Terms & Conditions

updated on 1 April , 2012

You have accessed our websites ‘Blend’ (referred to as the “Website”) www.blendinfotech.com , edcn.org

The domain name and Website is owned, registered and operated by Blend IT Solutions Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, bearing CIN U72200PN2013PTC146440 , and having its registered office at FLAT NO 2 AND 3, 1 ST FLOOR, 7/1 SHRIYASH CHAITNYA PARK, SECTOR NO 29, NIGDI PUNE Pune MH 411044, India (hereinafter referred to as “Blend InfoTech” or “ us” or “we” or “our” or “Company”).

These terms and conditions of use (“Terms of Use”), are between the Company, and the User(s), who are registered with us, or who use the Website (hereinafter referred to as “You” or “Your” or “ User(s)”). The User can be:

Introduction By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application. Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below). If you are using the Site, Application or Services then these Terms of Service are binding between you and Blend Definition In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder: "Courses" means educational courses listed on the Site or Application. "Course Fees" means the amounts that are due and payable by a Student for enrolment of Course. "Collective Content" means Member Content and Blend Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "Listing" means Courses that are listed by Blend as available via the Site, Application, and Services. "Member" means a person, who completes Blend’s account registration process, including but not limited to Teachers and Students, as described under "Account Registration" in Clause 7 below. "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Blend promotional campaign to be made available through the Site, Application or Services. "Payment Method" means a payment method that you have added to your Blend Account, such as a credit card, debit card or net banking. "Student" means a Member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site. "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Blend may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. “Teacher” means a Member who has been selected by Blend in order to provide services through the Site or Application "Blend Content" means all Content that Blend makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content. Terms of Service By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and Blend.The user furhter accepts to allow Blend Innovations Private Limited to reach them through call for providing existing services and for providing information on new products and services and will not be subject to DND regulations for such calls. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities. The Site, Application and Services comprise an online platform which creates Listings for Courses and Students may learn about and enrol for the course directly through the Site and Application. You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity. ​ GDPR COMPLIANCE STATEMENT Blend respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are: Consent We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us. Breach Notification In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.  Right to Access Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format. Right to be Forgotten Once we have compared your (the subjects') rights to "the public interest in the availability of the data", we may delete your personal data where you have requested this. Data Portability We allow you to receive the personal data concerning you, which we will provide in a 'commonly used and machine readable format' and you have the right to transmit that data to another ‘controller’. Privacy by Design We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects'. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing. Eligibility Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Blend for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older. Usage of Site, Application or Services The Site, Application and Services can be used to facilitate the Students to enrol for Courses. Such Courses are included in Listings on the Site, Application and Services by Blend. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enrol for the Courses, you must first register to create a Blend Account (defined below). Blend makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise in the Blend platform, Blend's responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services. Account Registration In order to access certain features of the Site and Application, and to enrol for Courses, you must register to create an account ("Blend Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an account (“Blend Account”) created once selected by Blend for providing services through the Site or Application. You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Blend Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Blend through the Site, Services or Application; or (ii) allowing Blend to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Blend and/or grant Blend access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Blend to pay any fees or making Blend subject to any usage limitations imposed by such third-party service providers. By granting Blend access to any Third-Party Accounts, you understand that Blend will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Blend Account and Blend Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Blend Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Blend's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Blend Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Blend makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Blend is not responsible for any SNS Content. Your Blend Account and your Blend Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Blend Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Blend reserves the right to suspend or terminate your Blend Account and your access to the Site, Application and Services if you create more than one (1) Blend Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Blend Account, whether or not you have authorized such activities or actions. You will immediately notify Blend of any unauthorized use of your Blend Account. Course Listings Blend will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings. Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students' search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application. Please note that Blend assumes no responsibility for a Student's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Blend reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Blend, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Blend's then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services. If you are a Teacher, you understand and agree that your relationship with Blend is limited to being a Member and an independent, third-party contractor, and not an employee, agent,         joint- venturer or partner of Blend for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Blend. Blend does not control, your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Blend, including by inappropriately using any Blend intellectual property. When you enrol for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enrol for any of the Courses must meet these requirements. No Endorsement By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Blend with respect to such actions or omissions. Payment Terms If an enrolment is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘Enrolment Request Period’), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by Blend for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, Blend will send the Student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services. The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to Blend. Upon receipt of the Students enrolment request, Blend may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by Blend will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student's Payment Method will be released, if applicable. Blend will collect the Course Fees from Students at the time of the enrolment request. Blend agrees that no refund will be permitted in respect of tuitions already provided and  in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition. You agree that Blend through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Blend will raise invoice for the above which shall be inclusive of all applicable Taxes. You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your Blend Account. Blend will collect the Course Fees pursuant to the Payments Terms. Once you're confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment. Cancellations and Refunds If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, either prior to or after commencement of the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. Blend will initiate any refunds due pursuant to the Payments Terms. If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Blend will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student. Taxes You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Blend. User Conduct You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not: violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content; access or use our Site, Application, Services expose or allow to be used or exposed, any Blend Content: (i) that is not publicly displayed by Blend in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Blend’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Blend's users or any other third party; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Blend endorsement, partnership or otherwise misleads others as to your affiliation with Blend; dilute, tarnish or otherwise harm the Blend brand in any way, including through unauthorized use of Collective Content, registering and/or using Blend or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Blend domains, trademarks, taglines, promotional campaigns or Collective Content; copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; infringe the rights of Blend or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Blend Student; register for more than one Blend Account or register for an Blend Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward; contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member's use of the Site, Application and Services; recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Blend, without Blend's prior written approval; recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Blend's provision of the Services or for any other reasons; violate these Terms or Blend's then-current Policies and or Standards; engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Blend's name, any Blend trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Blend's express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, Blend's computer systems, or the technical delivery systems of Blend's providers; attempt to probe, scan, or test the vulnerability of any Blend system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Blend or any of Blend's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for Course Fees outside Blend. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Blend harmless from any liability for such payment. Blend has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Blend may take a range of actions against you, including but not limited to deactivating or cancelling Blend Account, for a violation of this Section or these Terms. Blend may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Blend or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Blend, its users, or members of the public. You acknowledge that Blend has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Blend reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Blend, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. Reporting Misconduct If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Blend by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. Privacy In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your personal information as laid out in Blend's Privacy Policy (as may be updated from time to time). You agree that Blend may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy. You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account. Intellectual Property Ownership and Rights Notices The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Blend and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Blend used on or in connection with the Site, Application, Services, and Blend Content are trademarks or registered trademarks of Blend in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Blend Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Blend's Trademark & Branding Guidelines (as may be updated from time to time). Additional Terms Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms. Application License Subject to your compliance with these Terms, Blend grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Blend Content and Member Content License Subject to your compliance with these Terms, Blend grants you a limited, non-exclusive, non-transferable license, to (a) access and view any Blend Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Blend or its licensors, except for the licenses and rights expressly granted in these Terms. Member Content We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Blend promotional campaigns, you hereby grant to Blend a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Blend does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Applications, Services or through Blend promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Blend promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Blend the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Blend's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Blend promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Hyperlinks The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Blend is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Blend of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Blend and you hereby irrevocably assign to Blend and agree to irrevocably assign to Blend all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Blend's request and expense, you will execute documents and take such further acts as Blend may reasonably request to assist Blend to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. Copyright Policy Blend respects copyright law and expects its users to do the same. It is Blend's policy to terminate in appropriate circumstances the Blend Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Term and Termination, Suspension and Other Measures Term This Agreement shall be effective for till the time Members access or use the Site, Application or Services or by downloading or posting any content from or on the Site, via the Application or through the Services Until such time when you or Blend terminate the Agreement as described below. Termination for convenience You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Blend Account, any confirmed enrolment will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Blend may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address. Termination for breach, suspension and other measures Blend may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Blend Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Blend believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Blend or third parties, for fraud prevention, risk assessment, security or investigation purposes. In addition Blend may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed enrolments, limit your use of or access to your Blend Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Blend Account, or temporarily or permanently suspend your Blend Account if (i) you have breached these Terms or our Policies, including material and nonmaterial breaches and receiving poor ratings from Students, or (ii) Blend believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Blend or third parties, for fraud prevention, risk assessment, security or investigation purposes. In case of non-material breaches and where appropriate, you will be given notice of any measure by Blend and an opportunity to resolve the issue to Blend's reasonable satisfaction. Consequences of Termination If we take any of the measures described above we may (i) communicate to the Students that a pending or confirmed enrolment has been cancelled, (ii) refund the Students in full for any and all confirmed enrolments, irrespective of pre-existing cancellation policies, (iii) support the Students, on an exceptional basis, in finding potential alternative Courses, and (iv) you will not be entitled to any compensation for confirmed enrolments that were cancelled. If You or We terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Blend Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Blend Account has been suspended or this Agreement has been terminated by us, you may not register a new Blend Account or attempt to access and use the Site, Application and Services through other Blend Accounts. Survival If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect. Disclaimers If you choose to use the Site, Application, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that Blend does not have an obligation to conduct background or character checks on any Member, but may conduct such background or character checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future. The Site, Application, Services and Collective Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Blend explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Blend makes no warranty that the site, application, services, collective content, including, but not limited to, any Courses, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Blend makes no warranty regarding the quality of any Listings, Courses, teachers, Students, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site, Application or Services. No advice or information, whether oral or written, obtained from Blend or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Students. You understand that Blend does not make any attempt to verify the statements of users of the Site, Application or Services or to review any Course. Blend makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, Application Or Services, including, but not limited to, Students, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Blend. Blend explicitly disclaims all liability for any act or omission of any Student or other third party. Limitation of Liability You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your enrolment of any Course via the Site, Application and Services, and any contact you have with other users of Blend whether in person or online remains with you. Neither Blend nor any other party involved in creating, producing, or delivering the Site, Application, Services, Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Application, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services, or from your Enrolment of any Course via the Site, Application And Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Blend has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Blend's aggregate liability arising out of or in connection with these Terms and your use of the Site, Application and Services including, but not limited to, your enrolment of any course via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, or Collective Content and in connection with any course or interactions with any other members, exceed the amounts you have paid or owe for enrolments via the Site, Application and Services as a student in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Blend and you. Indemnification You agree to release, defend, indemnify, and hold Blend and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) enrolment of an Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course. Entire Agreement Except as they may be supplemented by additional Blend policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Blend and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any enrolments made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Blend and you regarding enrolments, the Site, Application, Services, and Collective Content (excluding Payment Services). Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Blend (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Governing Law and Jurisdiction These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Pune for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and Blend. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Pune. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute. If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA. No Waiver The failure of Blend to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blend. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Miscellaneous Blend shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us. Blend is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond Blend’s reasonable control. You may not assign or transfer these Terms, by operation of law or otherwise, without Blend's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Blend may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Blend reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by Us with or without notice. You agree that Blend shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of Blend or any person firm or corporation having posted information for availability through the Services provided by us. You agree that in the event Your post or Your information violates any provision of this Terms, We shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.

A creator, contributing User Content, course; and/or
a person, consuming/ utilizing the User Content or courses created by a creator/ Blend.

Please read the Terms of Use carefully before using or registering or accessing any material, information or Services through the Website. By using the Website or any facility or Services provided by the Website in any manner whatsoever or by merely browsing the Website, You signify Your acceptance and shall be legally bound by these Terms of Use, along with any amendments made by Blend InfoTech at its sole discretion and posted and/or updated on the Website, and the applicable policies which are incorporated herein by way of reference. If these Terms of Use, conflict with any other document or policy of the Company, these Terms of Use will prevail for the purposes of usage of the Website.

This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.

AMENDMENT

Blend InfoTech reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. The revised Terms of Use shall be made available on the Website.

Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. It is Your responsibility to review these Terms of Use periodically for updates/changes. You can determine when Blend InfoTech last modified the Terms of Use by referring to the "As Updated On" legend above. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions to the Terms of Use.

Blend InfoTech may, at its sole discretion, require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Website and the Services provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

ELIGIBILITY TO USE

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors (persons below the age of 18 years), un-discharged insolvents etc. are not eligible to use the Website. As a minor, if You wish to use the Website, such use may be made by Your legal guardian or parents on the Website. Blend InfoTech reserves the right to terminate Your registration and/or refuse to provide You with access to the Website if it is brought to Blend InfoTech’s notice or if it is discovered or if Blend InfoTech has reason to believe that You are incompetent to contract within the meaning of the Indian Contract Act, 1872.

MAILS and NEWSLETTERS

By signing/ Registering / applying on portal form various ways you are agreeing to receive newslatters and course and batch alerts via email, sms, tele -call or any oter communication media. you are free to opt out at any time by login to your account or by filling opt-out form

Blend InfoTech reserves the right to refuse access to use the Services offered at the Website to new Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.

To be eligible to use the Services, or browse our Website entirely, You shall have to be a registered user with us, for which You would be required to create an Account and be approved by Blend InfoTech through its registration mechanism as provided hereunder. Any use of the Website, by any person who is unregistered, shall be deemed to be a violation of these Terms of Use.

You shall not have more than one active Account on the Website. Additionally, You are prohibited from transferring Your Account to another party/person and You agree to accept responsibility for all activities that occur under Your Account. SERVICES

The Website is an online platform that supports and facilitates the online creation of technology videos/or tutorials, by the Users of the Website (“Services”).

You may create a video, audio clip or tutorial, by using our Services. Such content developed through the use of our Services or otherwise submitted to us for uploading on our Website shall hereinafter be referred to as “User Content”.

Subject to compliance with these Terms of Use, Blend InfoTech grants You a personal, non-transferable, non-exclusive, limited privilege to use this Website. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Blend InfoTech and Blend InfoTech shall not be responsible for any data lost while transmitting information on the internet.

While it is the Company’s objective to make the Website accessible 24 (twenty-four) hours per day, 7 (seven) days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Blend InfoTech, access to the Website may be interrupted, suspended or terminated from time to time.

The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Blend InfoTech reserves the right to refuse access to the Website, terminate Accounts, remove or edit contents without any notice to You.

USER ACCOUNT

The use of the Website requires You to register as a user. Blend InfoTech shall provide the Services to You through the Website only, if You have created an Account and are registered with us. You shall have to apply for registration as a User to use our Website. We shall be entitled to ask You to submit certain information (“Account Information”) that shall qualify the eligibility criteria laid down for registration by Blend InfoTech from time to time. The registration, as of now, is open only for individuals and/or institutes that are engaged in the activities of imparting technology education and any other person who we, in our sole discretion, may identify. Such registration is therefore subject to our approval.

You can apply for registration through a valid e-mail ID and password (including but not limited to Facebook, Gmail, Github) (“ Account”).

Blend InfoTech reserves the right to ask the user, for more information/ additional Account Information, if necessary. The User may track the status of his/its application by contacting us at support@blendinfotech.com. In any case, if we do not reply to Your application for registration within 30 (thirty) days from the date of Your application for registration, the registration shall be deemed to have been denied and You shall be free to submit a fresh application for registration. It is clarified that the decision of Blend InfoTech, in this case, shall be final and conclusive.

You shall ensure that the Account Information provided by You is complete, true and accurate. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Blend InfoTech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blend InfoTech has the right to suspend and/or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

We may, in our sole discretion, terminate or suspend Your use or access to all or part of the Website or Your Account or registration, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify You that Your access to and/or use of the Website or Your Account is terminated, You must cease and desist from all such access and/or use immediately.

However, Blend InfoTech reserves the right to allow restricted access to the Services for unregistered users.

You shall be responsible for maintaining the confidentiality of the Account Information and restricting access to Your computer/phone/tablet/any other device to prevent unauthorised access to Your Account. You shall be fully responsible for all activities that occur through Your Account.

You shall:

register in Your own name only and all Account Information provided by You will be accurate and up-to-date; not pass Yourself off as someone else or create multiple and/or false Accounts; promptly update any of Your Account Information in case of any change in the same and also update any new Account Information as required by Blend InfoTech to do so; not transfer Your membership/registration to another person; immediately notify Blend InfoTech of any unauthorized use of Your Account or any breach of security; inform Blend InfoTech immediately if You have reason to believe that Your password is known to someone else or if Your Account is being, or is likely to be, used in an unauthorized manner; log out of Your Account at the end of each session.

Blend InfoTech shall not be responsible for Your failure to comply with the above. You may be held liable for any loss incurred by Blend InfoTech or any other third party due to any authorized or unauthorized use of Your Account and You shall be responsible to indemnify Blend InfoTech for the same.

You can access and administer Your Account by entering the username and password. You can also update Your personal details (including Your Account Information and preferences) by accessing Your Account and making any necessary changes; this will update Your details across all Services of Blend InfoTech.

Blend InfoTech may constantly monitor the User’s Account in order to avoid fraudulent accounts. Users with more than one account or availing our Services fraudulently shall be liable for legal actions under Applicable Law. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms of Use. In the event of detection of any fraudulent activity, prior to initiation of legal actions, we reserve the right to immediately delete such Account.

Blend InfoTech takes no responsibility for any User Content, uploaded by users on the Website, and further, the User takes responsibility for his or her own actions in utilizing such User Content, and availing the Services provided.

TERMINATION/SUSPENSION OF ACCOUNT

We reserve the right to terminate or suspend Your Account and/or suspend Your access to the Services under the following circumstances, including but not limited to:

You are in breach of any term or condition of this Terms of Use; You are in breach of any Applicable Law, that is applicable to You; Your use of the Service disrupts our business operations or affects any other party/ User; or You have behaved in a way, which objectively could be regarded as inappropriate or is unlawful or illegal or which would bring us and/or Company into disrepute.

We may suspend access to the Services or require You to change Your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Services will not affect liability previously incurred by You.

USER OBLIGATIONS

You agree to use the Services, Website and the content provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any Applicable Law, regulation or generally accepted practices or guidelines in India and under any Applicable Law of other jurisdictions.

You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website.

We grant You a limited license to access and make use of our Website, however the following usages are not permitted:

downloading (other than as expressly permitted), or modifying content or any portion of it, on our Website, except with our express written consent; any resale or commercial use, except as provided hereunder and agreed between Blend InfoTech and You; downloading or using other user Content (other than as expressly permitted); any collection and use of any content, descriptions; any derivative use of Website or its contents; any downloading or copying of Account information for the benefit of another person. You shall also not post the User Content on any other online or offline medium.

It is hereby clarified that, You shall not download any content from our Website, unless expressly permitted by Blend InfoTech to do so. This restriction is also applicable on the User Content contributed by You (if any). You can use our Services and view all the content uploaded on our Website and/or App including the User Content contributed by You on our Website and/or App.

You shall solely be responsible for maintaining the necessary computer equipment and/or mobile phone and the necessary hardware and software associated thereto and internet connections that may be required to access and use our Website and create Your content. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Blend InfoTech.

You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, download, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Blend InfoTech disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under herein.

You are entitled to create User Content by using our Services/ tools/ software. You hereby agree that, before publishing Your User Content, You may be required to submit a demo video to Blend InfoTech. Blend InfoTech reserves its right to approve or disapprove the said User, on the basis of such User’s demo video. Only Blend InfoTech approved User(s), can submit User Content to Blend InfoTech, by writing at support@blendinfotech.com

Blend InfoTech may at its sole discretion publish/ upload such User Content onto the Website. Further, Blend InfoTech may in its sole discretion, choose to review certain videos or series or portions of a User Content, from time to time. It is hereby clarified that Blend InfoTech does not review, all the User Content uploaded/ published on the Website and shall thereby not be held liable for the same. The User shall exercise their own discretion, while choosing to view/ rely on User Content.

For the content created by You and approved and uploaded on Blend InfoTech platform, You may be paid a fee/ consideration with respect to Your content uploaded on the Website. The above mentioned payment shall be on the basis of such criteria, deemed fit by Us, and shall be intimated to You, by Us, prior to payment of such fee to You. It is hereby clarified that You shall not become entitled to any fee / consideration on the basis of upload of User Content, and such payment shall always remain at the sole discretion of Blend InfoTech.

It is clarified that such an arrangement shall be valid for that particular User Content only and shall not be an arrangement for all User Content contributed by that User, unless otherwise mutually agreed in writing. The payment may be made by Blend InfoTech, in its sole discretion, may be made in the form of cash or non-cash compensation which shall include but not be limited to discount vouchers, redemption vouchers and the same shall differ on case to case basis. It is further clarified that, Blend InfoTech shall, in its sole discretion, reserve the right to keep such User Content on the platform and shall not be liable in any way if such User Content is not uploaded by Blend InfoTech on the Website for whatsoever reasons.

It is hereby clarified that the Blend InfoTech shall not be held liable for the material, content, or views expressed in any User Content, including but not limited to the accuracy of such User Content, infringement of any intellectual property, etc. The User contributing such User Content, shall at all times be liable for the same.

Once the User Content has been approved and uploaded on the Website, Blend InfoTech shall not entertain any requests to remove such uploaded User Content from its Website, except in the case of infringement of any third-party rights which is brought to the notice of Blend InfoTech or for any other reason, which Blend InfoTech shall, in its sole discretion, seem fit.

If Website allows You to post and upload any material on the Website, and/or You submit such material as User Content for the review of Blend InfoTech, You hereby undertake to ensure that such material is not offensive and in accordance with Applicable Laws. Further, You undertake not to:

Defame, abuse, harass, threaten, or otherwise violate the legal rights of other Users or any third-party; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Publish, post, submit to upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword; Submit to upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; Submit to upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Blend InfoTech server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means; Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of Blend InfoTech, including any Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; Disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites; Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section; Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website; Use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Blend InfoTech or any other third parties; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another User of a Service that You know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is submit for uploading or is uploaded; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Violate or breach any Applicable Law or regulations for the time being in force within or outside India; Violate the Terms of Use including but not limited to any applicable additional terms of the Website contained herein or elsewhere; Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website; Download or copy account information for the benefit of another User or any other third party; caching, unauthorized hypertext links to the Website and the framing of any other content available through the Website submitting for uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools; any unauthorized copying, reproduction, republishing, submit for uploading, downloading, posting, transmitting or duplicating of any of the material and/or content is expressly prohibited; Post and/or submit for uploading obscene or vulgar materials or use of obscene or vulgar language, or use of abusive, defamatory, profane, or threatening language of any kind; Undertake any activity which is not in compliance with applicable Indian and international laws; and You may not bypass any measures used by us to prevent or restrict access to the Website.

Any unauthorized use by You shall terminate the permission/consent granted to You and Blend InfoTech shall, in its sole discretion, suspend/terminate Your registration and the decision of Blend InfoTech shall be final and binding.

You agree that Blend InfoTech may, at any time, alter, modify, suspend or discontinue all or part of the Website, change, charge fees for use of the Website, or offer opportunities to some or all Website Users and for any reason, without notice or cost.

REFUND

If You want refund for any contribution or payment You made on www.Blend InfoTech.com ,contact the grievance officer with relevant details like email, phone number, amount etc within 7 days of making the contribution or payment. We will contact you within 7 working days (excluding public holidays and sundays) to resolve your concern.

PAYMENT TERMS

The User Content on the Website, shall be available freely, for all the Users. However, there may be features or services for which the user may have to pay. The payment required for such features or services shall be indicated against such features or services.

The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards (“ Virtual Payment Mode”) shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).

While availing any of the payment method(s) available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transactions; Any payment issues arising out of the transaction or Decline of such transaction for any reason.

You understand, accept and agree that the payment facility provided by Us, if any, is neither a banking nor financial service.

EXCLUSIVITY

The User has a choice of using our Website. However, in case You chose to use our Website and create or upload any content using the Services offered on our Website and submit such User Content to us, You hereby consent to uploading of Your User Content on our Website by us, and also confirm the transfer of ownership and IPR rights in such User Content to Blend InfoTech, in accordance with the provisions of the Terms of Use. Any User Content which violates these Terms of Use or applicable law, shall be deemed to be transferred back to the User and Blend InfoTech disclaims all liabilities with respect to the same.

Once the User Content is submitted to us for being uploaded on our Website, the User is hereby expressly prohibited from uploading and/or using such content on any other online or offline mode or any other parallel media channel, including but not limited to YouTube. If the User, in contravention of this, uploads and/or uses the same content elsewhere, Blend InfoTech reserves the right to request the User to remove such content from such mode. In case where the User refuses to adhere to such request by Blend InfoTech, Blend InfoTech reserves the right to exercise the IPR assigned to it hereunder.

The User may, however, upload such content elsewhere only subject to the prior written consent of Blend InfoTech.

INTELLECTUAL PROPERTY RIGHTS (“IPR”)

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Website is owned and controlled by Blend InfoTech and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.

Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Blend InfoTech owns all IPR to and into the trademark "Blend InfoTech", and the Website, including, without limitation, compilation of all content, software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, images, audio clips, digital downloads, data compilations, and software, source code, meta tags, databases, text, content, graphics, icons, logos and hyperlinks.

Blend InfoTech expressly reserves all IPR in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Blend InfoTech. The mark "Blend InfoTech" and the contents of the Website are the sole property of Blend InfoTech. Reproduction in whole or in part of the same is strictly prohibited without the express written permission of Blend InfoTech.

All names, logos, and images on Blend InfoTech constitute trademarks and/or copyrights of Blend InfoTech or the respective content owners. Content shall not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of the respective author/owner of the content and/or Blend InfoTech is expressly prohibited. You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Website are the property of Blend InfoTech and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Website. Use of the content and materials for any purpose not expressly permitted in these Terms of Use, is prohibited. We are not liable for any infringement of copyrights, trademarks, or other proprietary or IPR arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our other users. Further, You agree not to download any material/Content/User Content (including the User Content submitted by You) from the Website.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, download, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Blend InfoTech or party owner of such Content.

“Intellectual Property Right” or “IPR” for the purpose of the Terms of Use, shall mean all copyrights (including without limitation the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights (whether registered or unregistered), trade names or business names, registered and unregistered design rights, mask-work rights, trade secrets, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of India or any other state, country or jurisdiction.

IPR in USER CONTENT

You hereby understand and agree that any User Content created using the Services on our website, shall be uploaded on our Website by the mechanism stated hereunder. Blend InfoTech shall, in its sole discretion, upload the User Content, which is submitted to us by You.

You shall be free to create Your Content using our Website and/or App in the form of videos, graphics, images etc. However, while doing this, the Users shall ensure that all the works done and published and/or submitted for uploading on our Website, in any form, shall be the User’s original work and/or the Users shall ensure that they have the legal right to use and/or submit for uploading such work and have the requisite approvals for using and/or permit the uploading such works by us. The Users by submitting such content for uploading imply that they are legally entitled to use and submit such content for uploading.

The User unconditionally agrees that any User Content developed using the Website and/or submitted to Blend InfoTech for uploading, shall be the property of Blend InfoTech and any IPR authorship rights and all other rights of whatsoever nature, in the User Content, in whatever form or medium, shall vest and remain vested in perpetuity and worldwide with Blend InfoTech.

In case, the User has used any content owned by another party, the User shall obtain prior written consent for use of the same for creating User Consent. Further, the User shall give due credit to the owner of the rights in such content submitted to us to be uploaded by the Users, wherever required.

The Users hereby understand that Blend InfoTech does not guarantee any confidentiality with respect to any content that the Users may submit for uploading.

The User hereby agrees that by creating, submitting for uploading and/or uploading in any form, User Content, the User hereby grants Blend InfoTech all existing and future IPR including all copyrights, moral rights, language rights, and any other intellectual rights, of whatsoever nature, in the User Content, worldwide, in perpetuity, without limitation, exclusive, royalty-free, transferable without any material, financial or territorial limitation and without any payment and/or consideration due from Blend InfoTech, the right to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the content in connection with Blend InfoTech’s services and Blend InfoTech’s business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels, commercially or otherwise.

Notwithstanding anything contained elsewhere in this Terms of Use, it is hereby agreed that the IPR in Blend InfoTech’s confidential information and the content contributed by Blend InfoTech towards creation of the Website shall at all times remain the property of Blend InfoTech. Blend InfoTech does not extend any rights of any nature to the User, unless so granted in writing by Blend InfoTech.

The User represents and undertakes that the User has the requisite IPR in relation to the User’s Content provided and/or submitted to Blend InfoTech through the use of its Website and has the legal right and authority to provide and/or submit the same to Blend InfoTech for its inclusion on its Website.

The User undertakes that there are no pending actions, suits or proceeding, existing, threatened, anticipated or pending against any User’s Content.The User shall not acquire any rights in respect of Blend InfoTech or its group companies’ names, trademarks, designs, patents, patent applications, copyrights or other IPR, including those obtained from third parties under license or otherwise, for inclusion on its Website.

THIRD PARTY CONTENT

The Website may contain links to other Website and/or Apps (“Linked Sites”). The Linked Sites are not under the control of Blend InfoTech or the Website and/or App and Blend InfoTech is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blend InfoTech is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. Blend InfoTech is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Blend InfoTech or the Website and/or App of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Blend InfoTech from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Blend InfoTech that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You, pursuant to these Terms of Use.

The User shall be solely responsible for its own User Content, and the consequences of submitting for uploading and publishing its User Content on our Website. To the extent permitted by Applicable Law including without limitation the Information Technology Act, 2000,Telecom Commercial Communications Customer Preference Regulations, 2010 and other applicable regulations of TRAI, the User agrees to defend, indemnify and hold harmless Blend InfoTech, its holding, subsidiary, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the User’s use of and access to the Service; (ii) the User’s violation of any term of these Terms of Service; (iii) the User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Content caused damage to a third party or (v) or arising out of non-compliance with any Applicable Law and rules or regulations related to the User Content or arising from any suit, action or proceeding by any third party against any of the indemnified persons, as a result of or in consequence of any act or omission of whatsoever nature of the User, including without prejudice to the generality of the foregoing, any complaint or loss or damage or claim for compensation arising out of the infringement of third party IPR or for providing incorrect or misleading content.

DISCLAIMERS, WARRANTIES AND LIMITATION OF LIABILITY

The Website, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, we disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

Blend InfoTech makes all endeavors to ensure that all the information on the Website App is correct, but Blend InfoTech neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Service or any content available on the Website and/or App. In no event shall Blend InfoTech be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Blend InfoTech be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

Further, Blend InfoTech shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Blend InfoTech’s control.

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website 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 use of such material and/or data. The internet is not a secure environment and we cannot guarantee that the Website and its servers are free of viruses or other harmful applications. We recommend that You regularly update Your browser software and use up-to-date anti-virus software to ensure that Your access to the Services is as secure as possible.

Blend InfoTech (including its agents, affiliates and employees) makes 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 or that the operation of the Website will be error free and/or uninterrupted. Consequently, Blend InfoTech 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 use of the Website; and/or any interruption or errors in the operation of the Website.

You shall accept sole responsibility for and Blend InfoTech shall not be liable for any use of the Services by You or any other third party and the User shall hold Blend InfoTech harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use.

Blend InfoTech does not and cannot verify that Users have the right or ability to submit to us for uploading their content on our Website. We also cannot verify the authenticity of the content by our Users, which is submitted for uploading. However, we are committed to removing infringing materials and/or content once an authorized representative of the rights owner properly reports them to us.

Blend InfoTech cannot provide legal advice. However, if any User has questions or concerns regarding its/his rights, he/it may wish to seek legal advice from a specialist. If the User is not sure about the content he/it shall be creating, it shall be in our best mutual interest that the User does not submit such content and desist from uploading the same in any manner on our Website.

Submitting for uploading content that uses someone else’s IPR, without permission could be a violation of the law. If the User has already submitted for uploading any infringed content, we request the User to get in touch with us to remove the same from our Website without any delay.

Blend InfoTech therefore, provides no warranties, whatsoever, so as to the material of the content or the User’s right to upload and/or submit to us for uploading the content or the authenticity of the content or any opinion, recommendation, or advice expressed in such content submitted to be uploaded by the User.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.

COMPLIANCE WITH LAWS

You shall be solely responsible for compliance of all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, statutory authority, tribunal, board or court in India or outside India (“ Applicable Laws”) for:

Use of the Website; Use of content available on the Website; Creation of User Consent through use of our Services.

REPORT ABUSE

As per these Terms of Use, Users are solely responsible for every material or content submitted for uploading on to the Website. Blend InfoTech has the right to review the contents before they appear on the Website. However, Blend InfoTech does not verify, endorse or otherwise vouch for the contents of any user or any content generally submitted for uploading on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If You come across any abuse or violation of these Terms, please report to support@blendinfotech.com

We respect third party IPR and actively support protection of all third party IPR including copyrights and trademarks. It is our policy to expeditiously respond to clear notices of alleged IPR infringement. If we receive proper notification of IPR infringement, our response to such notices will include removing or disabling access to material and/or content claimed to be the subject of infringing activity or any other action, which we may deem fit in our sole discretion.

We shall process such infringement claims, which may result in removing the reported content from our Website. If the content is removed, the User that submitted the content will receive a written intimation to them to know that content they posted on our Website was removed because of a claim of IPR infringement. We may also provide the Users with the contact information of the person alleging such IPR infringement, and/or the contents and nature of alleged infringement.

If the User that posted the content believes that the content shouldn’t have been removed, the Users will be encouraged to reach out to the complaining party to try to resolve the issue directly and Blend InfoTech shall not be a party to such mutual resolutions between the User and the complaining Party.

CONTACT US

Please contact us at support@blendinfotech.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:

E-mail Address: support@blendinfotech.com

NOTICES

You agree that, unless other instructions are posted on Website, any notices required to be given under this Terms of Use will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the Users in accordance with the most current Account Information You have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

DISPUTES AND GOVERNING LAW

We will try to solve any disagreements quickly and efficiently. If You are not happy with the way we deal with any disagreement, You may wish to take court proceedings. The rights and obligations of the parties pursuant to this Terms of Use are governed by, and shall be construed in accordance with, the laws of India and the place of jurisdiction shall be exclusively in Pune.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of India, Pune for any dispute arising under or relating to this Agreement and waive Your right to institute legal proceedings in any other jurisdiction.

We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where You reside, do business or have assets. MISCELLANEOUS

No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of Your obligations.

The rights and remedies of using the platform in any form whatsoever, under these terms are independent, cumulative and without prejudice to our rights under the law.

These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.

If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.

This Terms of Use, as may be updated from time to time and represents the complete agreement and understanding with respect to the Service and supersedes any other written or oral agreement.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

About us

Blend InfoTech is a Pune based ISO Certified Training Company and it is the brainchild of a group of enthusiastic individuals with a vision to excel in the Information Technology domain. It is established in late 2008.

Communication Address:
Blend InfoTech
2nd Floor, Bhushan Bhavan,
Opp M.C.C.I.A, Tilak Road,
Swargate(Swargate Corner)
Pune Maharashtra 411002.

www.blendinfotech.com
8087088772
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