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Terms of Service

 

INTRODUCTION

These Terms of Service (“Terms”) are made to govern the use of the services provided by Rama Digital Solutions OPC Pvt. Ltd. and Datacouch Pvt. Ltd aka “DataCouch” (Hereinafter referred to as “company” “we”, “us”, or “our’) through our websites: https://datacouch.io/ and https://learning.datacouch.io/ (our learning management system) (collectively hereinafter referred to as the “Website” “Websites”, or “Website(s)”) available to our customers (“client”, “user “,”you “, or “your”). These Terms are applicable to all the features and services (“Services”) provided through our Websites which will be updated from time to time in the future.

Please read these Terms and the Privacy Policy (“Policy”) of the Company carefully with respect to registration with us on our Website(s) for our Services. In case of any discrepancy between the Terms and any other policies with respect to the Websites or Services, the provisions of these Terms shall prevail.

Your use/access/browsing of the Website(s) and/or the Services or registration (with or without payment) through any means shall signify your acceptance of these Terms and your agreement to be legally bound by the same. If you do not agree with these Terms or the Policy, please do not use the Website(s) or avail our Services.

REGISTRATION AND AFFILIATION

DataCouch is a business name and trademark of the entity Rama Digital Solutions OPC Pvt. Ltd. and DataCouch Pvt. Ltd., both entities registered with MCA (Ministry of Corporate Affairs), India bearing registration number U72900DL2016OPC309692 and U72900PB2020PTC050826 respectively.

BUSINESS INFORMATION

Our company, an education tech, currently offers services on a business to business model (B2B) and is in the process expanding our services on a business to consumer (B2C) model.

THE SERVICES

TRAINING, STAFFING AND CONSULTATION

Our company is in the business of providing training, staffing, virtual lab solution, and consultation. These services pertain to consultation for agile transformation, techno-functional consulting, enterprise level training on staff development and skill enhancements. We also provide services for staff augmentation and to bridge the gaps of resources in organisations with human resources that are subject matter specialists or experts (“SME” or “SMEs”). 

SKILL DEVELOPMENT

We also offer skills enhancement programs, academic curricular development in major cutting edge technologies such as Artificial Intelligence, Scalable Machine Learning, Data Science, DevOps, Robotics Processing Automation and many more streams that are continuously added to our services portfolio.

ELIGIBILITY

To be eligible to use our Services available on our Website(s) you need to be at least 18 (eighteen) years of age.

ACCOUNT

In order to use our Services, you must create an account (the “Account”) with us by registering on the Website. For the purposes of creating the Account, you need to provide us with some basic information. This includes Personally Identifiable Information (PII) including your name, email address, password and other information as listed in our Policy.
In the event that you are creating an Account on behalf of an entity, you confirm that you are authorised to act on behalf of such entity as well as to submit any information or documentation related to such entity.

ACCURACY OF INFORMATION

When you create an Account with us, it is your responsibility to provide us with accurate and truthful information about you. We reserve the right to discontinue our Services and/or suspend your Account with us for any reason including but not limited to any discrepancy in information or a failure to provide verification or required information by you. 

The reasons for collecting this information and the legal basis for it can be found in our Policy which provides all the information on how we collect, store, share and process all information extracted from your Account when you use our services.

VERIFICATION

When you create an Account with us you are required to provide verification for using the account. This verification is in the form of an email link sent to your registered email address, this is for us to know that you have access to your account and you control what happens with you account. 

SECURITY

You are solely responsible to keep your login credentials secure and safe from unauthorised access. You must keep your password confidential and not share your account details with anyone under any circumstances. You accept and agree that access to your login credentials gives access to your Account. In case you suspect that your Account password has been leaked or used by anyone to gain unauthorised access to your Account, you must report this to us immediately at the email address [email protected].

SUSPENSION AND TERMINATION

We reserve the right to suspend or terminate your account without assigning any reasons specifically if we find you in breach or in violation of our Terms. This specifically includes a termination without notice if you are in breach of any condition defined in the Usage section of these Terms. 

Our users have the right to terminate or deactivate their account on our Website without notice. If there is a payment instruction pending in your Account, you will only be able to terminate or deactivate your Account once such payment instruction has been cancelled. 

USAGE

Acceptable Use

Our Website is designed to provide the best possible Services to our Users and therefore, you agree that you shall use our website for browsing and subscribing to our training, staffing, virtual lab solution, and consultation services only. This also includes using our website for enrolling in the courses offered on our website and referring our website to other individuals and organisations interested in opting or subscribing to our services. 

Unacceptable Use

You must not use our website for any other purpose except as specified herein under these Terms. This also includes a prohibition from using our website for the sole purpose of  extracting information, and/or to transmit business information to our direct and indirect competitors. Our website usage is also prohibited for any other testing, experimentation for any educational or intellectual inquiry purposes or to directly or indirectly cause a cyber attack or any other disruption of our services or to harm our company’s digital infrastructure or company’s or its users’ interests or company’s intellectual property.

TERMS OF PAYMENT

Our website is connected with various third party payment gateways and vendors who provide us with the facility to process payments of our users subscribing to the Services on our Website. We do not have any control over the privacy policies or the terms of use of such payment gateway providers or vendors. Thus, it is the responsibility of our users to read, understand and accept the respective privacy policy and terms of use before making any payments on our website.

CANCELLATION AND REFUND

Our users reserve the right to cancel subscription to our services, specifically the training courses that our users enrol in through our Website. The procedure to cancel and the terms and conditions applicable for refund can be found here.

GENERAL TERMS AND CONDITIONS


WAIVER FOR THIRD PARTY PLUGINS AND EXTENSIONS AND CONTENT


Our Services may be made available or accessed in connection with third party services and content (including advertising) over which our Website has no control. You acknowledge that separate terms of use and privacy policies may apply to your use of such third party services and content. We do not endorse such third party services and content and in no event shall we be held responsible or liable for any products or services of such third party providers.

LICENCE

Subject to your compliance with these Terms, the Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to: (i) access and use the Services, or (ii) access and use any information, content, and any other materials which are made available to you through the Services, and only to the extent provided by these Terms.
This licence does not confer any proprietary rights, title, interest or ownership to our website or to any content or service offered by our partners or affiliates to any of our users and is merely a licence to use our Website within the limits and conditions as defined and permissible under these Terms.
If we have not expressly granted any rights to you in these Terms, please consider that such rights are reserved by us and our licensors.
We reserve the right, at any time, without notice, and at our sole discretion, to terminate your licence to use the Services and to block and prevent your future access to the same.

CONNECTIVITY AND DOWNTIME

We ensure that our Website is available to our users without any interruptions and delays. However we cannot guarantee a 24/7 availability and our Website may become unavailable without notification for undisclosed reasons that may not be limited to maintenance, instability or unforeseen circumstances, disruption of network or infrastructure providing support to our Website.
During these events our services will be unavailable and may cause disruption in the ordinary course of dealing with our Users. We shall notify you prior to any such scheduled maintenance or unavailability of Services but may not be able to do so in certain immediate and urgent and unforeseen circumstances.
Our services may become unavailable or may be available with some disruption in case of countries which are subject to UNSC resolutions or are covered under the area of active armed-conflict currently or at any point in time in the future. We shall not be liable to restore Services in such cases nor shall we be liable to refund any amount if the disruption of termination is caused under any of these circumstances.

INTELLECTUAL PROPERTY

The name of our company, domain name and our website associated with us or our business or content partners or our affiliates is the sole intellectual property of Rama Digital Solutions OPC Pvt. Ltd., Datacouch Pvt. Ltd and of those respective affiliates or business partners. The intellectual property contained on the Website is owned by or licensed to our Company and is protected by applicable copyright and trademark law(s).
Nothing contained in our Website shall be construed as conferring by implication, estoppel, or otherwise, any licence or transfer of any rights to any copyright, patent, trademark or other proprietary interest belonging to the Company, affiliates or business partners except in the manner specified in these Terms. The content and services on the Website, including, but not limited to, graphic images, audio, video, html code, buttons, scripts, source code and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of the Company.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Website, Services, third party applications, or third party application content, regardless of legal theory, without regard to whether the Company has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose.
Nothing in these Terms removes or limits the company’s liability for fraud, fraudulent misrepresentation, and gross negligence, if required by applicable law.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) your breach of these Terms; (2) any malicious or illegal activity conducted by you during the term of your usage of the Website. ; and (3) violation of any law by you. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAWS

These Terms of Service shall be construed in accordance with the applicable laws of Punjab, India without regard to the conflict of law principles.
If any dispute or claim arises from or in connection with (i) these Terms, or (ii) your access to or use of our services, the relevant parties shall resolve the dispute through the Contact Us on our Website. In case the dispute cannot be resolved through the portal you may send a written notice on the provided email under the “Notice” section of these Terms.
If a dispute is not resolved within a period of 30 (thirty) days from the date on which it was referred to the Company by virtue of the dispute resolution mechanism provided on the Website, you agree to submit to the exclusive jurisdiction of the competent courts of Mohali, Punjab, India for resolution of the disputes through legal proceedings.

INTERNATIONAL REGULATIONS AND COMPLIANCE

The Company complies with various international regulations and laws that apply to us for providing the Services to our Users. Thus, in pursuance to these laws and regulation on Data Protection and Privacy laws. This includes but is not limited to EDPB (European Data Protection Board), FTC (Federal Trade Commission) and other regulatory bodies. We may seek additional information to perform our compliance functions and update our policies.

SANCTIONS AND EMBARGOES

Our Services are subject to limitation and trade restriction purported by sanction and embargoes through the UNSC (United Nations Security Council) and we aim to abide by all such UN resolutions and sanctions as levied on the subject countries. Thus this may result in termination or unavailability of some or all Services of our Website in certain parts of the world.

TECHNOLOGY

Our Website is premised on the use of technology that meets the international standards of information security and data protection compliance through our technical support partners and vendors. Please view the Terms of Service of our vendor here. To provide a seamless experience to our Users we may update and do patch management of our Website to update the versions and security of our Website. During this time our Website may be unavailable to provide Services to our Users.

ENTIRETY

If any part of these Terms is determined to be unenforceable or invalid pursuant to the applicable law, including, but not limited to, the liability limitations and warranty disclaimers set forth above, then the unenforceable or invalid clause or any part thereof will be deemed to be superseded by an enforceable and valid clause that most closely matches the intent of the original clause and the remainder of these Terms shall continue to be in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and the Company with respect to using / accessing our Website and engaging with our Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, written or oral.

MISCELLANEOUS

Nothing contained in these Terms shall be construed as creating any partnership, joint venture, agency, affiliation or other form of joint enterprise between you and the Company.
Our failure to require your performance of any clause forming part of these Terms shall not affect our right to require such performance at any time later in the future, nor shall our waiver of a breach of any clause hereof be taken or held to be a waiver of the clause itself.
The headings in the Terms shall not be used in its interpretation and are provided for convenience only.
Please email us at [email protected] shall you have any questions regarding these Terms.

Contact Information

Customer Support and Service Desk

E-mail id: [email protected]

Contact Days: Monday to Friday (10 a.m. to 5 p.m. IST)

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