These Terms of Use set out the terms and
conditions for use of this RoadsideCoder (
“Website”) and any content, Public
Forums, or services offered on or through
the Website and/or through any mobile
application(s) (
“Application”)
(collectively referred to as the
“Platform”).
These Terms of Use apply to end users of the
Website (referred to as
“Learners”, “You”, “Your”). These
Terms of Use, including the
Privacy Policy
and any other terms and conditions published
on the Platform or communicated to you from
time to time (collectively referred to as
the “Agreement”), define the relationship
and responsibilities between You and Creator
(as defined herein) in using the Platform.
Your access to the Platform is subject to
Your acceptance of this Agreement. Hence,
please take Your time to read this
Agreement.
When we speak of
“Creator”, ‘we’, ‘us’, and
‘our’, we collectively mean
RoadsideCoder being the creator of this
Platform and the content/materials/services
contained therein.
By accessing this Platform, You are agreeing
to be bound by the terms of this Agreement,
all applicable laws and regulations. From
time-to-time, versions of the
above-mentioned policies and terms are made
available on the Platform for Your reference
and to understand how we handle Your
personal information. By using or visiting
the Platform and services provided to You
on, from, or through the Platform, You are
expressly agreeing to the terms of the
Agreement and any other terms that are
updated from time to time.
If You disagree with any part of this
Agreement or do not wish to be bound by the
same, then please do not use the Platform in
any manner.
-
Access and Registration: If
You’re an individual You must be at
least 18 (eighteen) years of age, or, if
You are between the ages of 13 and 18,
You must have Your parent or legal
guardian's permission to use the
Platform. By using the Platform, You
are, through Your actions, representing
and warranting to us that You have
obtained the appropriate
consents/permissions to use the
Platform. If You are under the age of 13
years or 16 years (depending on your
country of reisdence), You may neither
use our Platform in any manner nor may
You register for any content or services
offered therein.
To access any Content (as defined below)
offered on the Platform, we require You
to register for the same by providing
Your name and email address. Please read
our Privacy Policy to understand how we
handle Your information. Further, You
may also be required to make payment of
a fee to access the Content, if
applicable. For more information, please
read our ‘Payments & Refunds’
section below. You represent that the
information indicated by You during Your
enrolment or registration for any
Content on the Platform, is true and
complete, that You meet the eligibility
requirements for use of the Platform and
the Content offered therein, and You
agree to update us upon any changes to
the information by writing to us at the
contact information provided in the
‘Contact Us’ section below.
For the purpose of this Agreement,
“Content” shall mean and include
any course or session (whether
pre-recorded or live) published by the
Creator on the Platform, including, but
not limited to any reference materials
and text files (if any) offered to You
as part of the Content.
When You register or enrol for any
Content on the Platform, You may also
have access to discussion forums that
enables You to exchange Your thoughts,
knowledge in relation to the Content or
its subject-matter, with us and other
registrants to the Content
(“Public Forum”). Participating
in the Public Forum is completely Your
choice and by registering or enrolling
to a Content on the Platform, You are
not obligated to participate in such
Public Forum.
We maintain and reserve the right to
refuse access to the Platform or remove
content posted by You in the Public
Forums, at any time without notice to
You, if, in our opinion, You have
violated any provision of this
Agreement.
Further, to access the Platform and/or
view the content on the Platform, You
will need to use a
“Supported/Compatible Device”
which means a personal computer, mobile
phone, portable media player, or other
electronic device that meets the system
and compatibility requirements and on
which You are authorized to operate the
Platform. The Supported/Compatible
Devices to access the Platform may
change from time to time and, in some
cases, whether a device is (or remains)
a Supported/Compatible Device may depend
on software or systems provided or
maintained by the device manufacturer or
other third parties. Accordingly,
devices that are Supported/Compatible
Devices at one time may cease to be
Supported/Compatible Devices in the
future. Thus, kindly make sure that the
device that You use is compatible with
any of the systems/software used on the
Platform to access the content/material
offered therein.
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License to Use: You are granted a
limited, non-exclusive license to access
and view the Content on the Platform for
Your own personal, non-commercial use
only. Further, if so allowed on the
Platform, You may temporarily download
one copy of any downloadable Content
[including Creator Content (defined
below)] on the Platform for personal and
non-commercial transitory viewing only.
This license does not grant You the
right to assign or sublicense the
license granted under this Agreement to
anyone else. Further, You may not-
-
modify, edit or copy the Content,
Creator Content or any material made
available on the Platform;
-
create derivative works or exploit
any material made available on the
Platform (including the Content and
Creator Content) or any portion
thereof (including, but not limited
to any copyrighted material,
trademarks, or other proprietary
information contained therein) in
manner that is not permitted under
this license granted to You;
-
publicly display (commercially or
non-commercially) the Content,
Creator Content or any material made
available on the Platform or
otherwise use the same for any
commercial purpose;
-
attempt to decompile or reverse
engineer any software contained in
the Platform;
-
remove any copyright or other
proprietary notations from the
Content, Creator Content or any
material made available on the
Platform; or
-
transfer the any material made
available on the Platform to another
person or 'mirror' the same on any
other server.
For the purpose of this Agreement,
“Creator Content” shall mean and
include any audio files, video files,
audio-visual files, images, text
materials (including .doc, .docx, and
.pdfs) (other than the Content) uploaded
or otherwise published on the Platform
by the Creator to be accessed by You,
including, but not limited to any such
content/material posted by the Creator
in any Public Forum (defined below).
This license shall automatically
terminate if You violate any of these
restrictions and may be terminated by us
at any time. Upon termination of this
license granted to You or Your viewing
of any material on the Platform
(including Content and Creator Content),
You must destroy any downloaded
materials in Your possession (whether in
electronic or printed format).
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Communications: The Platform
includes provision and facilitation of
Public Forums designed to enable You to
communicate with us and other
registrants to the Content You have
registered for. As stated above, use of
these Public Forums are completely your
choice and by registering for a Content,
you are not obligated to participate in
the Public Forum. However, if You choose
to participate, You agree to adhere to
the terms specified in the
‘Code of Conduct’ section
hereinbelow and such other terms as may
be published on our Platform. If it
comes to our notice that Your conduct is
in violation of the terms of this
Agreement, then we may terminate or
suspend Your access to any Public Forums
at any time, without notice, for any
reason. You represent and warrant that
You own and control all rights in and to
any content (including without
limitation chats, postings, or
materials) uploaded or posted by You on
the Public Forums or anywhere on the
Platform (“Learner Content”), or
that You are licensed to use and
reproduce such Learner Content. We are
not responsible for the information that
You choose to share on the Public
Forums, or for the actions of other
users therein. You further understand
and agree that You, shall be solely
responsible for the Learner Content
including its legality, reliability,
accuracy, and appropriateness, and the
consequences of its publication.
Further, if you do post content or
submit any Learner Content on the
Platform, and unless otherwise indicated
by You in writing (emails included) to
us, You hereby grant us a non-exclusive,
royalty-free, irrevocable, perpetual and
fully sublicensable rights to use,
reproduce, modify, adapt, publish,
translate, create derivative works from,
distribute, and display such Learner
Content throughout the world in any
media.
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Code of Conduct: You agree to the
following:
-
Legitimate usage of the
Platform:
You agree to use the Platform only
for lawful purposes and You are not
allowed to use our Platform to
engage in any kind of activity that
violates any applicable central,
state, local, federal or
international law or regulation
(including, without limitation, any
laws regarding the export of data or
software to and from the USA or
other countries). Also, You agree
that You will not use the Platform
in any manner that would disrupt,
damage or impair the Platform or
access to it, in any manner,
including promoting or encouraging
illegal activity such as hacking,
cracking or distribution of
counterfeit software, compromised
accounts, or cheats or hacks for the
Platform and conduct of any form of
fraudulent activity.
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No harmful or dangerous
content:
Any content which incites or
promotes violence, that may cause
physical or emotional harm or that
may endanger the safety of any
individual or is otherwise
objectionable is expressly
prohibited on the Platform. The
Platform is to be used only for the
permitted uses as detailed under
this Agreement.
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No hateful or defamatory
content:
We realise that there may be
instances when there are exchange of
ideas and opinions which is
essential in the learning process,
while we agree that individuals have
the right to voice their opinion, we
do not encourage or tolerate any
form of hate speech or statements
that are libelous, slanderous,
threatening, violent, predatory,
defamatory, or any statement that
incites hatred against specific
individuals or groups with respect
to but not limited to race or ethnic
origin, country caste, religion,
disability, gender, age, sexual
orientation/gender identity etc.
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Violent and graphic content:
Any content, the sole objective of
which is to sensationalise, shock or
disturb individuals is not allowed.
We do not allow any content that
promotes terrorist acts or incites
violence, to be uploaded on the
Platform in any manner.
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Harassment and bullying: We
do not tolerate any form of
harassment or bullying on the
Platform and strive to keep the
Platform a safe space to foster
learning. Harassment in this case
would include, without limitation,
to abusive videos, comments,
messages, revealing someone’s
personal information, including
sensitive personally identifiable
information of individuals, content
or comments uploaded in order to
humiliate someone, sexual harassment
or sexual bullying in any form.
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Spam: Posting untargeted,
unwanted and repetitive content,
comments or messages with an
intention to spam a Public Forum or
otherwise the Platform and to drive
traffic from the Platform to other
third-party sites is in direct
violation of this Agreement. Posting
links to external websites with
malware and other prohibited sites
is not allowed.
-
Scams: Any content uploaded
or posted in order to trick others
for their own financial gain is not
allowed and we do not tolerate any
practices of extortion or blackmail,
either.
-
Privacy violation: Kindly
refer to our Privacy Policy to know
how to protect Your privacy and
respect the privacy of other Users.
-
Impersonation: Impersonating
another person, including but not
limited to, another learner, is not
permitted while using our Platform.
In this case impersonation would
mean the intention to cause
confusion regarding who the real
person is by pretending to be them
(such as using names, image,
documents, certificates etc. not
belonging to You or not used to
identify You, or pretending to be a
company, institute, group etc., by
using their logo, brand name or any
distinguishing mark).
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Unauthorized Access or Disabling
of Platform:
You agree not to (i) use the
Platform in any manner that could
disable, overburden, damage, or
impair the Platform or interfere
with any other user’s use of the
Platform; (ii) not to use any manual
process to monitor or copy any of
the material on the Platform or for
any unauthorized purpose; (iii) use
any device, software, or routine
that interferes with the proper
working of the Platform; (iv) attack
the Platform via a denial-of-service
attack; (v) attempt to gain
unauthorized access to, interfere
with, or disrupt any parts of the
Platform, the server on which the
Platform is stored, or any server,
computer, or database connected to
or associated with the Platform; and
(vi) introduce any viruses, trojan
horses, worms, keystroke loggers,
malware, or other material which is
malicious or technologically harmful
to the Platform.
-
If any violation of the above rules
of conduct comes to our notice,
then, we reserve the right to refuse
Your access to the Platform,
terminate accounts or remove such
violating content at any time
without notice to You.
-
Intellectual Property:
We own all information and materials,
including Content and Creator Content
(in whatever form or media) provided or
communicated to You by or on behalf of
us including but not limited to, the
Platform, trademarks, trade dress,
logos, wordmarks, illustrations,
letters, images, ideas, concepts, the
layout, design, flow, look and feel of
the Platform, logos, marks, graphics,
audio files, video files, any software
which is owned by or licensed to us,
instructions embedded in any form of
digital documents and other data,
information, or material made available
to You by us
(“Creator’s Intellectual
Property”). Creator’s Intellectual Property,
including the copyrights and trademarks
contained therein, may not be modified
by You in any way. You acknowledge and
agree that You do not acquire any
ownership rights to Creator’s
Intellectual Property by use of the
Platform or any part thereof. You
acknowledge and agree that the Creator’s
Intellectual Property is protected by
the applicable intellectual property
laws, including international copyright,
trademark, patent, trade secret and
other intellectual property or
proprietary rights laws and any
unauthorized use, reproduction,
modification, distribution,
transmission, republication, display or
performance of the Creator’s
Intellectual Property or any component
thereof is strictly prohibited.
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Feedback: If You submit
suggestions, ideas, comments, or
questions containing product feedback
about any Content, the Platform or any
part thereof, either through the Public
Forum or otherwise (“Feedback”),
then You grants to us a worldwide,
non-exclusive, royalty-free, perpetual,
and irrevocable right to use (and full
right to sublicense), reproduce, modify,
adapt, publish, translate, create
derivative works from, distribute,
transmit, and display such Feedback in
any form. You shall have no intellectual
property right in any Content, Platform
or any part thereof, as a result of our
incorporation of Feedback into any
Content or the Platform.
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Payments and Refunds: To
register/enrol for any Content, You may
need to pay a fee as may be applicable
(“Content Fee”). Please refer to
our Platform to know the pricing.
Payment of such Content Fee shall be
processed through third-party payment
processors. Your payments may be subject
to applicable taxes, so we suggest that
You read terms and policies of of such
third party payment processors to
understand the same better. Once You
purchase access to a Content on the
Platform, the same cannot be cancelled
and there shall be no refund of the
Content Fee, unless otherwise stated in
our
Refund Policy.
As stated above, we use third-party
service providers to enable You to make
payment for the purchases made on the
Platform. Accordingly, it is hereby
clarified that we do not capture and/or
store any of your sensitive personal
information. While making payments
through such third-party payment
gateways/service providers kindly ensure
to read through their terms and
conditions.
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Disclaimer: THE PLATFORM IS
PROVIDED TO YOU "AS IS" AND "AS
AVAILABLE" AND WITH ALL FAULTS AND
DEFECTS WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, THE CREATOR, ON ITS OWN
BEHALF AND ON BEHALF OF ITS AFFILIATES
AND ITS AND THEIR RESPECTIVE LICENSORS
AND SERVICE PROVIDERS, EXPRESSLY
DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, WITH RESPECT TO THE PLATFORM,
INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND WARRANTIES THAT
MAY ARISE OUT OF COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OR TRADE
PRACTICE. WITHOUT LIMITATION TO THE
FOREGOING, THE CREATOR PROVIDES NO
WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE
PLATFORM OR THE SERVICES OR PRODUCTS
OFFERED THEREIN WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED
RESULTS, BE COMPATIBLE OR WORK WITH ANY
OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR
SERVICES, OPERATE WITHOUT INTERRUPTION,
MEET ANY PERFORMANCE OR RELIABILITY
STANDARDS OR BE ERROR FREE OR THAT ANY
ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE
CREATOR MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED: (I) AS TO THE OPERATION OR
AVAILABILITY OF THE PLATFORM, OR THE
INFORMATION, CONTENT, AND MATERIALS OR
PRODUCTS INCLUDED THEREON; (II) THAT THE
PLATFORM WILL BE UNINTERRUPTED OR
ERROR-FREE; (III) AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY
INFORMATION OR CONTENT PROVIDED THROUGH
THE PLATFORM; OR (IV) THAT THE PLATFORM,
ITS SERVERS, THE CONTENT, OR E-MAILS
SENT FROM OR ON BEHALF OF THE CREATOR
ARE FREE OF VIRUSES, SCRIPTS, TROJAN
HORSES, WORMS, MALWARE, TIMEBOMBS OR
OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN TYPES OF WARRANTIES
OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO SOME OR ALL OF
THE ABOVE EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY TO YOU. BUT IN SUCH A CASE THE
EXCLUSIONS AND LIMITATIONS SET FORTH IN
THIS SECTION SHALL BE APPLIED TO THE
GREATEST EXTENT ENFORCEABLE UNDER
APPLICABLE LAW.
-
Limitation of Liability: In no
event shall the Creator be liable for
any damages (including, without
limitation, damages for loss of data or
profit, or due to business interruption)
arising out of the use or inability to
use the Content or any other materials
on the Platform, even if the Creator or
any authorized personnel of the Creator
has been notified orally or in writing
of the possibility of such damage. Some
jurisdictions do not allow limitations
on implied warranties, or limitations of
liability for consequential or
incidental damages, so, some or all of
these limitations may not apply to You.
-
Indemnity and Release: You shall
indemnify and hold harmless the Creator
and where applicable, its officers,
directors, agents and employees, from
any claim or demand, or actions
including reasonable attorney's fees,
made by any third party or penalty
imposed due to or arising out of Your
breach of this Agreement or any document
incorporated by reference, or Your
violation of any law, rules, regulations
or the rights of a third party.
-
Links to Third Party Website:
Creator has not reviewed all of the
sites linked to its Platform and is not
responsible for the contents of any such
linked site. The inclusion of any link
does not imply endorsement by the
Creator of such site. Use of any such
linked website is at the Your own risk.
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Governing Law and Jurisdiction:
Any claim relating to the Platform shall
be governed by the laws of the Creator’s
home jurisdiction (as provided on the
Platform) without regard to its conflict
of law provisions. You agree, as we do,
to submit to the exclusive jurisdiction
of the courts at Creator’s home
jurisdiction.
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Miscellaneous:
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Alteration of Platform or
Amendments to the Conditions:
We reserve the right to make changes
to our Platform, policies, and this
Agreement at any time. We will post
the new terms with a revision date
indicated at the top or if deemed
practicable. You should check our
Platform frequently to see recent
changes. You will be subject to the
Agreement and the policies in force
at the time that You use the
Platform or any part thereof, unless
any change to those policies or
these conditions is required to be
made by law or government authority
(in which case it will apply to
orders previously placed by You). If
any of these conditions is deemed
invalid, void, or for any reason
unenforceable, that condition will
be deemed severable and will not
affect the validity and
enforceability of any remaining
condition.
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Waiver: If You breach these
conditions and we take no action, we
will still be entitled to use our
rights and remedies in any other
situation where You breach these
conditions.
-
Assignment: You may not
assign or transfer this Agreement,
by operation or law or otherwise.
Any attempt by You to assign or
transfer this Agreement will be null
and void.
-
Severability: If any
provision of this Agreement will be
adjudged by any court of competent
jurisdiction to be unenforceable or
invalid, that provision will be
limited to the minimum extent
necessary so that this Agreement
will otherwise remain in effect.
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Events beyond our reasonable
control:
We will not be held responsible for
any delay or failure to comply with
our obligations under these
conditions if the delay or failure
arises from any cause which is
beyond our reasonable control. This
condition does not affect Your
statutory rights.
-
Contact Us: If You’ve have
concerns or queries regarding this
Agreement, You may write to us by email
at
piyushagarwalvo@gmail.com.
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