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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.
Welcome to ROBOSMART LABS PRIVATE LIMITED website. RSL operates a website (URL: https:// www.robosmartlabs.com/) which is engaged in the service of online tutoring of computer programming, robotics and AI Coding.
You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Site and Sub-Sites.
By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.
Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users” for the purposes of these Terms shall be read as You and/ or Child. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
You expressly acknowledge and undertake that:
a. You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
b. You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Platform and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
You or the Child may establish a link to one or more site(s), provided that:
A. the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
B. such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
C. the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
D. the link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any of its contents; and
E. framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL. The Company may withdraw your or the Child’s right to link to any site without notice and at any time (acting in our sole discretion). Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.
a. it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
b. it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
c. it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
d. it prejudices any active or pending legal proceedings of which You are aware;
e. it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
f. it infringes any intellectual property rights proprietary to the Company or any third party;
g. it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
h. it advertises or promotes any product or service or makes any requests for donations or financial support;
i. it is spam or junk content;
j. it impersonates another person or otherwise misrepresents your identity, affiliation or status;
k. it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
l. it is in breach of these Terms and/or of any Additional Terms.
The Company will not be held responsible or liable for any of the User content provided by You on the Company website. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website.
You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Company on its Platform to the extent required to improve the services offered by the Company.
All rights, ownership, and intellectual property in the ‘User Content’ created by your child on or by using the platform, during the period of the tutorial classes or the course, shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.
You and your child undertake to use the Company’s platform and intellectual property for only the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your child use the Company’s platform or intellectual property with any third party’s intellectual property in any manner, then you and your child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you and your child use the Company’s platform and intellectual property beyond the limited rights granted to you and your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the company for all losses, claims and damages in this regard.
You and your child will be solely responsible to ensure that any content or intellectual property created by the child shall not contain any bugs, virus and malware or infringe any third party’s intellectual property rights or violate any applicable laws (including data protection and privacy laws) in any manner.
By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that:
you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit
your User Content does not and will not o i nfringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right o slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person
your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Any application, code or content created using the Company’s platform are intended to be used solely as prototypes and for evaluation of validity and practicability of ideas. All such applications, codes and/or content may be solely created for educational purposes and gathering feedback by the students and are in no way fit for or meant to be used for any commercial use. Any other use of such apps, codes or content, other than the use specified herein is prohibited by the Company and the Company shall not be liable for the same and you and your child shall indemnify the company for any loss, claims or damages suffered by the Company in this regard.
Notwithstanding any other provision of these Terms You agree and undertake not to:
a. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
b. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
c. Create software which mimics any data or functionality in the Service;
d. Use or deal in the Service except as permitted by these Terms;
e. Include contact details intended to enable communication outside of the Service, in any Communication;
f. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
g. Make any public, business or commercial use of the Service or any part of them;
h. Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
i. Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
j. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
k. Delete or obscure any copyright or other proprietary notice on the Service. The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer's random access memory for the purpose of identifying said unauthorized third-party programs.
You are held personally liable for any violation of a third party's rights by You and your Child. You agree to reimburse Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of Company legal defence, including all court and legal fees. This condition does not apply if the you are not responsible for the infringement.
Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform.
You agree and understand that Company does not states or claims any warranty for the quality of lectures delivered by the tutors listed on our Platform.
The Company undertakes the scrutiny of the curriculum delivered by the tutors however, the Company does always not guarantee the quality of lessons delivered to the Child. At any instance of live interactive classes, if the tutor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform the Company at the contact provided below in Clause 26. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance. Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of tutor and it shall be the your responsibility to closely monitor the activities of your Child while accessing the Platform.
In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third- party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
The Company facilitates educational and informational on an "as is" basis and is liable only to provide its services with reasonable skill and care.
The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.
External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own risk. “External Sites“ means third party websites and online services to which the Service links. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:
A. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
B. the accuracy, currency or validity of information and material contained within any communications or the Service;
C. any interruptions to or delays in updating the Service;
D. any incorrect or inaccurate information on the Service;
E. the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
F. the availability, quality, content or nature of External Sites;
G. any transaction involving External Sites;
H. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Company); and
I. all representations, warranties, conditions and other terms and conditions which but for this notice would have an effect
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.
Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.
You may also terminate your agreement with the Company by ceasing to access the Platform, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.
The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Jaipur shall have exclusive jurisdiction.
Without any prejudice to particulars listed in Clause 26 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
This Agreement, along with the Privacy Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Platform constitutes the entire agreement governing your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.
If you have any questions about these Terms, please contact us by email or postal mail on the following address:
Name: RoboSmart Labs Private Limited
E-mail id: info@robosmartlabs.com
Address: 87-88, Vivek Vihar, Opp Dainik Bhasker HO, near Vidyashram School, Off JLN Marg, Jaipur 302015