Terms and Conditions

 

This Website is owned by Techiespire Private Limited, a Private Company incorporation under the provisions of the Companies Act, 2013 having its registered office at #334, Cabin No-203, 27th Main Road, Sector 2, HSR Layout, Bangalore (“hereinafter referred to as “the Company”, “The Tech Destiny”, “we” or “us”)

 

Welcome to the Company’s terms and conditions. These terms and conditions (“Terms and Conditions”), are between Company and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.techdestiny.com (“Website/ Platform”), you agree to be bound by the provisions of these Terms and Conditions.

 

Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on Platform as they shall govern your use of the Platform. These terms and conditions are in addition to the Website Disclaimer and shall apply to the sale of any Online Course and/or Taught Course.  Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.

 

 By using or visiting the Platform or any The Tech Destiny software, data feeds, and service provided to You on, from, or through the Platform, You signify your agreement to (1) these “Terms and Conditions”, (2) The Tech Destiny’s Privacy Policy and any other terms that are updated from time to time. For purchases through this Platform, by clicking on the “Accept” button You agree to the terms and conditions of this Platform and shall be binding upon You. If you do not agree to these terms and conditions, please do not use The Tech Destiny Platform.

 

  1. Services

 

The Company will provide the Services and standard updates related to the Services during the term. The Company may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without any prior notice. We will provide the Services with reasonable care and skill in accordance to the description set out on the Website. We do not provide any guarantee to You in relation to result, professional qualification or employment opportunity for Your purchase and completion of any of the Services on the Platform.

 

Subject to all the terms and conditions of the Agreement, the Company grants non-exclusive, non-transferable, non-sublicensable right and license to access and use the Platform and the Service(s) solely for providing online courses, but only in accordance with the Agreement and these Terms of Services (including without limitation any applicable service-specific terms), the documentation, and all applicable scope of Use descriptions.

 

 

 

 

  1. Platform

 

Use of Services on the Platform is available only to persons who can form legally binding contract. In order to avail any Services, You must register with the Platform and the login credentials will be generated. If You already have an account, You should use the existing login ID and password to login to the Platform.

 

When You create an account with us, You guarantee that you are above the age of 18 years, and that the information You provide to us is accurate, complete, and current at all times. When You place an order for a Service through the Platform You are offering to purchase the Services on the Company’s terms and conditions. The Company reserves the right to cancel or decline your order or any part of your order at any time until the payment against the Service availed is received the Company.

When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify the Company immediately of any breach of security or unauthorized use of your account. At no point in time will the Company be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to the Company or others due to such unauthorized use, if any.

The Company takes no responsibility for any User Content that is uploaded on the Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Services provided on the Platform.

 

  1. Use of Compatible Devices

 

Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

 

  1. Communications

 

The Services availed will be valid only after we have accepted your offer to purchase Services from us. The confirmation will be send to you through an email confirming the purchase and receipt of payment of the relevant Fees. Where your order consists of multiple online courses or multiple taught courses, each individual course will be treated by us as a separate offer to purchase.

When You use the Services or send emails or other data, information or communication to the Platform You agree and understand that you are communicating with the Company through electronic modes and other telecommunication modes and by using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send via any and all electronic, digital and other telecommunication modes. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@thetechdestiny.com.

 

  1. Fees and Charges

Membership on the Platform: The Company reserves the right to charge fees and change its policies thereafter and from time to time. The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. The fees unless otherwise specified will always be exclusive of cost of course material, delivery charges, any fees payable to any professional body in relation to course applied or any type of taxes whether applicable from state or central government. The Company reserves the unrestricted and discretionary right to change, rearrange, add or delete services offerings, the selections in those offerings, prices, and any other service may offer, at any time and accordingly, reserves, the right to introduce fees for the new services and/or for some or all of the existing services on the Platform, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Platform. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company. The Company will endeavour to notify you of any such change and its effective date.

  1. Contents and Conduct

You may post reviews, comments and other content send other communications and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give The Tech Destiny limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Platform and in any of its marketing or promotional activities.

 

In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the course materials and the software in respect of the online course for the sole purpose of completing the online course and / or attending the taught course.

 

 

 

 

  1. Restrictions

You are restricted to-

  1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the course materials without prior written permission;
  2. record on video or audio tape, relay by videophone or other means the online course given;
  • modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the online courses.

Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the online courses.

 

  1. Use of Platform and its Services

 

You may use the Platform and the Services only for lawful purposes and in accordance with these Terms of Services.

You hereby agree not to use the Platform and the Services:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

 

 

 

Additionally, you agree not to:

(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b) Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, process, program or means to access the Platform and/or the Service for any purpose, including monitoring or copying any of the material on the Platform.

(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d) Use for any purpose that is unlawful or otherwise prohibited by these Terms of Services, or for other activity which infringes the rights of the Company or others;

(e) Use any device, software, or routine that interferes with the proper working of the Platform.

(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which the Platform is stored, or any server, computer, or database connected to Service.

(h) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

(i) Take any action that may damage or falsify Company rating.

(j) In any way decompile, reverse engineer, or disassemble any material or content on the Website.

(k) Otherwise attempt to interfere with the proper working of the Platform and the Service.

 

  1. 9. Refund & Cancellation

 

Any refunds that are to be processed shall be processed in accordance with the Company’s refund policy.

 

 

 

  1. Intellectual Property Rights

The Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform is owned and controlled by The Tech Destiny and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.

Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, The Company owns all IPR to and into the trademark “The Tech Destiny” and the Platform.

The mark “The Tech Destiny” is the sole property of the Company. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from the Company.

 

  1. Reporting of an Error and Feedback

 

You may directly write to us at support@thetechdestiny.com to report any error or provide any feedback, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service.

 

  1. Link with Third Party Websites

 

Our products may link to third party websites and we are not responsible for their data policies or procedures or their content. The Company endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

 

  1. Disclaimer of Warranty

 

THIS WEBSITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION/PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION/SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

 

  1. Indemnity & Limitation of Liability

ALTHOUGH THE COMPANY AIMS TO PROVIDE THE SERVICES TO THE HIGHEST STANDARDS OF THE INDUSTRY, NEITHER IT, NOR ITS TRAINERS ACCEPT ANY LIABILITY FOR ANY INACCURACY OR MISLEADING INFORMATION PROVIDED IN THE PROGRAMMES OR COURSE MATERIALS AND ANY RELIANCE BY CLIENT ON ANY SUCH INFORMATION, ANY LOSS OR CORRUPTION OF DATA, ANY LOSS OF PROFIT, REVENUE OR GOODWILL, OR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS ARISING FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT.

NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE COMPANY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR ANY OTHER MATTER WHICH UNDER LAW MAY NOT BE LIMITED OR EXCLUDED. NO CLAIM MAY BE BROUGHT MORE THAN ONE MONTH AFTER THE LAST DATE ON WHICH THE SERVICES CONCERNED HAVE FINISHED OR CEASED TO BE PROVIDED BY US.

 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR LICENSOR, OFFICERS, DIRECTORS, EMPLOYEES, OTHER LICENSEE AND AGENTS HARMLESS FOR ANY LOSS, DAMAGE, OR CLAIM, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY CENTRAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS OR TERMS OF SERVICE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGE OR CLIAMS. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES ON THE PLATFORM.

 

UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, INCLUDING BUT NOT LIMITED TO THE INFORMATION, CONTENT, MATERIALS ON THE PLATFORM, OR ANY PART THEREOF. WHILE THE COMPANY SHALL TAKE REASONABLE PRECAUTIONS AGAINST SECURITY BREACHES, THE PLATFORM OR INTERNET TRANSMISSION IS NOT COMPLETELY SECURE, AND AS SUCH, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.

 

  1. Modification, Amendment & Termination

 

The Company may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Account apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

 

  1. Governing Law

 

These Terms of Services shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions, and any disputes relating to these Terms of Services and other Agreements will be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.

 

  1. Force Majeure

 

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease including Covid-19.

 

 

 

  1. Waiver & Severability

No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert any right or provision under Terms of Services shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Services will continue in full force and effect.

 

  1. Assignment

The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Services without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Services.

 

  1. General

 

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Platform shall be in writing and sent to the registered office of the Company. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

  1. Acknowledgement

 

BY USING THE PLATFORM OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

  1. Contact Us

 

Please send your feedback, comments, and requests for technical support by email: support@thetechdestiny.com

 

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of the Grievance Officer are provided below:

Name: Divyansh Kumar Nishad

Name of the Company: The Tech Destiny

Address: At/P.O./P.S.-Jagannathpur, West Singhbhum, Jharkhand-833203

Email: krdivyanshnishad@gmail.com