- Saksham Digital Technology welcomes you, irrespective of whether you are a mere visitor or a member/subscriber to our Platform.
- These Terms and Conditions constitute an electronic record within the meaning of applicable law and do not require any physical or digital signatures. These Terms and Conditions are published in compliance with, and are governed by the provisions of Indian law, including but not limited to: (i) the Indian Contract Act, 1872; and (ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
- Please read the Terms and Conditions carefully before accessing, browsing, or using our Services.
- For the avoidance of doubt, it is clarified that these Terms and Conditions shall apply to all Services, whether offered by Saksham, its Subsidiaries or its Affiliates.
- By accessing our Platform or purchasing/utilizing our Services, you agree and understand that Saksham is an “Intermediary” as defined under the provisions of the (Indian) Information Technology Act, 2000.
Acceptance of terms and conditions
Before you are permitted to use the Services, you are required to accept these Terms and Conditions.
- If, at any time, you do not accept or agree with any of these Terms and Conditions or do not wish to be bound by these Terms and Conditions, you may: (i) not access, browse or use the Platform and the Services or (ii) send an email to us at firstname.lastname@example.org indicating your intent.
Eligibility and Registration
- This clause sets forth the eligibility criteria in order to access the Platform or avail the Services at Saksham.
- You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform and Services is revoked where these Terms and Conditions or use of the Platform or the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
- If you are using the Services on behalf of an entity, company or other organization/association, you represent and warrant that you: (i) have the authority to bind such entity, company or organization/association to these Terms and Conditions; and (ii) agree to be bound by these Terms and Conditions on behalf of such entity, company or organization/association.
Use Of The Platform And Services
- You agree to use the Platform and the Services only for purposes that are permitted by: (i) these Terms and Conditions; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- The Platform and the Services have been designed for informational purposes only. The Platform is a medium that can be utilized by Users those who want to learn programming in IT sector.
- While Saksham shall continuously work towards keeping the Platform functional, you hereby acknowledge that technical failures are inevitable. We shall take adequate steps to keep the Platform running and in the event of any unforeseen problems or technical malfunction of our network, servers, computer systems or equipment, or software on account of technical problems or traffic congestion on the Internet or combination thereof, we shall take immediate measures to remedy the problem. However, we do not assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you, including but not limited to loss of profit, loss of data, or loss of opportunity arising out of such unforeseen events and/or technical malfunction, or otherwise.
- Saksham cannot and does not guarantee or warrant that files available for download through the Platform will be free of viruses, worms or other code that may be damaging.
- Use of the Services requires a supporting environment, including Internet access, compatible hardware and software, and may also require periodic updates to your browser, mobile application, hardware, and/or other software. You agree that meeting these requirements is your sole responsibility and such requirements may change from time to time.
- Saksham may make changes to any Services offered on the Platform, or to the applicable terms for any such Services, at any time, without notice.
Additional Terms And Conditions For Specific Services
- Additional terms and conditions may apply in order for you to avail specific Services and to specific portions or features of the Platform, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by reference. You agree to abide by such other terms and conditions, including where applicable representing.
- If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Platform or for any specific Service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific Service.
- We reserve the right to charge convenience charges on the Services we offer at our discretion. Customers will be intimated about the same while doing the transaction. Saksham Digital Technology reserves the rights to change its fee policy from time to time and reserves the right to introduce new fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Saksham Digital Technology.
- The Customer shall make payment, in full; if Customer has availed any Services from Saksham Digital Technology the Customer will pay for the Services as per the mode of payment prescribed by the Saksham Digital Technology from time to time.
- The Customer shall be liable to pay all applicable taxes with respect to Services provided by Saksham Digital Technology.
- Any payment made by the Customer for availing the Services is non-refundable. However, at Saksham’s sole discretion, refunds or credits may be granted in extenuating circumstances, as or to correct any errors made by Saksham Digital Technology. In no event shall Saksham’s aggregate liability in such events exceed the fee received by it from the concerned Customer for the relevant Service.
Pricing, Coupon Code, Discounts And Referal Program
- Saksham strives to get the best deals and provide the most competitive prices and we try to provide you with the best pricing for the services.
- We try to keep the prices of the services on the Platform updated. We also try to keep suggested plans or prices based on our information but at times, they may not be the latest pricing of the services. While we strive to provide accurate pricing information, typographical and other errors may occur. In the event that a course is listed at an incorrect price or with incorrect information due to an error in pricing or service information, we will have the right to modify the price of the service and contact the Customer for further instructions, or cancel the service and notify the Customer of such cancellation.
- Any discounts offered by Saksham will cover deduction in amount during the process of making the payment to Saksham. No claims later will be entertained. The discounts or coupons cannot be applied later once the order is confirmed and no reason or queries will be entertained in this respect. Any discounts are subject to Saksham’s discretion and can be changed, altered or withdrawn anytime without providing any prior information to the User. The User cannot hold Saksham responsible for any losses arising from the usage or non-usage of these discounts.
- You must make sure to use a debit or credit card or bank account or Internet wallet that you can legally use and either own or have authorization to use. During the transaction and processing of payment, you must provide the correct, accurate and complete details. Saksham cannot be held responsible for any illegal use of any debit or credit card or bank account or Internet wallet. It is solely the responsibility of the user to use authorized payment details and ensure sufficient balance, limit or payment capacity is present in the card or bank account or Internet wallet.
- For further information regarding pricing and payment, please contact Saksham at email@example.com
- All fees and other charges are payable in Indian Rupees to the entity and in the manner determined by Saksham Digital Technology. You shall be solely responsible for compliance of all applicable laws for making payments to Saksham Digital Technology.
- All payments for Services will be made through: (i) an electronic and automated collection and remittance service (the “Payment Gateway”), either hosted on the Platform through payment gateway service providers or payment links of service providers provided by Saksham Digital Technology (the “Service Providers”); or (ii) wire/bank transfer to a bank account designated by Saksham Digital Technology; or (iii) through payment links provided by Saksham Digital Technology. The Payment Gateway service is provided to you in order to facilitate your purchase of Services. The terms of your payment may also be determined by agreements between you and the financial institution, card issuer or other provider of your chosen payment method. By choosing to use paid Services, you agree to pay us, through the Service Providers, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms. You represent that you have the legal right to use any payment method that you submit to us.
- Saksham Digital Technology does not collect and store any payment details provided by you for transacting through the Payment Gateway. You agree, understand and confirm that personal data including without limitation details relating to debit card/credit card stored and transmitted over the Internet is susceptible to misuse, theft and/or fraud and that Saksham has no control over such matters and shall not be liable in any manner whatsoever. We does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorized use of data over the Internet.
- The records of Saksham generated by the transactions arising out of the use of Service, including the time the transaction is recorded, shall be conclusive proof of the genuineness and accuracy of the transaction. You further agree and undertake to provide correct and valid debit/credit card/net banking details. In default of the above conditions, Saksham shall be entitled to recover the amount of the transaction from you. Further, Saksham also reserves the right to initiate any legal action for recovery of cost, penalty or any other measures, as it may deem fit.
- Saksham Digital Technology will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you while making payments to Saksham Digital Technology.
- When you use the Platform and/or Services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records (including SMS) from us periodically and as and when required, irrespective of whether you are registered under the Do Not Disturb registry under Telecom Regulatory Authority of India, Government of India (TRAI) or not.
- We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.
- Saksham Digital Technology will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that you shall have received the information sent by Saksham as an alert on the mobile phone number or e-mail ID provided during the course , or in relation to, using the Platform or availing any Services.
- Saksham Digital Technology shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Saksham liable for non-availability of the SMS/email alert/push notifications service in any manner whatsoever.
- In the event that you observe any error in the information provided in the alert, Saksham shall be immediately informed about the same by you and Saksham will make best possible efforts to rectify the error as early as possible. You shall not hold Saksham liable for any Losses that may be incurred/suffered by you on account of the SMS/e-mail alert/push notification facility.
Content Of The Website
- The Services shall contain Content specifically provided by us and such Content is protected by copyrights, trademarks, trade secrets or other proprietary and intellectual property rights and laws. Your use of the Content shall at all times be subject to these Terms and Conditions and you shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- While Saksham uses reasonable efforts to include accurate and up-to-date information on the Platform, Saksham makes no warranties or representations as to its accuracy. Saksham does not assume any liability or responsibility for any errors or omissions in the Content.
- Given the nature of the Platform and the Services provided by us, it is not possible for us to be aware of the content that is uploaded or displayed on the Platform. Accordingly, Saksham operates on a “notice and takedown” basis. If you believe that any Content, including User Content on the Platform is illegal, offensive or otherwise in breach of these Terms and Conditions, please notify us immediately. Once this procedure has been followed, we will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time, and in any event within 36 (thirty six) hours or such longer period provided under applicable law.
- Saksham Digital Technology may also take down Content, including User Content, upon receipt of a takedown notice received from any law enforcement agencies or upon the order of any judicial authority.
- All content created, added, uploaded, submitted, distributed, communicated or posted on the Platform by Users whether publicly posted or privately transmitted, is the sole responsibility of the User/person who originated such User Content. The Platform permits the submission of User Content and the hosting, sharing, and/or publishing of such User Content. The User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Any and all feedback, review or content in any form provided by you will be non-confidential and Saksham can make use of this information on an unrestricted manner. Saksham may periodically review the User Content and may, with or without notice, take down such User Content that is not compliant with these Terms and Conditions.
- You acknowledge that all Content and User Content, accessed by you using the Services, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content, or User Content you access on the Platform or through the Services is or will continue to be accurate. Saksham Digital Technology does not and will not claim any ownership over or rights to the User Content, except to the extent stated herein.
- By submitting any User Content to the Platform, you also hereby do and shall grant each User (only to the extent such User Content is accessible to other Users) a non-exclusive and perpetual license to access any of your User Content that is available to such User on the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your arrangement with us or the Services.
- For clarity, the foregoing licenses granted to us and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.
- Saksham Digital Technology: (i) does not examine, verify, research, endorse, validate or certify the User Content and any other information submitted/uploaded by Users on the Platform nor assumes that all User Content and information will be complete, accurate, truthful, trustworthy and reliable; and (ii) expressly disclaims any and all liability in connection with User Content.
- As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, Saksham Digital Technology hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which the User does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Mandatory Rules Of Conduct
- As a condition of use of the Platform and the Services, you promise and undertake not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activities in connection with the Services and the activities of any person who uses your Account or who uses your computers, systems, mobiles, machines, communication devices, network and others’ applications and resources.
- By using the Platform and the Services, you agree specifically that: (i) you will use your own independent and informed judgement before making any decision to buy any services and Saksham Digital Technology is not providing you any advice or making any recommendation with respect to any service, deal or transaction; (ii) you do not expect Saksham Digital Technology to, and understand that Saksham Digital Technology does not, evaluate, confirm, verify or endorse any content, whether viewed on the Platform or otherwise conduct its own independent due diligence; (iii) you are not relying on the Content, or any data and information that appears on the Platform to make any decision related to your purchase of the services; (iv) you will obtain such advice as is appropriate to protect your interest, including legal, accounting, tax, financial and other advice, before transacting through the Platform; (v) there is a risk of incurring losses and damages as a result of any activity (purchase and/or sale of services) and that you are willing to undertake this risk at your own will; and (vi) any decision taken by you pursuant to the use of the Services are at your own will and risk and you will be solely liable for the Loss incurred as result of any transaction undertaken by you pursuant to the Services.
- Saksham Digital Technology strictly prohibits the submission, uploading, sharing, or distribution of content, information, data, and/or materials (either directly or indirectly) of the nature described below:
Sexually explicit content:Saksham does not allow actions that facilitate or promote sexual gratification or sexually explicit content.
Violence and dangerous activities: Saksham does not allow actions that facilitate or promote gratuitous violence or dangerous activities.
Hate speech: Saksham does not allow actions that facilitate or promote content that advocates hate or violence against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
Gambling and other Illegal activities: Saksham does not allow actions that promote online gambling services, including but not limited to, online casinos, sports betting, lotteries, or games of skill if they offer prizes of cash or other value.
Alcohol & Tobacco: We do not allow actions that promote excessive use of alcohol or tobacco or use by minors.
Recreational Drugs: Saksham does not allow actions that facilitate the sale or production of recreational drugs.
Emergency Services: Saksham does not allow actions that enable users to contact emergency responders. For example, 100.
Financial Services: Saksham does not allow actions that provide services or store sensitive financial data in violation of applicable legal obligations. This includes, for example, bank account or credit card numbers, or PIN/passwords.
- You shall abide by all applicable local, state, national and international laws and regulations with respect to the use of the Platform and Services.
- You shall not use the Services in violation of the copyrights, trademarks, patents, trade secrets nor shall you utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The applicable laws governing intellectual property will apply to issues of copyrights violations. Saksham will, in appropriate circumstance, terminate access to the Platform/Services of violators.
- You shall: (i) be fully responsible for the acts of others utilizing your access to the Services, and will be held responsible for violations of the Services by your sub-Users or persons who gain access to the Services using your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources; (ii) utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with access to your Account, computers, systems, mobiles, machines, communication devices, network and others applications and resources and information; (iii) notify all persons who receive access to the Services of the provisions of these Terms and Conditions, and shall inform them that the terms of these Terms and Conditions are binding upon them; and (iv) notify Saksham if and when you learn of security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Saksham to cure the security breach.
- You shall assume full legal responsibility for any access and use of the Platform and the Services, and in the event of any breach of this duty resulting in legal claim against Saksham Digital Technology, you shall defend, indemnify and hold Saksham harmless from all claims and damages arising therefrom.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violation hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support request; and (v) protect the rights, property or safety of us, our Users and the public.
- The enumeration of violations in this Section is not meant to be exclusive, and Saksham has and will exercise its authority to take any action which is necessary to protect the Services, and Users.
- If Saksham Digital Technology does take any legal action against you as a result of your violation of these Terms and Conditions, Saksham Digital Technology is entitled to fully recover from you all attorney’s fees and costs as a result of such activity by you. You agree to fully pay any such fees incurred in the process. Saksham Digital Technology reserves complete right to seize your Account in whatever condition it is and freeze it without doing anything about any information contained in the Account or pending Orders.
Intellectual Property Rights And Ownership
- The Platform, Saksham Network and all information and Content available on the Platform and its “look and feel”, including but not limited to the Saksham Marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data complications and software, and the compilation and organization thereof is the property of Saksham, or is used with consent of the owner and is protected by laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific written permission is provided by us. Any unauthorized use shall violate copyright laws, trademark laws and other applicable intellectual property laws.
- You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content obtained through the Platform for any commercial purposes. If you download or print any Content for personal use, you must retain all copyright and other proprietary notice contained therein.
- Subject to these Terms and Conditions, we grant each User a non-exclusive, revocable, non-sublicensable, non-transferable and limited license to access the Platform solely for the purpose availing the Services.
- The Services may contain information which is confidential to Saksham Digital Technology including, without limitation, all information designated as confidential or recognizable as trade or business secrets or for other reasons recognizable or made available to you as confidential. Each User shall use commercially reasonable efforts to keep confidential, any and all data and information about Saksham Digital Technology (“Confidential Information”), whether written, oral or visual, disclosed to it by Saksham Digital Technology or which comes into its possession or knowledge, from time to time.
- You shall not disclose the Confidential Information to any others, except as may be required by law, in which this case and to the extent permissible by applicable law, you will notify Saksham Digital Technology immediately of any disclosure of any information which is confidential to Saksham Digital Technology.
- You acknowledge that we have no duty to take any action regarding: (i) which Users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.
- The Platform, the Services, the Content, including without limitation any information delivered as part of the foregoing are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, that you will have continuous, uninterrupted or secure access to our Platform or the Services or that the Platform or the Services are error free and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
- Saksham Digital Technology and Saksham Digital Technology Representatives do not warrant that: (i) the Platform or the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any Content or software available through the Platform or Services is free of viruses or other harmful components; and/or (iv) the result of using the Platform or the Services will meet your requirements. Your use of the Platform or the Services is solely at your own risk. Information you request may not be available or may not be provided, and Saksham Digital Technology has no liability for such failure. In no event will Saksham Digital Technology warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, timeliness of any information, the Contents and/or the Services. The Information, Contents, Products and Services available on the Platform may include technical inaccuracies or typographical errors. Therefore, you agree that your access to and use of our Platform, the Services and Content are at your own risk.
- Saksham do not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty made by Saksham.
Limitation Of Liability
- Saksham Digital Technology disclaims any and all liability to you for enabling the purchase of the services. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant service to Saksham Digital Technology.
- Saksham Digital Technology reserves the right, in its sole discretion, to terminate your access to all or any part of the Platform or the Services at any time, with or without notice, effective immediately.
- If you wish to terminate your Account, you may do so by following the instructions on the Platform or through the Services or writing to us at firstname.lastname@example.org
- Saksham Digital Technology is entitled to terminate these Terms and Conditions at any time and without any prior notice if you violate of any of these Terms and Conditions.
- Any such termination may result in the forfeiture and destruction of information associated with your Account.
- Upon termination of your access to the Platform or Services for any reason, you shall destroy and remove from all computers, devices, equipment and other storage media all copies of any intellectual property owned by Saksham Digital Technology that you acquired through the Services.
- Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to the Saksham Digital Technology before such termination shall become immediately due and payable, including any liabilities that may have been incurred prior to termination such as, Saksham’s costs for collection (including attorneys’ fees) of any such charges or other liabilities.
- Upon termination, any and all rights granted to the user will immediately be terminated, and the user shall promptly discontinue all use of the Services.
Governing Law And Jurisdiction
- These Terms and Conditions will be governed by the laws of India. Further, the courts at Mumbai, India shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and Conditions and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
- If any dispute, controversy or claim arises under this Agreement or in relation to the Platform or Service, including any question regarding the existence, validity or termination of this Agreement, the concerned parties shall use all reasonable endeavors to resolve such Dispute amicably.
- If the parties are unable to resolve the Dispute amicably within 30 (thirty) days of the notice of such Dispute, Saksham may elect to resolve such Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator to be appointed by Saksham. The seat of the arbitration shall be Bhopal and the language of arbitration shall be English.
- Nothing contained in this clause will preclude a party from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief.
- Any arbitration shall be confidential, and neither you nor Saksham may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award.
- All administrative fees and expenses of arbitration will be divided equally between you and Saksham. This paragraph shall survive termination of these Terms and Conditions.