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This is a legal and binding agreement between you, the user (referred to as “user” or “you”) of the Programs, as defined below, and SMEC Trust (referred to as “we”, “us” or “BHARATCARES”) stating the terms that govern your use of the Platform, as defined below. The website www.BharatCares.org and mobile apps (collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by BHARATCARES. BHARATCARES offers curated and specially designed online higher education and industry-relevant diploma, certification programs and career assistance services “Programs”).
Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. By accepting these Terms in any manner or accessing the website, you consent, agree and undertake to abide, be bound by and adhere to the Terms and if you do not agree to these Terms, you are not entitled to avail of/use the Programs and any use thereafter shall be unauthorised.
Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supersede these Terms to the extent of the conflicting provisions.
These Terms shall apply to BHARATCARES hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by BHARATCARES, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. BHARATCARES shall not be responsible for any disruption of services caused by such third-party service providers.
User Conduct Policy
Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, BHARATCARES shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.
You acknowledge and agree that BHARATCARES has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
During your use of the Platform and Programs, you will:
User Accounts, User Registration and Delivery of Services
In order to participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to your phone number simultaneously and/or by providing an email address and a password that is unique.
Upon payment of the Program fees – in part or whole, depending on the Program – BHARATCARES shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within two (2) months thereafter. This shall be a proof of delivery against the successful payment of fees.
Owing to certain exceptional circumstances, if BHARATCARES has granted you access to a Program pending payment, and BHARATCARES does not receive payments within the stipulated time periods, BHARATCARES may, at its own discretion, withdraw your access to the Program without giving any prior notice.
You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.
In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be Personally Identifiable Information. We may use, maintain and store this information to provide certain services to you now and in the future, and may share such information with our Educational Partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes. Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from us or any third party for the above mentioned purposes till 365 days of your registration with us.
Access to the Programs is restricted to attendees or students who have specifically been granted access by BHARATCARES.
By registering your User Account, you agree that:
Additional requirements apply to Students. As a Student, in addition to the points above, you agree that you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which you have enrolled.
The Platform, Programs, and any information or BHARATCARES Content are provided on an “as is” and “as available” basis with all faults.
BHARATCARES makes no representations or warranties of any kind, whether expressed or implied, with respect to BHARATCARES Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BHARATCARES makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does BHARATCARES make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.
The user understands and agrees that the BHARATCARES Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data.
No advice or information, whether oral or written, obtained by the user from BHARATCARES or through or from the services, shall create any warranty by BHARATCARES.
In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.
Limitation of Liability
Neither BHARATCARES nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will BHARATCARES be liable for any damages in excess of ₹1000 or, in the case of enrolled students, the fees paid by you in connection with your enrolment into a Program.
Site Linking
The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. BHARATCARES does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites; and (c) you agree to the terms and conditions of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason.
BHARATCARES WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
You may not establish a link to this Platform from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of BHARATCARES, including its Educational Partners, respective employees, agents, directors, officers or shareholders.
Indemnity
You agree to indemnify and hold BHARATCARES and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Termination of Rights
You agree that BHARATCARES, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if BHARATCARES believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that BHARATCARES shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that BHARATCARES may retain and store your information on BHARATCARES’s systems notwithstanding any termination of your account or enrolment into the Programs.
Miscellaneous Provisions
By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract, you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his/her use of the Platform, including all financial charges and legal liability that he/she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.
BHARATCARES may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of BHARATCARES.
These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by BHARATCARES, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by BHARATCARES. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. BHARATCARES shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of BHARATCARES to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within BHARATCARES 's reasonable control. BHARATCARES shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.
The failure of BHARATCARES to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.
These Terms or any Program-specific terms shared with you constitute the entire agreement between you and BHARATCARES relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by BHARATCARES or through a specific writing between you and BHARATCARES.