TURNKEY INSIGHTS (I) PRIVATE LIMITED
Last revised on: July 18, 2020
The following are the terms & conditions (“Terms”) for accessing and using our website www.turnkeylearning.com (“Website”), or any information or services offered in connection with the Website (“Services”).
TURNKEY INSIGHTS (I) PRIVATE LIMITED (“Company”, “We”, “Us”, “Our” or “Turnkey”, which includes its successors or assigns) owns and operates the Website and offers to its users (“User/You/Your”) a wide range of specially designed and curated educational programs, academic and certified learning courses online from time to time (“Courses”) as part of Our Services.
These Terms shall also apply and extend to any third-party service providers’ resources and platform hosted by Us (each individually referred to as “Third Party Service Provider”). You further acknowledge and agree to abide by their terms and conditions, in addition to Ours. We, in any case, shall not be responsible for any disruption of services caused by such Third-Party Service Providers.
In order to access the Services and/or to post any Content (defined below), you must register to create a learner account (“Account”). Account holders must provide (a) first and last name, (b) a valid email address, and (c) valid date of birth. Once you have provided your complete and accurate information, We will generate an Account and a password for further use and access to Our Website and/or Services.
Your use/access/browsing of the Website or the Services or information or registration (with or without payment/with or without an Account) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
- “Account” shall mean an account that a User creates on the Website for a personalized access to any of the Services on Our Website, which requires such User to provide their Account Information.
- “Account Information” shall mean Your basic information such as name, email ID etc., and may also include Your Personal Information (defined below).
- “Content” shall include, but not limited to, the text, data, graphics, images, photos, video or audiovisual content, hypertext links.
- “Educational Partner Content” shall include, but not limited to, the text, information, data, graphics, images, photos, materials, manuals, books, video, audiovisual content, hypertext links and any other content uploaded, transmitted, provided and/or made available to, in any mode, medium or format, by the Educational Partner (defined below) to a User via the Services or otherwise.
- Intellectual Property” shall mean all copyrights, patents, trademarks, moral rights, service marks, logos, registered designs, domain and sub-domain names and utility models, inventions, brand names, database rights, software, know-how, programming (including source code) and business names and any similar rights of whatever nature situate in any country and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or unregistered, whether now or hereinafter existing and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world).
- Law” or “Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, judgments, decrees, directives and orders of any governmental authority, tribunal, board, a court, in India;
- “Login Credentials” shall mean the login credentials of You the User such as user ID, and password that enable You to use the Services in Our Website and/or on any Third Party Service Provider’s platform.
- “Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person, which may include, but is not limited to, Your contact number, residential address, driving license, gender, and other such details that We may require in order for You to use Our Services.
- “SPD” or “Sensitive Personal Data” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”), and includes any analogous meaning(s) provided under the applicable laws of the Users (for e.g., “Genetic Data” and “Biometric Data” defined under the European Union’s General Data Protection Regulation 2016/679).
- “Turnkey Affiliates” shall mean Turnkey’s directors, agents, officers, employees, agents, affiliates, successors, assigns, managers, members, subsidiaries, partners, attorneys and service providers (such as directors, producers, licensors).
- “User” or “You” or “Your” or “Yours” shall refer to all Users of the Website and/or Services, along with other users and any third-party who use the Website and/or the Services in any way whatsoever, and further includes any person who contributes any information, content, private and public messages, advertisements and any other materials or services on, or towards, Website and/or the Services.
- USER ACCOUNTS AND USER REGISTRATION
In order to avail the Services and to apply for a Course, You will need to set up an Account by providing certain basic information such as name, email phone number and the desired Course You are willing to opt (“Primary Registration”).
You understand and agree that all the Account Information provided by You while setting up an Account is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by You is untrue, inaccurate, not current or incomplete, we reserve the right to terminate Your use of the Services and/or Website and Your enrolment into a Course, to the extent applicable.
You may delete your Account at any time, for any reason, by following the instructions on the Website. However, You must note that We reserve the right to retain Your Account Information in an anonymous form, and any other information provided on an “as-is” basis.
After a successful Primary Registration, You will be allowed to fill a more comprehensive form for enrolling You into the Course you have opted earlier (“Application Form”), which will require You to provide necessary details including, but not limited to, Your educational details, previous work experience etc., and also requires You to provide Your Personal Information such as, but not limited to, Your billing details and contact information, in order for Us to effectively render Services.
- User Consent to use Account Information. You acknowledge and give Your full and unconditional consent to:
- Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
- Your Account Information being shared with any other third-party entity that enters into a commercial relationship with Us.
- Your Account Information being shared in its original form, or as part of or aggregated form, with other third-party entities.
- Your Account Information being shared with Our partners, licensors and affiliates.
- Receiving links to third-party websites and services, and/or display advertisements for third party service providers, which have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”).
- receive from Us Telephone calls, text messages regarding our Services, including promotional calls and messages regarding our Services, and updates to our Courses, provided You provide Your mobile number or any other contact information (“Mobile Contact Number”) while creating an Account or interacting with us.
Services and Courses on the Website would be available to only those Users who successfully complete filling the Application Form.
A User, after successfully filling the Application Form, might have to give a preliminary test (“Eligibility Test”) to establish their capability and preparedness for the rigors of the Course and further enable Us to render Services in an effective manner. An email confirming that a User shall undergo a Diagnosis Test shall be sent to that User’s registered email. Turnkey may engage Third Party Service Providers for the purposes of conducting the Diagnosis Test.
Turnkey reserves the absolute right to reject any User’s enrolment into any Course in any, or both, of the following events:
- The User is not qualified to get enrolled for any Course based on Diagnostic Test; or
- The class for that Course has reached its capacity of maximum students.
- PAYMENT TERMS
It is the sole responsibility of the User enrolling into a Course to check the accuracy of, and evaluate the suitability and relevance of, the Course elected. The enrolment into a Course is non-transferable.
After the User is notified of his eligibility, based on the Diagnosis Test, to enroll into a Course, they are required to make the requisite payment.
To make payment for any Course offered by Turnkey through the Website, You must have internet access and must make the payment only through the current valid accepted payment method by Turnkey (“Payment Method”).
Turnkey does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the Services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Turnkey’s third-party payment provider stores any such information, Turnkey will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Turnkey is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Website for a Course.
When You make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay Us the corresponding fees within thirty (30) days of notification from Us. We reserve the right to disable access to any Course for which We have not received adequate payment.
Payment refunds and cancellation policy shall be as per the Terms. However, we may update our payment refund and cancellation policy, and any such update shall supersede the Terms.
- HDFC CREDILA – EXTERNAL STUDENT FUNDING
The Users will also have an option to avail credit facility from HDFC Bank (“Bank”) to pay for the Course. The User explicitly agrees and acknowledges that Turnkey plays no role in facilitating credit between the Bank and the User and Turnkey is not responsible for any transaction by and between the User and the Bank.
- USE OF SERVICES
Turnkey reserves the right to cancel or reschedule, in whole or part, any Course or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Turnkey, at its sole discretion, may limit, suspend, or terminate your use of the Website or Services and/or all Turnkey-provided services related to the Courses, such as access to Turnkey’s Educational Partners or support services, evaluation services, or certifications. You also understand that Turnkey may modify or discontinue all services related to its Courses at its sole discretion. You agree that Turnkey shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Turnkey to maintain and support the Website or Services or any part or portion thereof or any associated services. We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. The Users shall not hold Turnkey or any of its Educational Partners for any damages arising out of, or in relation to, the unforeseen cancellation, modification, substitution of any part of the Course.
If you no longer wish to use any Service, you may terminate your participation by giving notice to Turnkey.
Users of Turnkey online live lectures and webinars shall be provided access to such classes hosted by Third Party Service Provider’s platform, which shall be notified to the User. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Turnkey with prior intimation regarding this.
In addition to any software or equipment (e.g., hardware of any sort) that may be provided by Us (“Turnkey Equipment”), You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Website and/or the Services, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Website or the Third Party Service Provider’s platform, and you shall be responsible for all charges incurred in connection with the use of the Website and Services in connection with all such equipment and ancillary services. In the event We provide You with any equipment, You agree to use them in accordance with these Terms and any other policies in relation to such Turnkey Equipment.
- CANCELLATION OF SERVICES AND REFUNDS
You may cancel Your enrolment in any Course at any time. No refund will be made once the payment (in part or whole) for a Course has been made. We do not provide refunds for the lack of usage or dissatisfaction.
- EDUCATIONAL CONTENT SERVICE PROVIDERS AND USE OF THEIR PLATFORMS
Turnkey is NOT a University, but a service provider, offering Courses in consultation with Internationally recognized universities, educational institutions, professors, lecturers, etc. (each an “Educational Content Service Provider”).
Turnkey may host the Services, or a part of the Services, through Third Party Service Provider learning management systems for an intuitive and better learning experience (“Learning Management Systems”). In the event Turnkey uses such Learning Management Systems, the Users agree and hereby acknowledge that the Users must abide by terms of such Third-Party Service Provider.
Admission to any educational courses offered by an Educational Content Service Provider is separate from being accepted into and/or enrolling into one or more Courses. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Website or any Service(s) (a) enrolls or registers you with an Educational Content Service Provider, or, division, institute or program of or associated with an Educational Content Service Provider, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Content Service Provider, beyond the Courses.
Turnkey has partnered with educational institutions, e.g., Carnegie Mellon University (“University”) for the purposes of rendering certain Services to the Users, and the Users may be provided access and/or use of the University’s resources such as online libraries etc. and platforms (“University Platform”) during the Course. Each such User will be provided with a unique learning identity by the University to access and/or use the University Platform. Any access and/or use of the University Platform by a User shall be entirely controlled and regulated by the University.
Turnkey will be utilizing Third Party Service Provider’s services (e.g., Amazon Web Services, Instructure) (“Third-Party Platforms”) to enable Users to access their Course work, complete their Course work, assignments, tests, quizzes, exams, projects and other such evaluations of progress. The Users agree that they shall be prudent, diligent and responsible in ensuring that they use these resources in an efficient manner in furtherance of completing the Course.
You will be awarded a certificate of successful completion of the Course (“Course Certificate”) You chose to get enrolled in upon fulfilling the criteria and requirements of Turnkey and its Educational Partners. You acknowledge that any such Course Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.
You will not receive academic credit from Turnkey or any other Educational Partner for taking a Course. If you are taking a Course for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Turnkey will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Course.
Turnkey shall not be liable for any act of the Education Partner, including but not limited to change in faculty, cancellation of Course by Educational Partner, change in coursework or curriculum, grading and quality of instruction
- USER CONDUCT AND BEHAVIOUR
Whether You have enrolled in a Course or are simply browsing the Website, once you have accessed the Website or Services, you shall be considered a ‘User’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Website and/or Services. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Website.
When You use Our Service(s), You may provide Us with your files, content, messages, etc. (“Your Content” or “User Content”). You represent that you have all necessary right, power, and authority to use the Service and share Your Content and will comply with the Terms and applicable Laws while doing so.
The Users agree and acknowledge that they are hereby expressly prohibited to record or copy (for personal use or otherwise), including copying for redistribution, either the audio or video, through any medium, any of the Turnkey Content and the Educational Partners’ Content, including but not limited to, the live lectures, thesis, presentations made available to the User via the Services. Turnkey reserves the right to take reasonable steps to ensure that none of the Users misuse any of the Content provided to the Users via the Services. You agree not to do any of the following while using the Website and/or the Services:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material or making available any of Your Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of anybody’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service, University Platforms or any other Third-Party Platforms;
- probe, scan, or test the vulnerability of any system or network of the Service, University Platforms or any other Third-Party Platforms;
- attempt to gain unauthorized access to the Service, University Platforms, Third-Party Platforms or its related systems or network
- Interfere with or disrupt the integrity or performance of the Service University Platforms or any other third-party service provider;
- Introduce viruses, trojan horses, worms, spyware, or other such malicious code into the Services, University Platforms, or Third-Party Platforms;
- access, tamper with, or use non-public areas or parts of the University Platforms or Third-Party Platforms, or shared areas of the Service you haven’t been invited to;
- promote or advertise any other products or services on our Website, University Platforms or Third-Party Platforms;
- sell or re-sell any other service on our Website, University Platforms or Third-Party Platforms;
- copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of third-party services on our Website, University Platforms or Third-Party Platforms;
- remove or destroy any copyright notices or other proprietary markings contained on or in our Website, University Platforms or Third-Party Platforms;
- violate the Law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to our Website, University Platforms or Third-Party Platforms;
- access, search, or create accounts for the Services or the services offered by the University Platforms, or Third-Party Platforms by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- Coping, reproducing, distributing, republishing, downloading, displaying, posting or transmitting of any content in any form or by any means any part of the Service unless specifically authorized to do so;
- Removing or destroying any copyright notices or other proprietary markings contained on or in the Service;
- Stalking, intimidating and/or harassing another (or some other user) and/or inciting other to commit violence;
- You agree not to use the Website and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or any other information in any way such: (a) that it violates any third-party right, including any Intellectual Property rights or proprietary rights; or (b) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (c) that it is hateful, violent, discriminatory, nude, partially nude, sexually suggestive, or pornographic;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant Laws, regulations or code of practice;
- Interfering with any other person’s use or enjoyment of the Website/Services;
- You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “spoofing”, “hacking”, “pharming” or “whaling” message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Website/Services or any other third party whatsoever;
- Willful misrepresentation of Account Information;
- Cheating on any assignment, test or exams in the Course, including cheating on the diagnostics test conducted by Us or through some other Third-Party identified by Us. It is clarified that for the purpose of this Clause, cheating shall include impersonation, or a breach of any of the instructions of such diagnostics test;
- Harm, harass, threaten, or attempt to impersonate another user or any person;
- Sell or otherwise transfer/assign your Account, Courses in relation to such Account to any third-party;
- Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as interference with page rendering or other Services’ functionality;
- Introduce into the Website, or any other Third Party platform facilitated for the purposes of rendering Services, any viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage, disrupt or interfere with the operation of the Website and/or another’s computer or property;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you haven’t been invited to;
- Send unsolicited communications, promotions or advertisements, or spam;
- access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- Misuse the Services in any manner, i.e. use of the Services in a manner not envisaged under these Terms;
- Manipulate our payment refund and cancellation policy to do any act not expressly permitted in these Terms; and
- Violating the Terms of Service including but not limited to any applicable additional terms of the Website contained herein or elsewhere.
- YOUR CONTENT
You the user may be allowed to upload forum posts, chats and share Your Content with other users and Turnkey’s Educational Partners. Turnkey does not claim ownership of any of your Content that You may submit or make available during the Course. Accordingly, You the User will be the sole and exclusive owner of any and all rights, title and interest in and to Your Content. You hereby unequivocally agree and undertake to ensure that Your Content does not:
- Contain illegal content or promotes illegal activities with the intent to commit such activities.
- Contain credible threats or organizes acts of real-world violence.
- Violate Intellectual Property rights or other third-party rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s Intellectual Property rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
- Otherwise violates the Turnkey Terms, and other applicable Laws, regulations and rules.
With respect to any of Your Content that You submit via the Website or Course or that is otherwise made available to Turnkey via the Services, you hereby grant Turnkey an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content on the Website or in the Course. Turnkey reserves the right to remove any of Your Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Turnkey to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, and (c) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
Turnkey does not control the User Content posted through the Website and/or the Services, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Turnkey be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the Laws applicable to the User Content.
- TURNKEY’S INTELLECTUAL PROPERTY RIGHTS
Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website and Services are proprietary property of Turnkey (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from Turnkey and nothing on this Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the Intellectual Property rights of Turnkey to the User. Further, with respect to third-party content you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other Intellectual Property rights vested in any third-party shall continue to vest with such third-party and You are not permitted to use the same without the consent of the respective third-party.
- THIRD PARTY SERVICE PROVIDERS’ INTELLECTUAL PROPERTY RIGHTS
Turnkey respects third-party Intellectual Property rights and actively supports protection of all third-party Intellectual Property including, but not limited to, copyrights and trademarks (“IP”). It is Our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to Content claimed to be the subject of infringing activity.
Turnkey shall not be held liable for the unauthorized use of any third-party IP, and the user that carries out such unauthorized use or infringes any IP available on the Website, or through the Services, shall fully indemnify and hold Turnkey harmless against any and all claims that may arise as a result of such use.
If You believe that Your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your Intellectual Property rights have been violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other Intellectual Property interest;
- a description of the product, work or other Intellectual Property that you claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or infringing your product, work or other Intellectual Property is located on the Platform/Program;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or Intellectual Property, or its agent, or applicable law; and
- a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or Intellectual Property owner or authorized to act on such owner’s behalf.
PLEASE NOTE THAT THIS PROCEDURE IS EXCLUSIVELY FOR NOTIFYING TURNKEY THAT YOUR COPYRIGHTED MATERIAL HAS BEEN INFRINGED. IT IS EXPRESSLY STATED THAT TURNKEY MAY OR MAY NOT, IN ITS SOLE DISCRETION, TAKE ANY ACTION WITH REGARD TO THE ABOVE.
- REPRESENTATIONS AND WARRANTIES OF THE USER.
You represent and warrant to Us at all times that:
- You are at least 18 years of age at the time of using the Website and/or Services.
- You shall not use the Website or any of the Services beyond the contemplated functionality of the Services.
- You shall not attempt to gain unauthorized access to the Website or any of the Services or any networks, servers or computer systems connected to the Website or Services.
- You shall not use the Website or any of the Services in a way that may damage or impair (i) the Website or the Services, or (ii) Our underlying systems and security.
- You shall not use the Website or any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
- You shall not re-sell, in any medium, any part of the Website or Services.
- You shall not use any of Our Intellectual Property, including the copyrighted content displayed on the Website for any personal or third-party gain, without Our express consent.
- You shall not modify, adapt, translate or reverse engineer any part of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).
- You agree to promptly notify and bring to Our notice in the event Your Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), immediately after the Primary Registration.
- You understand and acknowledge the any calls, text messages that You receive from Us on Your Mobile Contact Number are not unsolicited calls or messages.
- USER RESPONSIBILITIES
You are responsible for maintaining the confidentiality of your Login Credentials and are fully responsible for all activities that occur under your Account (e.g., once logged in). You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account, or any other breach of security. Upon such notification from You, We may, at best, assist You to change Your password. Beyond assisting You to change Your password, We cannot offer any other assistance. In addition, We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
You are responsible for notifying, intimating and communicating to Us, through Email, in the event Your contact number has been registered with the Do Not Disturb/National Consumer Preference Register List of TRAI, prior to availing any of Our Services or enrolling in any Course, whichever is earlier. Without prejudice to the generality of the foregoing, We shall also seek consent from You every six (6) months for Us to continue sending/communicating information to You and endeavor to abide by the applicable rules and regulations of TRAI. However, in no event shall Turnkey be liable for communicating with You on your mobile phone, and You hereby expressly waive Your right to bring an action against Us for sending information in connection with, or in relation to the Website/Services/Courses, including promotional content.
The content (including the Intellectual Property in such Content) in the Services offered by us may be owned by other third-parties. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and remove Your Content from the Service at any time and without notice. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
With that said, We aren’t responsible for the content people post and share via the Service. You agree also to safeguard your password to the Service, make sure that others don’t have access to it, and keep your Account Information current.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve civil damage. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of communications or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any Account Information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
- USER LICENSE
The rights granted to You in these Terms are subject to the following limitations: (a) except as otherwise authorized, You shall not license, sell, re-sell, lease, transfer, assign, distribute, exchange, host, or by any other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, deep-link, transmit or retransmit, make any derivative works of, or otherwise commercially exploit any (i) Content, (ii) Services, or (iii) the information (including Personal Information and Sensitive Personal Data) of Users available on the Website or through the Services; whether in whole or in part; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website, and Services, or the Personal Information of other Users, available on the Website; (c) You shall not access the Website and/or its Services, or the personal information of other Users, available on the Website, or through the Services, in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the Website, and/or its Service, or the personal information of other Users, available on the Website, may be copied, reproduced, distributed, republished, indexed, framed, downloaded, linked, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Website and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or Other Information in any way such: (i) that it violates any third-party right, including any copyright, trademark, patent, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that it is hateful, violent, discriminatory, defamatory, racially or ethnically objectionable, unlawful, obscene, sexually suggestive, or pornographic.
- In addition, You agree not to: (i) display, upload, modify, transmit, publish, or distribute to, or through, the Website or the Third Party Service Providers’ platforms, any computer viruses, worms, or any software codes, files or programs, intended to damage, limit or alter a computer system, computer network, or data, and/or gain unauthorized access to a computer or computer network; (ii) manipulate the Website to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the Website to harvest, collect, gather, or assemble information or data, including Personal Information or Sensitive Personal Data regarding any other users or individuals, including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or the data hosted within the Website, or violate the regulations, policies, restrictions or procedures of such networks; (v) attempt to gain unauthorized access to a third party’s information on the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website and/or it Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website.
- We reserve the right, at any time, to modify, suspend, or discontinue the Website (in whole, or in part) or its Services (in whole, or in part) with or without notice to You. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Website or its Services, or any part of the Website or its Services thereof.
- No Support or Maintenance. If You have any questions, complaints or claims with respect to the Website, Content and/or Services, then such correspondence should be directed to:
- Ownership. Excluding Your Account Information, You understand and acknowledge that Turnkey shall own all rights, title, including all Intellectual Property rights to the Website, Turnkey Content, Educational Partner Content, and Services. It is clarified that these Terms do not transfer to You or any third party any rights, title or interests in, or to such, Intellectual Property rights, except for the limited license that is required to view/use the Website, Content and Services per the Agreement.
- PERSONAL INFORMATION
- Risks. You represent and warrant that the Account Information, or any other information, whether personal or sensitive, provided to Us (“Other Information”) does not violate Our ‘Acceptable Use Policy’ clause above. You may not represent or imply to any person or entity, in any way whatsoever, that the Account Information or Other Information that You provide Us with is sponsored or endorsed by Us in any manner. Because You alone are responsible for Your Account Information and the Other Information that You provide Us with. You may expose Yourself to liability if, for example, the Account Information or Other Information violates the ‘Acceptable Use Policy’ clause. You must note that We are not obligated to create a backup copy of Your Account Information or Other Information that You provide Us with; We will not be held liable or responsible for the deletion of the Account Information or any Other Information that You provide Us with.
- Enforcement. We reserve the right to review Your Account Information or any other information from time to time, and to investigate and/or take appropriate action against You if you violate the ‘Acceptable Use Policy’ clause, or any other provision of these Terms, or otherwise create liability for Us or any other person or Entity, in Our sole discretion. Such action may include (i) removing or modifying Your Profile, (ii) terminating Your Profile in accordance with the ‘Term and Termination clause’, and/or (iii) reporting You to, and cooperative with, law enforcement authorities.
Any and all of Your information can be shared in the above circumstances with competent authorities upon any demand or request by them, or in a good faith belief, that such access, preservation, or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Terms; (c) respond to Your Service requests and/or for any customer service; or (d) protect the rights, property or personal safety of Turnkey, Turnkey Affiliates, other Users and the public.
- Feedback. If You provide Us with any feedback or suggestions regarding the Website, Content and/or the Services (“Feedback”), You hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner We deem appropriate. We will treat any Feedback You provide to Us as non-confidential and non-proprietary; therefore, kindly do not submit to Us any information or ideas that You consider to be confidential or proprietary.
SUBJECT TO APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE TURNKEY AND TURNKEY AFFILIATES FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT ARISES OR HAS ARISEN, DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE WEBSITE AND/OR ITS SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS, OR ANY THIRD-PARTY LINKS). FURTHER, IF YOU HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU FOREVER RELEASE TURNKEY AND TURNKEY AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE WEBSITE, APP AND/OR THE SERVICES AND/OR ANY CONTENT.
- DISCLAIMER OF WARRANTIES
- YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR OWN RISK (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW), AND FOR THE SAME, TURNKEY AND/OR TURNKEY AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS WEBSITE AND THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ALL CONTENT ON, AND IN RELATION TO, THIS WEBSITE AND/OR SERVICES. UNLESS OTHERWISE STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY AND ALL DATA, MATERIAL, INFORMATION, SUBMITTED CONTENT AND/OR SERVICES CONTAINED OR PRESENTED ON THIS WEBSITE/APP IS PROVIDED TO YOU ON AN “AS-IS”, “AS AVAILABLE” AND BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY; OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TURNKEY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDERS OR ANY OTHER THIRD PARTY THROUGH THE WEBSITE AND/OR APP, OR ANY HYPERLINKED SITE, OR OTHER ADVERTISEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE/APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, LEGAL, SAFE, OR FREE OF VIRUSES OR ANY OTHER HARMFUL CODE. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE WEBSITEROPRIATE.
- WE WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS OR UNDER ANY OTHER APPLICABLE LAW OR OTHERWISE), IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICES AND THE WEBSITE/APP:
- TO THE EXTENT THAT THE WEBSITE, APP AND SERVICES ARE PROVIDED FREE-OF-CHARGE – FOR ANY KIND OF LOSS WHATSOEVER (SUCH AS DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS);
- FOR ANY OTHER SERVICES – FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA, OR SECURITY INTRUSION.
- LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TURNKEY AND/OR TURNKEY AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN DATAARISING FROM, OR RELATING TO, THETERMS; OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO, AND USE OF, THE WEBSITE, SERVICES AND THE CONTENT IS AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING THEREFROM. THE FOREGOING LIMILITATION OF LIABILITY SHALL WEBSITELY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EXTENT.
- NOTWITHSTANDING ANYTHING STATED HEREIN, ALL EXCLUSIONS IN THIS LIMITATION OF LIABILITY CLAUSE SHALL BE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW (E.G., SOME JURISDICTIONS MAY NOT PERMIT EXCLUSION OF LIABILITY FOR FRAUDULENT MISREPRESENTATION).
- The Website is provided on an “as-is” and “as-available” basis, and, to the full extent permitted by applicable law, We expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Website will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, legal, safe, or free of viruses or any other harmful code.
- By accepting these Terms, You acknowledge and agree that there are no fiduciary duties or obligations between You and Us.
- We will not be liable to You (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- TERM AND TERMINATION
- Subject to this ‘Term and Termination clause’, these Terms will remain in full force and effect while You use the Website, and/or any of its Services, in any way whatsoever.
- We may suspend or terminate Your rights to use the Website (including Your Account) at any time and for any reason, at Our sole discretion, including for any use of the Website and/or its Services in violation of these Terms.
- Upon termination of Your rights under these Terms, Your Account and right to access and use the Website and/or its Services, will terminate immediately. You understand that any termination of Your Account may involve deletion of the Account Information and any other Information associated with Your Profile from all Our databases. We will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your Profile.
- Electronic Communications. You (a) consent to receive communications from Us in an electronic form; (b) agree that all Terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing; and (c) consent to receive communication, in connection with, or in relation to the Website/Services including but not limited to information regarding Courses, periodic updates, subscriber information, promotional content etc.
- Waiver. Any waiver of Our rights or remedy under these Terms shall only be effective if it is in writing, executed by Our duly authorized representative, and shall be applicable only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.
- Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.
- Severability. The provision(s) of these Terms shall be sought to be harmoniously interpreted with each other, as well as applicable Laws (including the applicable laws based on the jurisdiction of the User’s) and upheld to the fullest extent permissible under applicable Laws. Further, the provisions contained in this Agreement shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable Laws. Further, if any of those provision(s) are void, but would be valid if some part of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid.
- Relationship between you and us. You confirm that You do not have an employment, contractor, agency or partnership relationship with Turnkey. Turnkey is merely providing You the Services on your request. Further, You are acting on either on Your own or behalf of another person, in the manner stated in the Agreement.
- Assignment. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However, You acknowledge and agree that We reserve the right to freely assign Our rights and obligations under these Terms to whomsoever We please. The Terms and conditions set forth in these Terms shall be binding upon assignees.
- Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws prevalent in India. You agree that the courts of Hyderabad, Telangana shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms.
- Contact Information. If You wish to contact Us in writing, or if these Terms require You to give notice to Us in writing, please contact Us at email@example.com.