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Terms of Service

Base Camp Skill Labs Private Limited, a company incorporated and registered under the applicable laws in India with its registered office at Langston Apartments, Kharadi Pune India (hereinafter “Base Camp”, “we”, “our”, “Bluetick” or “us”) is building a web-based platform, Bluetick.AI, which offers curated and specially designed and scripted content including but not limited to Micro Experiences, Live Projects, online courses, flagship programs, learning pathways, Daily Challenges, workshops, modules live sessions, any other collateral content and other such content (hereinafter Services) made available from time to time aimed at strengthening foundational skills and building competencies geared towards achieving professional success through its website and Web application (collectively “Website”).

These Terms of Use along with the Privacy Policy, Cookie Policy as well as all other related rules and policies including but not limited to the usage provisions specified on any service detail page or on any help or other informational page on the Website updated from time to time (collectively referred as “Terms of Use”) govern the use of Services of Bluetick.

 

1) APPLICABILITY & ACCEPTANCE OF TERMS OF USE

Any person by using the Services or visiting or browsing the Website of Bluetick including (hereinafter USER, YOU, YOURS) agrees to be bound by the Terms of Use. If you do not agree or are not willing to be bound by the Terms of Use, please do not use any of the Services of Bluetick or click on the “check box” and on the “Submit/Agree” button, and do not seek to obtain access to or otherwise use the Website. By checking our acceptance boxes, clicking any acceptance buttons, submitting any text, or simply making any use of the Website, you:

accept the terms of use and agree to be bound by each of its terms, and represent and warrant to Bluetick that:

  • (i) you are of legal age in your country of residence and these Terms of Use are binding and enforceable against you; If you are under the age of 18 (eighteen) years or under the legal age in your country of residence you may only browse the Website or utilize the Services under the guidance and supervision of your parents/legal guardians. It is assumed that any person under the age of 18 (eighteen) years has obtained the consent of the legal guardian or parents before using our Services and such use is made available by the legal guardian or parents while using our Services. Bluetick will not be responsible for any consequence that arises as a result of any such unauthorized use of our Services by underage persons.
  • to the extent an individual is accepting these Terms of Use on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;
  • If a User intends to use the Website on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of these Terms of Use, including all rules and restrictions applicable thereto; and
  • you are solely responsible for ensuring that you are in compliance with all laws, rules, and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

 

2) SERVICES

The Services offered by Bluetick and the Content (as defined hereinafter) available on its Website are the property of Bluetick or its licensors. Bluetick hereby grants you a non-transferable, non-exclusive, revocable, and limited license to access and use Bluetick’s Website solely for the purpose of availing Services during the applicable subscription period.

Bluetick may, from time to time, update or modify the Website, and release new versions of the content on the Website, which may, at Bluetick’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer or assign any of your rights and/or obligations hereunder including, without limitation, access to the Website. Subject to these Terms of Use, Bluetick may offer to provide the Services, solely for your personal and non-commercial use, and not for the use or benefit of any third party. The definition of “non-commercial and personal use” includes but is not limited to:

  • the sale or rental of (a) any part of the Content, (b) any derivative works based at least in part on the Content, or (c) any collective work that includes any part of the Content;
  • the sale of access or a link to any part of the Content;
  • providing training, support, or editorial services that use or reference the Content in exchange for a fee; or the use of Content for display/upload/making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.

 

3) USE OF THE WEBSITE

You agree that your use of the Website shall be in accordance with applicable laws. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activities in connection with the provision of Services. However, Bluetick reserves the right to:

  • remove, suspend, edit, modify or discontinue any Content in its sole discretion, including without limitation any User Content (as defined hereinafter) at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Bluetick is concerned that you may have violated these Terms of Use), or for no reason at all; and
  • to remove, suspend or block any User Content from the Website. You agree that Bluetick shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Bluetick also reserves the right to access, read, preserve, and disclose any information as Bluetick reasonably believes is necessary to:
  • comply with any applicable law, regulation, legal process or governmental request;
  • enforce these Terms of Use, including investigation of potential violations hereof;
  • detect, prevent, or otherwise address fraud, security, or technical issues;
  • respond to User support requests; or
  • protect the rights, property, or safety of Bluetick, its Users, and the public. Provided that nothing in these Terms of Use shall be construed to obligate Bluetick to maintain and support the Content or any part or portion thereof or any associated Services.

The User shall not use this Website to advertise or perform any commercial, religious, political, or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website to become Users of other on or offline services directly or indirectly competitive or potentially competitive with Bluetick.
Unlawful Or Prohibited Use – As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification, or circular issued by any local or governmental body in India, or these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden, impair or violate the security of the Website, or interfere with any other party’s use and enjoyment of the Services. Violation of the system or network security may result in civil or criminal liability. Pursuant to the same, the User is prohibited from carrying out the following activities:

  • obtaining or attempting to obtain any materials or information through any means not made available through the Services;
  • accessing or attempting to access data, Services, Content, computer systems, or networks connected to any Bluetick server, not intended for such User or logging onto a server or an account that the User is not authorized to access through any means including hacking, password mining, etc.;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
  • sending unsolicited emails, SMSs, WhatsApp calls, and messages, including promotions and/or advertising of products or services;
  • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Bluetick does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations. Accessing the Website and availing the Services from territories where the Content, the Services, or functionality of the Website or any portions thereof is illegal, is expressly prohibited.

The user also authorizes Bluetick’s representative to contact such a user over phone, message, and email. This consent shall supersede any preferences set by such User through the national customer preference register (NCPR) or any other similar preferences.

 

4) REGISTRATION

You may browse the Website and view certain content without registering, but as a condition to accessing the Website, you are required to register with Bluetick by creating an account on the Website (“Account”). You represent, warrant, and covenant that you provide Bluetick with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address, and a password /OTP that you will use to access the Website.

All Users shall be solely responsible and liable for all activity that occurs on your Account and for protecting the confidentiality of the User’s password(s) and User Name. You agree to notify Bluetick immediately in writing of any unauthorized use of your Account or any other related breach of security of which you are aware.

You shall not:

  • create any Account for anyone other than yourself without such person’s prior written permission;
  • use a User Name that is the name of another person with the intent to impersonate that person or use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization;
  • create, use and/or access multiple Accounts;
  • divulge or share access to your User Account with any third party for any reason; or
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene, or otherwise unlawful.

Bluetick reserves the right to refuse registration of, disable or cancel a User Name at its sole discretion. You shall be responsible for restricting access to your mobile phone/computer to prevent unauthorized access to your Account. Any conduct by a User that in Bluetick’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited.

 

5) MEMBERSHIP/SUBSCRIPTION AND USE OF SERVICES

In order to access/avail of some of the Content available / Services offered on Bluetick’s Website, Users are required to subscribe to the Website/ purchase the Subscription by paying applicable Fees(“Subscription Fees”). The subscribed content will be available generally through the duration of the Subscription but may become unavailable due to potential licensing restrictions or for any other reasons. In all such scenarios, Bluetick will not be liable to you in any manner whatsoever.

The Services will be available only during the subsistence of the subscription period. Post the end of the such an ongoing subscription period, in case you do not cancel the subscription, it shall be renewed automatically using the payment method provided by you.

It is the responsibility of the User to evaluate the suitability and relevance of the Content available before purchasing the Subscription. The subscription is non-transferable.

Bluetick may at its sole discretion introduce new services and modify some or all of the existing Services offered, cancel, suspend or discontinue any subscription plan, or alter, or rearrange the Services and the content therein. In such an event Bluetick reserves the right to introduce fees for the new Services offered or amend the Subscription Fees for existing Services, as the case may be. In case you do not agree to the price change, you may unsubscribe to the paid subscription prior to the change in price taking into effect.

 

6) PAYMENT, CANCELLATION, AND REFUND

PAYMENT

The User may pay the Subscription Fees and Individual Module’s fee which is inclusive of GST, or any other such fee, by using valid and accepted payment gateway services available on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. All payments done are refundable within 10 days of payment and post which refund is at Buetick management’s discretion.

To make payment of modes, express or coses, and any other fees as Bluetick may introduce, you must have internet access, an Account on the Website, and a current valid accepted payment method as shall be specified by Bluetick. Bluetick does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Bluetick’s third-party payment provider stores any such information, Bluetick will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Bluetick is in no way liable for any such losses and is neither responsible to reimburse/make good such losses in any manner whatsoever.

You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Bluetick does not support all payment methods, currencies, or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

Upon payment of the Fees in whole, Bluetick shall grant you access to the Content for the Subscription period. An invoice will be provided to you along with the email confirmation. This shall be proof of delivery against the successful payment of Fees.

 

7) FREE ACCESS

Bluetick reserves its right to provide free of cost access to some or all of its services/content including but not limited to introduction lesson of all pathways, today’s section assessment, etc. The user understands that Bluetick may at its sole discretion discontinue access to all such free content/service without giving any prior intimation or assigning any reason thereof.

 

8) B2B Specific Terms

All B2B Clients and their learners shall be bound by this Terms of Use unless otherwise expressly mentioned herein. The Terms of Use are to be read together with the Master Service Agreement entered into with B2B User.

B2B Users and their learners can access the content by logging in with the login id and password provided by Bluetick pursuant to a Master Service Agreement. Such learners undertake that in no event the login id is shared with any third party. In case Bluetick becomes aware of such unauthorized usage, it will forthwith cancel the entity’s license.

Once purchased no refund is applicable for services availed by B2B entities and their learners. For cancellation, the learners can reach out to help@bluetick.ai In no event shall cancellation make the B2B entity/its learners eligible for any refund unless otherwise agreed by Bluetick.

In no case shall Bluetick be liable for the non-utilization of services once purchased by the User for any reason whatsoever.

 

9) CONTENT

All content present on this Website (“Content”) is the exclusive property of Bluetick and/or licensed to Bluetick. The software, text, images, graphics, video, and audio used on this Website belong to Bluetick. No material from this Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted, or distributed in any form without prior written permission from Bluetick, except the non-exclusive, non-transferable, limited permission granted by Bluetick to you to access and display the web pages within this Website, solely on your computer and for your personal, non-commercial use of this Website. This permission is conditioned on:

  • you are not modifying the content displayed on the Website,
  • your keeping intact all copyright, trademark, and other proprietary notices,
  • your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Website, you are agreeing to acknowledge Bluetick as the source, citing the uniform resource locator (“URL”) of the page from which the information has been taken.
  • You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any, recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Bluetick on or through the Website. Content added, created, uploaded, submitted, distributed, posted, or otherwise obtained through the Website by Users, is collectively referred to as, “User Content”.

 

10) ELECTRONIC COMMUNICATIONS

When you use the Website or send an email or other data, information, or communication to Bluetick, you agree and understand that you are communicating with Bluetick through electronic records and you consent to receive communications via electronic records from Bluetick periodically and as and when required. Bluetick will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.

 

11) CERTIFICATION & ACKNOWLEDGEMENT

Bluetick may offer an acknowledgment, credential, or certification for Users who successfully utilize/complete the respective Service. The decision to award any credential or acknowledgment to a specific User, and the format of any such certificate, shall be solely at the discretion of Bluetick. The User acknowledges that such certification is not affiliated with any educational institution and is not intended to convey academic merit or count towards academic credits of any educational institution. Bluetick, the instructors, and the associated participating institutions have no obligation to have recognized by any educational institution or accreditation organization.

 

12) EQUIPMENT

The User shall be exclusively responsible for obtaining and maintaining all telephone, computer hardware, software, and other ancillary equipment needed for access to and use of this Website and all charges related thereto, and for ensuring that such equipment is compatible with the Website and Services. Bluetick shall not be liable for any damages to the User’s equipment resulting from the use of this Website.

 

13) INTELLECTUAL PROPERTY AND OWNERSHIP

Bluetick or its licensor is the sole owner of all the Content available on the Website including but not limited to any proprietary marks, logos, copyrights, trademarks, brand name “Bluetick”, brand name “Micro Experience”, source code, object code, software, audio or video clips, images and other intellectual property rights related thereto or included therein except any/all User Content. All suggestions, recommendations, bug fixes, error fixes, or other communications from you to Bluetick regarding the Website shall, upon submission to Bluetick, be owned solely and exclusively by Bluetick.

Except where it is indicated otherwise, you shall not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation, style, or organization. You shall not resell, reproduce, publish, re-transmit, distribute, commercially exploit or create derivate works of the Services thereof. You are prohibited to, modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

We reserve the right to suspend, disable, or terminate the Accounts which are found repeatedly infringing upon the intellectual property rights of Bluetick or any other third party. If you believe in good faith that Content on the website infringes your or any other party’s copyrights, please provide us with a written notice at help@bluetick.ai requesting that the material be removed or access to it blocked and we shall review your complaint. The notice must include the following information:

  • Clear identification of such copyrighted work that you claim has been infringed;
  • Location of the material on the Website, including but not limited to the link of the infringing material;
  • The proof that the alleged copyrighted work is owned by you or the third party, as the case may be; and
  • Contact information.

 

14) SECURITY AND UNAVAILABILITY OF WEBSITE

Bluetick adopts the best industry standard to secure the information as provided by the User. However, Bluetick cannot guarantee that there will never be any security breach of its systems which may have an impact on Users’ information too.

Bluetick keeps all the data in relation to credit cards, debit cards, bank information, etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance), etc., Bluetick may at times verify certain information of its Users like their credit score, as and when required.

You understand and acknowledge that due to circumstances both within and outside the control of Bluetick, access to the Website may be interrupted, suspended, or terminated from time to time. In particular, and not in limitation of the foregoing, Bluetick shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that Bluetick shall not be liable for any damages arising from any such interruption, suspension, or termination of the website and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the website.

Bluetick shall make all reasonable efforts for the provision of uninterrupted service subject to downtime and regular maintenance. However, notwithstanding anything in these Terms of Use, you acknowledge that the services may not be uninterrupted or error-free, or free from any virus or other malicious, destructive, or corrupting code, program, or macro and Bluetick disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose. Although Bluetick adopts security measures it considers appropriate for the offer of the Services and the payment gateway mechanism, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or your data. Bluetick shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition, you agree that Bluetick shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption, or stoppage to your access to and/or use of the payment gateway services. Bluetick’s sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavors to restore the Services and/or access to the payment gateway services as soon as reasonably possible.

 

15) ADVERTISERS AND THIRD-PARTY LINKS/ WEBSITES

We use and/or may hereafter use external links or third-party service providers to serve ads on our behalf across the Internet and sometimes on this Website. We also use third-party service providers such as Google, Facebook, and LinkedIn on the Website for tracking user behavior for marketing purposes, for provision of embedded services, etc. They may collect anonymous information about your visits to our Website, and your interaction with our products and Services. They may also use information about your visits to this and other websites to target advertisements for goods and services. The user understands that Bluetick does not control such websites and is not responsible for its content or any error, omission, or representation on part of such third party service providers. The availability of such Linked Sites does not constitute any form of recommendation, advice, endorsement, or publication of any such Linked Sites. Bluetick cannot guarantee that such third-party content, in the Services or elsewhere, will be free of malware or other contaminants that may harm your computer, mobile device, or any files therein.

 

16) BREACH AND SUSPENSION OF SERVICES

We may at our sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend your Account and/or access to the Services, Website, and Content therein (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms of Use, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Services shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

Without limiting other remedies, Bluetick may without liability, limit your activity, immediately remove your personal information or User Content, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event and remove any non-compliant personal information or User Content, but not limited to:

  • If you breach these Terms of Use and the Privacy Policy;
  • If Bluetick is unable to verify or authenticate any information you provide;
  • If you fail to reasonably cooperate in any investigation by us;
  • If it is believed that your actions may cause legal liability for you, other Users, or Bluetick; and
  • If Bluetick believes that you have breached any applicable law.

A User that has been suspended or blocked may not register or attempt to register with Bluetick or use the Website in any manner whatsoever until such time that such User is reinstated by Bluetick. Notwithstanding the foregoing, if you breach the Terms of Use or the documents it incorporates by reference, use the Website fraudulently or commit any other unlawful acts or omissions, Bluetick reserves the right to recover any amounts due and owing by you to Bluetick and to take strict legal action against you including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. Bluetick further reserves the right to recover the cost of Service(s), collection charges, and lawyer’s fees from persons using the Website fraudulently.

 

17) TERMINATION

These Terms of Use shall remain in full force and effect during your use or access of the Services and the Website or till the date your Account is terminated, whichever is later.

Bluetick may terminate your access to all or any part of the Services, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all personal information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Website. Any fees, including the Subscription Fees paid hereunder, are refundable only as per the terms and conditions of our refund policy as available on the Website. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property, and Ownership, Warranty Disclaimer, Indemnity, and Limitations of Liability.

 

18) WARRANTY DISCLAIMER

The Website, Services, and Content are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

Save to the extent required by applicable law, Bluetick has no special relationship with or fiduciary duty to you. You acknowledge that Bluetick has no control over, and no duty to take any action regarding which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You understand that Bluetick has no obligations to verify the original documents submitted by a User and has assumed that the same is true, correct, and complete in all respects

You release Bluetick from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate. Bluetick makes no representations concerning any Content contained in or accessed through the Services, and Bluetick will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.

Bluetick makes no representation or warranty, express or implied that/regarding:

  • the Website will meet your requirements.
  • the Website will be available on an uninterrupted, timely, secure, or error-free basis;
  • the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable.
  • any third-party data provided to Bluetick or its transmission, timeliness, accuracy, or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Bluetick will not be liable in any way to you or to any other person for any inaccuracy, error, or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance, or (c) interruption in any such third party data due either to any negligent act or omission by Bluetick or “force majeure” or any other cause beyond the control of Bluetick.
  • Conduct of Users or any third party in connection with the Services; the veracity of any information Users provide; any communications or meetings with Users or persons the Users may otherwise meet through the Services including any personal meetings that Users may have with each other.

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of the above including, without limitation, bodily injury, emotional distress, and any damages. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements.

Bluetick and its shareholders, directors, employees, agents, representatives, suppliers, partners, and content providers do not warrant that:

  • the Services will be secure or available at any particular time or location;
  • any defects or errors will be corrected;
  • any content or software available at or through the Services is free of viruses or other harmful components; or
  • the results of using the Services will meet your requirements.
  • Your use of the Website, Services, Content, and the add-to link is solely at your own initiative and risk and you are solely liable for compliance with all applicable laws. Some states/countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
    No advice or information, whether oral or written, obtained by any User through or from the services shall create any warranty not expressly stated herein.
    Bluetick shall not be responsible for the delay or inability to use the Services, the provision of or failure to provide Services, or for any information, software, Services, and related graphics obtained or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, Bluetick shall not be held responsible for the non-availability of the Services and/or the Website during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Services is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties, and exclusions apply without regard to whether the damages arise from:
  • breach of contract,
  • breach of warranty,
  • negligence, or
  • any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

All details of the Users of the Website included in or available through this Website are provided for use without warranties of any kind, either express or implied. Bluetick, its shareholders, its holding company, its subsidiaries, and its licensors do not warrant that the information or other material which is placed on the website by any person is correct. Your use of the Website is solely at your risk. You agree that Bluetick shall have no responsibility for any damages suffered by you in connection with the use of the Website or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of the Website.

 

19) LIMITATION OF LIABILITY

Bluetick shall not be responsible for any act or omission which could be attributable to a default of any other person over which Bluetick does not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client.

Bluetick’s liability to the User on the Website and for any other claim arising in connection with this defect shall be limited to the correction or repair of such breach or defect or the replacement of the defective or non-conforming portion of the Website. The remedies provided in this clause shall be the Users’ sole and exclusive remedies for any and all claims arising in connection with the Terms of Use made or suffered by the User or other party whether under contract or other legal theory.

Bluetick’s liability in any circumstance is limited to the amount of Fees, if any, paid by you to Bluetick. Bluetick, its associates, affiliates and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website. Consequently, Bluetick assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website which is incorporated by way of reference in these Terms of Use;

Any interruption or errors in the operation of the Website. You expressly understand and agree that Bluetick shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Bluetick has been advised of the possibility of such damages).

In no event shall Bluetick, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for special, exemplary, incidental, consequential, punitive or tort damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with these Terms of Use, including without limitation any such damages arising out of or in connection with the use of the Services and the Website or any linked site, whether or not Bluetick or its licensors have been advised of the possibility of such damages. Bluetick uses its best endeavors to ensure the confidentiality and secrecy of user information and authorization. If the authorization code has been lost, misplaced, or revealed to another person, Bluetick should be immediately intimated in writing of the same, failing which, you may be liable for the following consequences: (i) Honouring any instruction given through your account using your authorization or identification code; (ii) Any alteration, deletion or dissemination of your confidential information about you in the account/profile maintained by you on the Website; and; (iii) Any unlawful act or authorization carried out using the stolen identification and authorization codes.

Once intimated to Bluetick in writing, Bluetick will utilize all methods at its disposal to control the damage at the earliest. Bluetick shall not be liable for any loss or damage arising out of or in connection with:

  • any error or inaccuracy in the data entered by you or any other User; and
  • any negligence, breach of contract, misrepresentation or willful misconduct of the User.

 

20) FORCE MAJURE

Bluetick shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, pandemic, civil unrest or riots, power outage, and/or unusually severe weather.

 

21) INDEMNIFICATION

You shall defend, indemnify, and hold harmless Bluetick, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to (i) your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Content, (ii) violation of these Terms of Use and/or Privacy Policy, (iii) infringement by you, or any third party using the your Account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Bluetick), (iv) breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use, or (v) violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. Bluetick reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Bluetick in asserting any available defenses. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to you under these Terms of Use. Further, you hereby agree that all payments with respect to refunds and chargebacks shall be your sole responsibility and Bluetick shall not be liable for any claims, disputes, or penalties which may arise in connection with such refunds or chargebacks. You agree to indemnify Bluetick in respect of any claims, disputes, penalties, costs, and expenses arising directly in relation to refunds or chargebacks for all transactions initiated and instructed through the Website.

This clause shall survive the expiry or termination of these Terms of Use.

 

22) MISCELLANEOUS

Governing law and Dispute Resolution- These Terms of Use contained herein shall be governed by and construed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.. Notwithstanding the foregoing, Bluetick may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Services to infringe any third party’s intellectual property rights.

Modification- Bluetick reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the addition of certain fees or charges, in addition to the Subscription Fees, the availability of any feature, database, or Content) at any time by posting a notice on the Website. We suggest to you, therefore, that you read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and you continue to use our Website and/or Services, you are implicitly agreeing to the amended Terms of Use and Privacy Policy and we shall not be liable for any loss suffered by you on your failure to review such revised Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Bluetick posting the same thereof.

Independent Parties- You and Bluetick are independent contractors, and nothing in these Terms of Use will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These Terms of Use will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties to these Terms of Use any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions herein are intended to be and are for the sole and exclusive benefit of Bluetick and the Users.

Assignability- The Website may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms of Use to any other party, unless written consent is taken from Bluetick.

Severability- If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

Waiver- Failure by the Website to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

confidentiality- During the course of your use of our Services and access to the Content, you may receive information relating to us or to our Services, that is not known to the general public (“Confidential Information”). Such information shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.

Interpretation- In these Terms of Use, headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of these Terms of Use; any reference in these Terms of Use to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of these Terms of Use; and any reference to a time limit in these Terms of Use means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

Privacy policy- By using the Service and/ or by providing your Information, you consent to the collection and use of the personal information you disclose on the Service by Bluetick in accordance with Bluetick’s Privacy Policy.

 

23) GRIEVANCE OFFICER AND CUSTOMER SUPPORT

In the event you wish to make a complaint regarding any violation of the provisions of these Terms of Use, you may send a written complaint to the undersigned Grievance Officer, who shall redress the complaint within 1 (one) month. If you have any questions regarding the Services or the Website or in relation to these Terms of Use or the Privacy Policy, or if you want to exercise any of your rights under these Terms of Use, you can contact us at help@bluetick.ai.

Grievance Officer: Mr. Mohit Malani 

Email Id: help@bluetick.ai

Address:  Langston Apartments, Kharadi, Pune, Maharashtra – 41101