- Instructor Led Live Virtual Online Classroom Public/Open Training Courses
- Free attendance in the same event on a future date of a scheduled training course OR
- You, if you so wish, can send a replacement. However, this should be intimated to BTS at least 3 days prior to the event OR
- Full refund of the course fee paid. However, BTS will not be liable for any travel, hotel penalties, inconvenience, material loss, logistics or any personal expense incurred by You/learners/participants, as a result of this re-scheduling or cancellation
- Self-Paced E-learning Online Courses: N/A
- Face-to-Face Classroom Public/Open Training Courses
- Free attendance in the same event on a future date of a scheduled training course at any location in the same country OR
- You, if you so wish, can send a replacement. However, this should be intimated to BTS at least 3 days prior to the event OR
- Full refund of the course fee paid. However, BTS will not be liable for any travel, hotel penalties, inconvenience, material loss, logistics or any personal expense incurred by You/learners/participants, as a result of this re-scheduling or cancellation
- Instructor Led Live Virtual Online Classroom Private/Corporate Training Courses
- If you have not already paid and have sent us only a Purchase Order (PO), with no change to the PO amount, work out a new mutually convenient schedule for the same training course event for a future date. And, you, if you so wish, can send replacement delegates to the new schedule. However, this should be intimated to BTS at least 3 days prior to the event OR
- If you have already paid, at no additional cost to you, work out a new mutually convenient schedule for the same training course event for a future date. And, you, if you so wish, can send replacement delegates to the new schedule. However, this should be intimated to BTS at least 3 days prior to the event OR
- Full refund of the course fee, if you have already paid. However, BTS will not be liable for any travel, hotel penalties, inconvenience, material loss, logistics or any personal expense incurred by You/learners/participants, as a result of this re-scheduling or cancellation
- Face-to-Face Classroom Private/Corporate Training Courses
- If you have not already paid and have sent us only a Purchase Order (PO), with no change to the PO amount, work out a new mutually convenient schedule for the same training course event for a future date at the same location in the same country. And, you, if you so wish, can send replacement delegates to the new schedule. However, this should be intimated to BTS at least 3 days prior to the event OR
- If you have already paid, at no additional cost to you, work out a new mutually convenient schedule for the same training course event for a future date at the same location in the same country. And, you, if you so wish, can send replacement delegates to the new schedule. However, this should be intimated to BTS at least 3 days prior to the event OR
- Full refund of the course fee, if you have already paid. However, BTS will not be liable for any travel, hotel penalties, inconvenience, material loss, logistics or any personal expense incurred by You/learners/participants, as a result of this re-scheduling or cancellation
- Instructor Led Live Virtual Online Classroom Public/Open Training Courses
- For Consulting Services and Career Development Services
- If you have not already paid and have sent us only a Purchase Order (PO), with no change to the PO amount, work out a new mutually convenient schedule for the same event for a future date at the same location in the same country OR
- If you have already paid, at no additional cost to you, work out a new mutually convenient schedule for the same event for a future date at the same location in the same country OR
- Full refund of the fee, if you have already paid. However, BTS will not be liable for any travel, hotel penalties, inconvenience, material loss, logistics or any personal expense incurred by You, as a result of this re-scheduling or cancellation
Due to any reason (including unavoidable reasons/emergencies from your side (that is, the delegate’s side or client’s side or customer’s side)), if you/delegate cannot attend the event (training course or program or career development service event or consulting service event) or want to attend a future event (re-schedule his/her registration to a future date) instead of this or do not attend the event or cancel the event, the following policy will apply:
- All the requests from You for cancellation, or re-scheduling, or refund, must be written requests sent to BTS through email at the contact email id of BTS mentioned in the Website
- For only training course events, instead of re-scheduling or canceling, you can send a replacement delegate instead, in your place, at no extra charge. However, this should be intimated to BTS at least 3 days prior to the event . This entire clause does not apply for other events
- While processing refund requests, cancellation of credit card payments will incur an additional admin charge of 6% over and above any other cancellation charges or re-scheduling charges
- For Training Services
- Self-Paced E-learning Online Courses
- You need to send a written request to BTS for refund (email).
- If you have accessed more than 25 % of the content of the course, then no refund will be given
- If refund request is received beyond 7 days of purchase of the course, then the refund request will not be accepted and no refund will be given
- If refund request is received within 7 days of purchase of the course and the condition number 2 above is not satisfied, then full refund of the course fee paid will be given
- All Public/Open Training Courses
- If the rescheduling or cancellation request is received 14 days prior (or more) to the scheduled course (event) start date, 10% of the course fee paid will be charged as cancellation fee or re-scheduling fee
- If the rescheduling or cancellation request is received less than 14 days before the scheduled course (event) start date, 60% of the course fee paid will be charged as cancellation fee or re-scheduling fee
- If the rescheduling or cancellation request is received after the scheduled course (event) start date, then the refund request will not be accepted and no refund will be given, irrespective of whether You attended the event or not
- If it is cancellation request, the balance amount of course fee paid will refunded to You after deducting the cancellation fee above and accounting for the additional admin charge (as given above) in case of credit card payments
- If it is re-scheduling request, after You pay the re-scheduling fee (as given above), you can register for the same course scheduled for a future date at any location in the same country
- Please note that rescheduling will be subject to availability of seats
- Notwithstanding the foregoing, in case of re-scheduling, the course must be attended within 6 months of the participant’s original sign-up date, and no refunds or credits will be available for participants who fail to attend a course within this six-month period
- All Private/Corporate Training Courses
- If the rescheduling or cancellation request is received 14 days prior (or more) to the scheduled course (event) start date, 20% of the course fee paid or the course fee in the PO will be charged as cancellation fee or re-scheduling fee
- If the rescheduling or cancellation request is received less than 14 days before the scheduled course (event) start date, 70% of the course fee paid or the course fee in the PO will be charged as cancellation fee or re-scheduling fee
- Any travel and accommodation reservation charges and expenses incurred by BTS prior to cancellation or re-scheduling by the client will be charged to You (Client)
- If the cancellation or re-scheduling request has come in the last minute (less than 3 days within the event start date), trainer’s travel and accommodation cost and also the costs within 7 days from cancellation or re-schedule, will be charged to You (Client)
- If the rescheduling or cancellation request is received after the scheduled course (event) start date, then the refund request will not be accepted and no refund will be given, irrespective of whether You attended the event or not
- If it is cancellation request, the balance amount of course fee paid will be refunded to You (Client) after deducting the cancellation fee above and accounting for the additional admin charge (as given above) in case of credit card payments and after deducting the above charges given in conditions c and d above
- If it is re-scheduling request, after the client pays the re-scheduling fee (as given above), plus the above charges given in conditions c and d above, the same course can be scheduled for a future date at any location in the same country
- Self-Paced E-learning Online Courses
- For Consulting Services
- If the rescheduling or cancellation request is received 14 days prior (or more) to the scheduled event start date (which means, the first date of the consulting engagement), 30% of the total fee paid or the total fee in the PO, will be charged as cancellation fee or re-scheduling fee
- If the rescheduling or cancellation request is received less than 14 days before the scheduled event start date (which means, the first date of the consulting engagement), 75% of the total fee paid or the total fee in the PO, will be charged as cancellation fee or re-scheduling fee
- Any travel and accommodation reservation charges and expenses incurred by BTS prior to cancellation or re-scheduling by the client will be charged to the client
- If the cancellation or re-scheduling request has come in the last minute (less than 3 days within the event start date (which means, the first date of the consulting engagement)), trainer’s travel and accommodation cost and also the costs within 7 days from cancellation or re-schedule, will be charged to the client
- If the rescheduling or cancellation request is received after the event start date (which means, the first date of the consulting engagement), then the refund request will not be accepted and no refund will be given, irrespective of whether You attended the event or not
- If it is cancellation request, the balance amount of total fee paid will be refunded after deducting a total charge “N”, which is equal to the cancellation fee above plus the additional admin charge (as given above) in case of credit card payments plus the above charges given in conditions 3 and 4 above
- If you have not already paid for this event and have sent us only a Purchase Order (PO), then the total charge N given above will be charged to You in a separate invoice
- If it is re-scheduling request, after You pay a total charge “N”, which is equal to the re-scheduling fee (as given above) plus the above charges given in conditions 3 and 4 above, the same event can be scheduled for a future date at any location in the same country
- Career Development Services
- If the re-scheduling or cancellation request is received 14 days prior (or more) to the scheduled event start date (which means, the first date of the career development service engagement), 10% of the total fee paid will be charged as cancellation fee or re-scheduling fee
- If the re-scheduling or cancellation request is received less than 14 days before the scheduled event start date (which means, the first date of the career development service engagement), 20% of the total fee paid will be charged as cancellation fee or re-scheduling fee
- If the re-scheduling request is received after the scheduled event has started (which means, after the first date of the career development service engagement), for re-scheduling some of the dates of the engagement, 10% of the total fee paid will be charged as re-scheduling fee
- If the cancellation request is received after the scheduled event has started (which means, after the first date of the career development service engagement), but before the end of the end of career development service engagement, 60% of the total fee paid will be charged as cancellation fee
- If the rescheduling or cancellation request is received after the scheduled event has completed which means, after the end of the end of career development service engagement, then the refund request will not be accepted and no refund will be given, irrespective of whether You attended the event or not
- If it is cancellation request, the balance amount of total fee paid will refunded to You after deducting the cancellation fee above and accounting for the additional admin charge (as given above) in case of credit card payments
- If it is re-scheduling request, after You pay the re-scheduling fee (as given above), you can re-schedule the event to a future date that is mutually suitable, at the same location in the same country
- Notwithstanding the foregoing, in case of re-scheduling, the event must be attended within 6 months of the participant’s original sign-up date, and no refunds or credits will be available for You if you fail to attend the event within this six-month period
- All refunds will be processed within 10 working days after the refund request is approved by BTS
- No refunds or credits will be available for You if you fail to attend any day of the event
10. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE OFFERINGS, AND THE MATERIALS IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. BTS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, BTS MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE, THE OFFERINGS, AND THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR IS THERE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE OFFERINGS, AND THE MATERIALS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE, THE OFFERINGS, AND THE MATERIALS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, THE OFFERINGS, AND THE MATERIALS, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
THE MATERIALS MADE AVAILABLE TO YOU ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BTS DOES NOT WARRANT THAT THE MATERIALS WILL BE ERROR FREE INCLUDING TECHNICAL INACCURACIES, NOR FREE OF VIRUSES, OR OTHER HARMFUL MATTER. THE ENTIRE COST OF ANY NECESSARY SERVICE, REPAIR, OR CORRECTION, IS THE USER’S RESPONSIBILITY. BTS MAY MAKE IMPROVEMENTS, OR CHANGES, TO THE MATERIALS AT ANY TIME WITHOUT PRIOR NOTIFICATION.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BTS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE, THE OFFERINGS, AND THE MATERIALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE OFFERINGS, AND THE MATERIALS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, OR SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHER CHANNELS OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR CONFIDENTIAL INFORMATION; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OFFERINGS; (V) OR (V) ANY OTHER MATTER RELATING TO THE OFFERINGS.
THE DISCLAIMER OF LIABILITY CONTAINED IN THIS CLAUSE APPLIES TO ANY AND ALL DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR ANY OTHER MATERIAL, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, WRONGFUL, OR ILLEGAL CONDUCT OF THIRD PARTIES, OR OTHER USERS OF THE WEBSITE, THE OFFERINGS, AND THE MATERIALS AND THAT THE RISK OF DAMAGE OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.
YOU AGREE THAT OUR LIABILITY OR THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE OFFERINGS, AND THE MATERIALS SHALL NOT EXCEED THE FEE YOU PAID TO US FOR THE PARTICULAR THE OFFERINGS, AND THE MATERIALS.
12. Indemnity
You agree to indemnify and hold Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenses including attorneys’ fees, arising out of Your unauthorized use of the Website, the Offerings, and the Materials or any violation or breach of this Agreement or any provisions hereof. You agree to indemnify and hold the Company and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Term and Termination
This Agreement will remain in effect till You do not agree with the Terms and Conditions and notify BTS of your intent not to continue, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Website, the Offerings, and the Materials with immediate effect by sending a written notice through email to You to this effect (“Immediate Termination Date”), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
The provisions related to maintaining the confidentiality of Materials and appropriate usage of the Materials, Indemnity, Disclaimer of Warranty, Limitation of Liability, of this Agreement shall survive the termination of this Agreement.
14. Waiver
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power, or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
15. Severability
The provisions of this agreement shall be deemed severable, and the unenforceability of any one or more of its provisions shall not affect the enforceability of any of the other provisions. If any provision is declared to be unenforceable, the parties shall substitute an enforceable provision that, to the maximum extent possible in accordance with applicable law, preserves the original intentions and economic positions of the parties. Waiver of any provision hereof in one instance shall not preclude enforcement thereof on future occasions.
The parties hereto consider the restriction contained to be reasonable as to protect BTS interests and rights.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to any choice of law rule, and any action arising out of or pertaining to this agreement shall be initiated and maintained in a court of competent jurisdiction at the High Court of Karnataka at Bangalore, Karnataka, India, which shall have the exclusive jurisdiction over any such matter or action. If there is any conflict of laws, the Law of India shall prevail.
17. Amendment and Assignment
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Offerings, and the Materials following the posting of any changes to this Agreement shall constitute acceptance of those changes.
You are not permitted to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any breach of this Agreement or any terms and conditions hereof.
18. Force Majeure
Neither party will be responsible for any failure to perform its obligations under this agreement due to causes beyond its control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods or accidents.
19. Entire Agreement
This Agreement, along with the Privacy Policy, Refund Policy, Rescheduling Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing Your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.