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”).
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.
- 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
- 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;
- detect, prevent, or otherwise address fraud, security, or technical issues;
- respond to User support requests; or
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.
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.
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
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
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 firstname.lastname@example.org 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.
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.
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.
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.
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 email@example.com 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.
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
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 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.
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 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:
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).
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.
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.
23) GRIEVANCE OFFICER AND CUSTOMER SUPPORT
Grievance Officer: Mr. Mohit Malani
Email Id: firstname.lastname@example.org
Address: Langston Apartments, Kharadi, Pune, Maharashtra – 41101