These Terms of Service ("Terms") govern your access and use of our Website, learning platform and content therein or via a hyperlink associated therewith (the "Services"). Please read the Terms carefully. Even though, in some cases you may be signing onto an existing platform, these Terms apply to you.
These Terms are a legally binding contract between you and TransUnion CIBIL Limited (TUCL). As part of these Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these Terms on our website. You agree that TransUnion CIBIL may, at its sole discretion, amend the Terms and / or Services, either wholly or partially, at any time without the requirement of any prior notice or consent. If you access or use the Services or continue accessing or using the Services after change to the Terms or the Privacy Policy, you confirm that you have read, understand and agree to be bound by the Terms and the Privacy Policy.
TUCL hereby grants you a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by TUCL, and (b) access and use the TUCL computer and network services offered within the Website (the "TUCL Systems") only in the manner expressly permitted by TUCL. Except for this limited license, TUCL does not convey any interest in or to the TUCL Systems, information or data available via the TUCL Systems (the "Information"), Content, Services, Web Site or any other TUCL property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of TUCL. You may not copy, make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, transmit, retransmit or otherwise use the Content and Services in any way unless expressly permitted to do so by TUCL.
TUCL providing Services / learning materials 'as is and without any warranties, whether express or implied, except those that cannot be excluded under statute. TUCL also do not guarantee that the materials will be error free, including technical inaccuracies.
You hereby agree and acknowledge that TUCL may provide the Services through itself or through its third party service providers from time to time, at TUCL sole discretion.
In addition to other restrictions set forth in these Terms, you agree that:
TUCL will take all commercially reasonable steps to provide you with uninterrupted access to the Website and Services. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server down time, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, TUCL will take commercially reasonable steps to restore your full access within a reasonable period. 'Commercially reasonable' in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Our aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Services or any other materials may occur at any time without prior notification to ensure that they are up to date and accurate.
Where your access to the Services is restricted for any of the above reasons, TUCL may provide you with a free extension of time at our sole discretion.
All rights, title and interest in intellectual property rights relating to the Website and Services including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by TUCL. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.
Except as otherwise expressly authorised by these Terms, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website and Services in any way without TUCL's prior written permission. Except as expressly provided herein, TUCL does not grant to you any express or implied rights to the Intellectual Property of TUCL or that of any third party.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
TUCL is not liable to you in any way for any direct, indirect, special, incidental, punitive or consequential damage of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses resulting from the use of and/or inability to use the Website, information, Services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not TUCL is advised of the possibility of such damages.
You acknowledge, understand and agree that, without limiting the above clause, TransUnion CIBIL shall not be responsible and disclaims all responsibilities for any claim, liability, or any damage resulting from, arising out of, or in any way related to: (a) the use or the inability to use the Services or Website; (b) the cost of procurement of substitute services; (c) unauthorized access to or alteration of transmissions or data; (d) any other matter relating to the provision of Services for underlying subscription / transaction; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/s and / or Services, or otherwise, (e) any errors in or omissions from this Website/s, including but not limited to technical inaccuracies and typographical errors, (f) any third party websites or content therein directly or indirectly accessed through links in this website/s, including but not limited to any errors in or omissions therefrom, (g) the unavailability of this website/s or any portion thereof, or (h) your use of any equipment or software in connection with this website/s.
In the event that any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or TransUnion CIBIL from any relevant competent authority, TransUnion CIBIL shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as TransUnion CIBIL thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless TransUnion CIBIL decides in its sole discretion to stop the provision of the Services either wholly or in part.
You shall not assign or transfer any of your rights and/or obligations in relation to the Services contemplated herein under or pursuant to these Terms to any other person.
TUCL Website may contain links to other websites on the internet. TUCL is neither responsible for nor endorses the content, products, services or practices of third-party websites, including, but not limited to, websites embedded in our Website or third-party advertisements, and makes no representations regarding the quality, content, accuracy or suitability of these websites in the context of your viewing or use. You may exercise discretion. Use of third-party websites by you shall be at your own risk and subject to the terms of use of such websites.
In furtherance of these Terms and subject to applicable laws, you understand that TransUnion CIBIL reserves the right to issue further directions which shall be applicable to you from time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by TransUnion CIBIL with an intimation on this Website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to you of such variation. You agree to accept any such variation made by TransUnion CIBIL in this regard regardless of the mode through which you have approached TransUnion CIBIL.
You agree to defend, indemnify, and hold harmless TransUnion CIBIL, its officers, directors, employees, agents, licensees, affiliates, advisors, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case maybe) by TransUnion CIBIL and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against TransUnion CIBIL by third parties arising pursuant to the provision of services with respect to the Services / transaction and/or any matters incidental thereto.
TransUnion CIBIL shall not be liable for any failure to perform any of its obligations under these Terms or provide the Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government or acts of third party/ies.
You understand that by providing your mobile number and email address, you have assented to receiving SMS (es)/Email (s) and you may be sent SMS (es)/Email (s) to update status of your Products and services on our website/s. You further understand that by providing your said mobile number and email address, you have also assented to receiving calls and emails from TransUnion CIBIL, their agents etc. regarding any other TransUnion CIBIL services and Products not covered hereunder.
You hereby agree and understand that post completion of learning material, TUCL shall not be liable to offer any placement or employment offer or opportunities. You hereby agree and confirms that subscribing for the learning material is only limited to learning purpose.
In case you fail to complete the learning module within time period / validity of such learning module then you will not be able to complete the said learning module at later date and also TUCL shall not be liable to issue certificate for the same in any case whatsoever.
You hereby agree and confirms that the benefits received through the Services cannot be clubbed with any other services and you shall not bring any claim on TUCL for any reason whatsoever.
These terms are governed by and construed in accordance with the laws of India.
In the event of any claim, dispute or difference arising out of or in relation to these Terms, the claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by TransUnion CIBIL who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Mumbai and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by you.
Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Mumbai.