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Terms of use
TERMS OF USE
Last updated on: Jan 16, 2017
PLEASE READ THESE GENERAL TERMS AND CONDITIONS (THE “TERMS OF USE”) CAREFULLY BEFORE ACCESSING ANY SERVICES MADE AVAILABLE BY http://nurtr.com/ (“SITE”). BY ACCESSING, USING OR SIGNING UP ON THE SITE, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE. YOU AGREE THAT THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THOUGHT ROOTS INDIA PRIVATE LIMITED, A PRIVATE LIMITED COMPANY, HAVING ITS CORPORATE OFFICE AT Vatika Business Center, FirstFloor, Block Two, Vatika Business Park, Sector 49, Gurgaon 122 018 ("NURTR").IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITE,OR ANY OTHER SERVICES AND FEATURES. THE PARTICIPATING INSTRUCTORS ARE THIRD PARTY BENEFICIARIES OF THE AGREEMENT AND MAY ENFORCE THOSE PROVISIONS THAT RELATE TO THE PARTICIPATING INSTRUCTORS.
In these Terms of Use, references to"you" and "your" shall mean the person or entity that accepts these Terms of Use enabling them to use this Site."We", "Us", "Our" shall mean "Nurtr".
BY USING THIS SITE YOU AGREE AS FOLLOWS:
1) Introduction:
These Terms of Use are subject to change from time to time at Our sole discretion, and any changes will be effective immediately upon posting on the Site. You are responsible for regularly reviewing these Terms of Use so that You will be apprised of any changes. You can determine when these Terms of Use were last revised by referring to the [“LAST UPDATED”] legend at the top of these Terms of Use. Your continued use of the Site after such changes will indicate Your acceptance of such revised Terms of Use. We are committed to providing quality content to Our visitors and encourage You to contact Us about these Terms of Use at hello@nurtr.com.
To understand what Nurtr’s services are and who can use them please read more at http://nurtr.com.
2) Content on the Site:
Nurtr advices You to seek the personal guidance of a professional, which should not be delayed or disregarded. The information available on this Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs,logos, audio or video clips, and data (collectively “Content”) is not a substitute for any type of professional advice. Nurtr does not certify or endorse the Content on this Site, including without limitation any opinion, recommendation, advice, or any other information contained in the Content.
3) WHO ARE ELIGIBLE TO USE OUR SERVICES?
This Site is intended solely for users who are 13 (thirteen) years of age or older, and users of the Site under 18 (eighteen) who are currently in high school or college will require parental consent. Any registration by, use of or access to the Site, by anyone under the age of 13, or by anyone who is under 18 and does not have parental consent, is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Site, you represent and warrant that you are 13 or older and in high school or college and have received parental consent, or else that you are18 or older, and that You agree to and to abide by all of the terms and conditions of this Agreement.
4) WHAT CONTROL DO I HAVE OVER MY USE OF THE SERVICES?
You may control Your profile and how You interact with the Services by changing the settings in settings page of Your profile. By providing Your email address and mobile number to Us, You consent to Our using the email address and mobile number to send You Services-related notices, including any required legal notices and other messages, such as additions or changes to the Services and/or notices of product offers. You may opt out or change Your preferences in Your settings page. While we need Your email address and mobile number to send You important Services-related notices, You can always ask us to stop sending you certain marketing messages. Opting out may prevent You from receiving email/text-messages regarding updates, improvements, or offers.
5) RESTRICTED USES
You have read, understood, and agree to be bound by the pricing before using the Site or the Services or registering for a Course.
You are over the age of 13(thirteen) and You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchaseCourses.
Please don’t do anything to harm our product or try to hack our Site or Services.Specifically, by using the Site and the Services, You agree not to do any of these things: (i) Using the Site or Service for any purpose in violation of local,state, national, or international laws; (ii) Providing false information on your registration form or impersonating any person/entity; (iii) Posting material that infringes on the intellectual property rights or the privacy or publicity rights of others; (iv) Posting or transmitting any information, data, text,files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another’s privacy,harassing, defamatory, slanderous, vulgar, obscene, hateful, racist,embarrassing or otherwise objectionable to any other person or entity as determined by Nurtr/ nurtr.com in its sole discretion; (v) Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junkmail," "Spam," "chain letters," or any unsolicited mass distribution of email; (vi) Posting surveys, contests, or pyramid schemes; (vii) Posting improper questions or answers that are not related to the particular topic; (viii) Stalking,harassing, or otherwise harming others; (ix) Usage of Nurtr or any participating instructor’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (x) Engaging in any other conduct that inhibits any other person from using or enjoying the Q&A Service or the Site; (xi) Engaging in any other behaviour on the Site, which in Nurtr’s sole discretion is unacceptable; (xii)use any automated system, including but not limited to “robots,” “spiders,”“offline readers,” etc., to access the Services in a manner that sends more request messages to the Nurtr servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (xiii) copy,distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”; (xiv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (xv) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (xvi) upload invalid data, viruses, worms, or other software agents through the Services; (xvii) collect or harvest any third-party personally identifiable information, including account names or Student Data(as defined below), from the Services; (xviii) use the Services for any commercial solicitation purposes; (xix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud,hiding or attempting to hide your identity; (xx) interfere with the proper working of the Services; (xxi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or(xxii) bypass the measures we use to prevent or restrict access to theServices, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.
You are fully responsible for Your interactions with other Users, and we have no liability for Your interactions with any other Users, or for any User’s actions or inactions with respect to You.
6) USE OF YOUR PERSONAL INFORMATION
This clause explains that we will use Your personal information only in accordance with Our PrivacyPolicy.
These Terms and Conditions incorporateOur Privacy Policy which describes (amongst other things) how we will use any personal information collected from the Site. For more information, please seeOur full Privacy Policy available at [●].
Member accounts, passwords and security
This clause explains how we endeavour to protect Your personal information as well as Your responsibility to look after Your account password and for activities that occur under your password and account.
The Internet is not a secure medium. However, Nurtr will endeavour to protect all personal information collected through the Site in accordance with appropriate data protection standards.
The registration processes on the Site may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a)immediately notify Nurtr of any unauthorised use of Your password or account and any other breach of security, and (b) ensure that You logout from Your account at the end of each session. Nurtr cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.
7) NURTR CONTENT
The Website/App is protected by applicable law. The contents of this Website/App, including, but not limited to, text, names, data,compilations, graphics, logos, buttons, icons, images, audio, video, code,methods, techniques, models and software, are the property of Nurtr or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of India and/or other countries.
8) PROPRIETARY RIGHTS
Nurtr or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs, resources, and all copyrights, trademarks and other intellectual property or proprietary rights contained on, available through, or used in connection with the Site. You agree not to copy, distribute, modify or make derivative works of any materials shown on or available through the Website without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms ofUse, no license is granted to You and no rights are conveyed by virtue of accessing or using the Website/App. All rights not expressly granted under these Terms of Use are reserved by Nurtr and its licensors.
1) ACCEPTANCE/CONSENT ELECTRONICALLY:
By usingOur Services or communicating with Nurtr , You agree that Nurtr may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms of Use.
2) DISCLAIMERS & LIMITATION OFLIABILITY:
Nurtr endeavours to keep all of its information resources accurate and up to date, but makes no warranties or representations regarding the accuracy or completeness of such content. All users agree that all access and use of the Site and externally-linked pages are at the user's own risk.
FOR THE AVOIDANCE OF DOUBT, THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND NEITHER NURTR NORANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, LICENSORS,BUSINESS PARTNERS OR AGENTS (COLLECTIVELY, THE “DISCLAIMING PARTIES”), MAKES ANY REPRESENTATIONS OR WARRANTIES OFANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DISCLAIMING PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE DISCLAIMING PARTIES WARRANTS THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF THE DISCLAIMING PARTIES SHALL BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
NEITHER THE DISCLAIMING PARTIES NOR ANY OTHER PARTY INVOLVED IN THE CREATION OR DELIVERY OF THE SITE SHALL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES,INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR OTHER LOST OPPORTUNITIES (EACH OF WHICH IS HEREBY EXCLUDED), OR THOSE THAT MAY RESULT FROM(I) THE INACCURACY, INCOMPLETENESS OR CONTENT OF, OR SERVICES AVAILABLE THROUGH, THE SITE OR ANY SITES LINKED TO THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, (III) ANY UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY DATA STORED THEREIN, OR (IV) ANY VIRUSES, MALWARE OR THE LIKE TRANSMITTED FROM THE SITEOR ANY THIRD PARTY SITE, REGARDLESS OF WHETHER THE DISCLAIMING PARTIES OR ANY SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO YOUR ACCESS, USE, OR INABILITY TO USE THE SITE, OR ANY INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE (INCLUDING, BUT NOT LIMITED TO,ITS CONTENT). YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE ARISING OUT OF YOUR USE AND/OR ACCESS OF THE SITE. YOU AGREE THAT IN NO EVENT SHALL THE DISCLAIMING PARTIES’ AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID NURTR FOR USE OF THE SITE OR FOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Any Nurtr Service for which a separate fee is charged carries with it only the representations and warranties specifically stated as attributable to that product or service, and, except as may be otherwise stated in writing on theWebsite, the purchase of any such product or service is non-refundable.
3) INDEMNITY:
You agree to defend, indemnify and hold harmless Nurtr, its officers, directors, employees, affiliates,licensors, business partners and agents, from and against any and all claims,damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising out of or related to: (i) any breach byYou of any of these Terms of Use; (ii) Your User Content; (iii) Your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by Nurtr);or (iv) a violation by You of applicable law or any agreement or terms with a third party to which You are subject.
4) TERMINATION:
Nurtr may suspend or terminate Your use of the Website/App any Service if it believes, in its sole and absolute discretion that You have breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Upon any termination of this Agreement, the rights and licenses granted hereunder will automatically terminate, and you may not continue to use the Service. Nurtr will have no liability for any costs, losses, damages, or liabilities arising out of or related to Nurtr’s termination of this Agreement.
5) SEVERABILITY :
If any provision of the Terms of Use is found by a court or other binding authority to be invalid, You agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.
6) GOVERNING LAW:
The laws of the India, shall govern these Terms of Use, regardless of Your location. You hereby expressly consent to exclusive jurisdiction and venue located in , Delhi, India, for all matters or disputes arising out of or relating to these Terms of Use or your access or use of the Website.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OFUSE OR YOUR USE OF THE WEBSITE/APP MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAROF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
7) SUCCESSORS AND ASSIGNS; THIRD PARTY BENEFICIARIES
These Terms of Use are non-assignable and non-transferrable by You without the prior written consent of Nurtr. Subject to the foregoing, theseTerms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. Except as expressly provided otherwise herein, there shall be no third party beneficiaries to these Terms of Use.