www.trainwith.net

ACCEPTANCE OF TERMS

Welcome to and its service offering, www.trainwith.net (collectively, "", “www.trainwith.net”, “trainwith”, ‘Company’,  ’"us" or "we").

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under  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 document 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 user agreement for access or usage of www.trainwith.net website.

This Agreement describes the terms by which you may access and use our services. In order to become an trainwith User, you must read and accept all of the rules and regulations, terms and conditions of this Agreement and the Privacy policy. In the event of any inconsistency between the trainwith  Privacy policy and this User Agreement, the User Agreement shall take precedence. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. Please read carefully the following terms and conditions ("User Terms of Service") and our Privacy Policy, which may be found at www.trainwith.net/privacy. These User Terms of Service govern your access to and use of the Site, Services and Collective Content (defined below) and constitute a binding legal agreement between you and trainwith.

For the purpose of the User Agreement, Registered User- Seeker User / Service Provider  User/ Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.. “We”, “us”, or “our” refer to "", “www.trainwith.net”, “trainwith”. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

Electronic Consent

As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in "clicking" on boxes containing the words “Join”,  "I Accept," "I Agree" as provided on the registration page ; or other similar phrases (collectively, "Acceptance Terms") or on  ‘Book Now’, ‘Pay Now’ while transacting as Guest User or such other actions that implies your acceptance.

If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and  trainwith Rules and Policies , please do not click on the “Join” trainwith,  "I Accept," "I Agree") or on  ‘Book Now’, ‘Pay Now’ " and do not seek to obtain access to or otherwise use the Website.

Amendments:  We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the trainwith Service indicates your acceptance of the amended User Agreement.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by trainwith Rules and Policies as provided from time to time in the following hyperlinks:

         i.            trainwith Rules and Policies.

       ii.            trainwith Privacy Policy.

Please note: various underlined words and phrases are hyperlinked to various rules and policies on the Website. By accepting this User Agreement, User also agree that your use of respective country’s trainwith website by the user agreement,  privacy policy and other rules and policies posted on those websites.

By electronically indicating your agreement to these Terms and conditions of use or accessing the Website or using any of the Content after you have had an opportunity to review these Terms and conditions of use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Website intend to form a legally binding contract between you and trainwith; (ii) that you have read and understood the contents of and agree to the terms and conditions of Use; (iii) that you agree and intend that these Terms and conditions of use be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms and conditions of use, you acknowledge that you have received a copy of these Terms and conditions of use by your viewing a web page containing a hyperlink to the web page where these Terms and conditions of use are displayed or otherwise; and (v) that if you are executing these Terms and conditions of use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on of such others.

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

Summary of Terms & Conditions

The use of this website is subject to the following terms of use:

1.       The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2.       Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.       Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4.       This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

5.       Description of Service: trainwith is an online platform that connects registered “Service Providers”  with individuals or entities (each as defined below) seeking their services via video, Audio, text chat, document collaboration and other services (collectively, the "Services") through our website, accessible at www.trainwith.net (the "Site")

6.       Key Service-Related Terms.

·         “User” or “Member” means a person or entity that completes trainwith account registration.

·         “Seeker” means a Member who uses the Site, Application or Services to access information and advice from other Members.

·         “Service Provider” means a Member Individual or Entity registered as a Service Provider  who offers information and advice to other Members and creates a Listing via the Site, Application or Services.

·         Services” mean any Online Service including Expert Counselling, Video Consultancy etc a User may receive from a Service Provider related to a User's trainwith account or the Services.

·         “Public Service Provider Profile” means a public profile by a “Service Provider” to provide the Services “Listed” via the Site, and Services.

·         “Listing” means an offer by a Service Provider to provide the Services via the Site, Application, and Services.

·         “Availability Calendar” means the respective Services Providers Availability Calendar exposed to users showcasing the ‘Bookable” date/s and time/s that the Service Provider will be available.

·         “Service Session” means an Audio-Video Meeting Session between the Service Provider Member who has listed his service and other Member or Members who have booked the Service.

·         “Service Booking” or “Appointment” means a scheduled Audio-Video call booked via the Services between Members in connection with and subject to the terms of a Listing.

·         "User Content" or “Member Content” means Content that a Service Provider or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

·         "Content" means text, graphics, images, software, audio, video, information or other materials."Collective Content" means, collectively, trainwith Content and User Content.

·         "trainwith Content" means Content that trainwith makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

·         “Tax” or “Taxes” mean sales taxes, value added taxes, goods and services taxes and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.

7.       How the Site and Services Work : The Site is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. trainwith’s  role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation.

8.       Geographical Perimeters: Seeker Users and Service Providers world-wide, with the exclusion of those countries subject to an economic embargo as a result of a UN resolution.

9.       Eligibility; Account Registration and Usage: To become a User you must be at least 13 years of age and only Users that are at least 18 years of age may purchase the Services. Users can register on the site using Direct Registration or Third Party Registration.

10.   Public Service Provider Profile & Availability Calendar: You (as a Service Provider) may create Public Service Provider Profile & Availability Calendar to offer your services to other Members vide registering as a “Service Provider” in your Account Registration.

11.   trainwith Additional Terms for Service Providers.

A.      Providing Service: The Service listings you provide on trainwith must be accurate, complete and not misleading.

B.      Agree to protect the privacy and legal rights of the customers of your Service: For Customers personal information, you must provide legally adequate privacy notice and protection. You may only use that information for the limited purposes for which the customer has given you permission to do so.

C.         trainwith has no obligation to display your Service listings.

D.      Verifying Provider details: trainwith  has no obligation verify information provided by you.

E.       Basic Use Requirements: Device capable of making a trainwith call and working Internet access.

F.       Customers of your Service must be 13 years of age or older.  If you are between 13 and 18 years of age, you must have permission from a parent or legal guardian.

G.     Pricing and Payments: You may choose to provide a Service for free or for a fee. To charge a fee for your Service you must agree to the payment processing terms.

H.      You may be charged subscription and fees as specified in the Service Provider Service Fees.

I.        Other Payment Processing Methods: trainwith may make available to you various payment processing methods to facilitate the collection of fees for Services. You must abide by any relevant terms and conditions or other legal agreement in such case.

J.          Cancellation policy.  You may be required to choose a Cancellation Policy.

K.      Special Refund Requirements: The trainwith Payment Processing System used (or payment processor’s) terms and conditions regarding refunds will apply except when you authorize trainwith to give your customer a full refund of the Service fee on your behalf in the event that you cancel the Service Booked, or under the terms of the trainwith  Money Back Guarantee.

L.       Recorded Service Sessions: You may record a Service Session if both you and your customer consent to the recording.

M.    Misuse of the Service: There is an option available in the Service to report abuse.

N.     Access to Data in the Service : trainwith or its agents may access and review Service Session recordings, messages or other private information in the Service for any reason, including to provide customer service and to review claims of abuse.

O.     Indemnification : You are solely responsible for, and trainwith has no responsibility to you or to any third party for any Service Sessions you offer or provide.

12.   Appointments and Financial Terms: Service Providers. You will be required to either re confirm or reject booking against your listing done by a customer within the specified time limit, unless Listing shown does not need reconfirmation. Appointment Fees are quoted in each Listing as set by you. In consideration of the Services, trainwith charges you a fee (the “Service Provider Service Fee”) based on a percentage of Service Fees collected. At the conclusion of each completed Appointment, based on Pre Authorisation from the Service Seeker, trainwith calculates the appropriate Service Fee payable by the Seeker along with the applicable Service Fee Rate. After deducting the applicable Service Provider Service Fee, trainwith remits the balance of the Appointment Fee to you via its third party provider. Service Provider Service Fees are non-refundable. trainwith Service Providers are required to enrol into a Recurring Subscription Rate Plan. You acknowledge and agree that trainwith reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings.

13.   Service Providers Listing Rate Plans: trainwith accepts all major credit and debit cards as well as PayPal. All plans require a recurring subscription and are billed in advance of the billing cycle on a monthly or annual basis..

14.   No Endorsement. trainwith does not endorse any of its Members.

15.   Appointments and Financial Terms: Seekers. In order to pay for Services purchased via the Site and Services, except in connection with a Trial or Discovery Period, Seeker Users must provide valid payment information before connecting with a Service Provider.

16.   Specific Obligations of Users Using the Site. (Link to this section)

17.   General Financial Terms. (Link to this section)

18.   All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

19.   Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

20.   From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

21.   You may not create a link to this website from another website or document without trainwith’s  prior written consent.

22.   This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Cookies are used with the primary purpose to make our website work more effectively.

23.   Your use of this website and any dispute arising out of such use of the website or its contents is subject to the laws of India and to be dealt first by compulsorily arbitration and if needed, in the courts of Bangalore, Karnataka.

§  Disclaimers

 

 

DETAILED TERMS & CONDITIONS

1.      DESCRIPTION OF SERVICE

trainwith is an online platform that connects registered “Service Providers”  with individuals or entities (each as defined below) seeking their services via video, Audio, text chat, document collaboration and other services (collectively, the "Services") through our website, accessible at www.trainwith.net (the "Site"). The Services include the ability for Users and Service Providers to interact via the trainwith platform's interface or other methods as may be made available by trainwith from time to time. The Services are accessible at www.trainwith.net and any other websites through which makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”)

You fully understand and agree that trainwith is not a party to any agreements entered into between members (as defined below).

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION BETWEEN USERS AND SERVICE PROVIDERS FEATURED ON THE SITE AND VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT trainwith IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT trainwith ACTS ONLY AS AN INTERFACE TO FACILITATE COMMUNICATIONS BETWEEN USERS AND SERVICE PROVIDERS AND TO COLLECT PAYMENT FROM USERS ON BEHALF OF SERVICE PROVIDERS.  SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF trainwith. trainwith HAS NO CONTROL OVER THE CONDUCT OF USERS, SERVICE PROVIDERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these User Terms of Service and terms and conditions posted for a specific area of the Site, 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, Services or Collective Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, SEARCHING FOR A SERVICE PROVIDER VIA THE SITE OR SERVICES, OR BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE USER TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE USER TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR COLLECTIVE CONTENT. If you accept or agree to these User Terms of Service 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 User Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Changes to these terms

trainwith has the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site or Services after we have posted a modification on the Site you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and services.

2.      KEY SERVICE-RELATED TERMS

“User” or “Member” means a person or entity that completes trainwith account registration process as described under “User Account Registration” below, and includes, without limitation, Service Providers and Seekers.

“Seeker” means a Member who uses the Site, Application or Services to access information and advice from other Members.

“Service Provider” means a Member Individual or Entity registered as a Service Provider  who offers information and advice to other Members and creates a Listing via the Site, Application or Services.

“Services” mean any Online Service including Expert Counselling, Video Consultancy, tutoring or educational services a User may receive from a Service Provider related to a User's trainwith account or the Services.

“Public Service Provider Profile” means a public profile by a “Service Provider” to provide the Services “Listed” via the Site, and Services. This Public Service Provider Profile essentially is the “Listing” or offering of the expert along with the associated Public “Availability Calendar” of the Service Provider.

“Listing” means an offer by a Service Provider to provide the Services via the Site, Application, and Services.

“Availability Calendar” means the respective Services Providers Availability Calendar exposed to users showcasing the ‘Bookable” date/s and time/s that the Service Provider will be available to deliver the listed Service.

“Service Session” means an Audio-Video Meeting Session between the Service Provider Member who has listed his service and other Member or Members who have booked the Service.

“Service Booking” or “Appointment” means a scheduled Audio-Video call booked via the Services between Members in connection with and subject to the terms of a Listing.

"User Content" or “Member Content” means Content that a Service Provider or User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Lesson Services or otherwise, including, but not limited to, Questions and related answers posted by Users and Experts via the Services.

"Content" means text, graphics, images, software, audio, video, information or other materials.

"Collective Content" means, collectively, Content and User Content.

"trainwith Content" means Content that trainwith makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.

 

 

3.      HOW THE SITE AND SERVICES WORK

The Site is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. You may view Service Provider Public Profiles & associated Availability Calendar of the Service Provider as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services or post a Listing, you must first register to create an trainwith Account (as defined below).

trainwith’s  role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation (see www.trainwith.net/features for more details).  Further the Site and Services can be used to facilitate the provision of Services via our online platform and its video, Audio and text chat and document collaboration etc interface. As stated above, trainwith makes available a platform with related technology for Service Providers to connect with Seeker Users online and conduct an online Audio-Video based interaction Services via our online interface as requested by Users. trainwith is not a provider of Service Provider’s listed services. trainwith's role is solely to facilitate the availability of the Site and Services. Similarly, trainwith is not a contracting agent or representative of any Service Provider or User. Service Providers are not employees, agents or contractors of trainwith. Instead, trainwith’s role is solely to facilitate the availability of the Site and Services for Users and Service Providers.

Also, as part of the Services, Users may post Service questions via the Services to be answered by Service Providers via the Services (“Questions”). Please note that although any Questions that a User posts may/will be publicly viewable via the Services, and trainwith does not guarantee that any Questions will be answered, and, if such Questions are answered, that the answers to such Questions will be correct.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND SERVICE PROVIDERS FOR THE PROVISION OF LISTED SERVICES ONLINE BY THE SERVICE PROVIDER. trainwith CANNOT AND DOES NOT CONTROL THE ACTIONS OF ANY SERVICE PROVIDERS, USERS OR OTHER USERS OF THE SITE AND SERVICES. trainwith IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACTIONS OF SERVICE PROVIDERS, USERS, THIRD PARTIES AND OTHER USERS OF THE SITE AND SERVICES. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS, SERVICE PROVIDERS OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF SERVICES PROVIDED BY SERVICE PROVIDERS ARE DONE AT THE USER'S SOLE RISK.

4.      GEOGRAPHICAL PERIMETERS

The platform, trainwith is directed at Seeker Users and Service Providers world wide, with the exclusion of those countries subject to an economic embargo as a result of a UN resolution.

 

Recognizing the global nature of the Internet, you agree to comply with all applicable national, state, or local ordinances, including but not limited to regulations involving online conduct and permissible content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data imported into, or exported from India, the United States or the country in which you reside.

 

5.      ELIGIBILITY; ACCOUNT REGISTRATION AND USAGE

You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these tos, and to abide by and comply with these terms.

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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, Book, purchase or bid for any Services Listed on the Website. As a minor if you wish to purchase or sell a Service on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. trainwith reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to trainwith’s notice or if it is discovered that you are under the age of 18 years.

5.a  USER ACCOUNT REGISTRATION

Direct Registration: To become a User you must be at least 13 years of age and only Users that are at least 18 years of age may purchase the Services (defined below). Any purchase of Services by anyone under 18 is expressly prohibited and by doing so you represent and warrant that you are 18 or older. You may register directly via the Site or Application or as described in this section.

To access certain features of the Site and Application and to create a Public Service Provider Profile & Listing, you must register to create a Service Provider account (“Service Provider Account”) become a Service Provider Member using the “Free Trail Service” (defined below) if any offered or vide the “Paid Plans” (defined below).

As part of the Services, a User can add other Users or individuals to his or her Account (“Multi-User Accounts”), where the User who creates a Multi-User Account (the “Administrator”) can purchase Services to be used by other individuals or Users. Each such individual or User is referred to as an “Authorized User”. Via the Services, the Administrator can monitor the progress of Authorized Users. Without limiting any other terms of these User Terms of Service, as an Administrator you understand and agree that you will ensure that all Authorized Users comply with the terms and conditions of these User Terms of Service and will be liable for any violations thereof by your Authorized Users.

Third Party Registration: 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, Twitter and LinkedIn); 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 trainwith Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to trainwith through the Site, Services or Application; or (ii) allowing trainwith to access your Third Party Account, as is 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 trainwith and/or grant trainwith 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 trainwith to pay any fees or making trainwith subject to any usage limitations imposed by such third party service providers.

By granting trainwith access to any Third Party Accounts, you understand that trainwith 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 trainwith Account and trainwith 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, personal information that you post to your Third Party Accounts will be available on and through your trainwith Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable, or trainwith’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 trainwith 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. trainwith makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and trainwith is not responsible for any SNS Content.

Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

 

Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you, as described in Booking/Buying-as-guest Section.

 

We will create your trainwith Account and your trainwith Account profile page for your use of the Site and Application based upon the information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active trainwith 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. trainwith reserves the right to suspend or terminate your trainwith Account and your access to the Site, Application and Services if you create more than one (1) trainwith Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding and maintaining the confidentiality of your login information and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You will immediately notify trainwith of any unauthorized use of your password or Account.

You agree that you will not permit, enable, introduce or facilitate (I) persons who do not have an Account to have access to or use the features of the Site and Services only made available to Users; and (ii) other Users to use a specific Session or Service through your Account, including at the same time that you are doing so.

6.      PUBLIC SERVICE PROVIDER PROFILE & AVAILABILITY CALENDAR

You (as a Service Provider) may create Public Service Provider Profile & Availability Calendar to offer your services to other Members vide registering as a “Service Provider” in your Account Registration; either using Direct Registration or thru the Third Party Registration process described in the User Registration Section above and opting for the “Free Trail Service” (defined below) if any offered or using the “Paid Plans” (defined below).

For “Service Provider” Account Registration, you may need to provide information regarding the Service you offer, update your associated Availability Calendar that highlights the Bookable dates and time that you will be available as well as pricing and other financial terms applicable to your offering. Listings and the associated Availability Calendar will be made publicly available via the Site, Application and Services.

Seekers will be able to schedule an Appointment with you via the Site, Application and Services based upon the information provided in your Public Service Provider Profile & associated Availability Calendar. You understand and agree that once a Seeker requests an Appointment, the price quoted under your Listing may not be altered.

You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with Seekers (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that trainwith assumes no responsibility for the content of Listings or for any Member’s compliance with any applicable laws, rules and regulations.

You understand and agree that trainwith’s not involved in the interactions between Members and does not refer or endorse or recommend particular Service Providers to Seekers. You also understand and acknowledge that trainwith does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, trainwith is not party to any agreements entered into between Members.

trainwith reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that trainwith, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You acknowledge and agree that, as a Service Provider, you are responsible for your own acts and omissions.

7.      trainwith ADDITIONAL TERMS FOR SERVICE PROVIDERS.

Users registering as Service Provider Member’s on trainwith agree to be bound by trainwith Terms of Service (“trainwith ToS”); ie this agreement, trainwith Privacy Policy, the trainwith Product Policies, and the additional terms below (the “Additional Terms”), all of which together are referred to as the “Terms”.

The provision of the trainwith service as described in these Terms is a “Service” as defined in the trainwith ToS. By providing a Service as a Service Provider on trainwith, agree to these Terms. It is important for you to read each of these documents, as they form a legal agreement between you and trainwith regarding your use of the Service.

A.      Providing Service.  The Service listings you provide on trainwith must be accurate, complete and not misleading.  You agree to not misrepresent in any way, whether material or not, any aspect of your identity, background, skills, qualifications, credentials, regulated status or professional standing when using the Service. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. You agree to comply with all applicable laws and regulations in the jurisdictions in which you provide or offer to provide a Service on trainwith. If your offer or provision of a Service requires a license or other regulatory approval, you must first obtain that license or approval and remain in good standing before offering or providing the Service. 

 

B.      You agree to protect the privacy and legal rights of the customers of your Service. If your customers provide you with personal information, you must provide legally adequate privacy notice and protection for those customers. Further, you may only use that information for the limited purposes for which the customer has given you permission to do so.

 

C.      trainwith has no obligation to display your Service listings and reserves the right to display listings to customers in any manner determined by trainwith, including but not limited to the right to move a listing to a more appropriate category.

 

D.      Verifying Provider details. trainwith may in some instances attempt to verify certain information provided by you, although trainwith has no obligation to do so.

 

E.       Basic Use Requirements. To use the Service, you will need a device capable of making a trainwith call and working Internet access.  

 

F.       Age Restrictions. You must be 18 years of age or older to provide Service on trainwith. Customers of your Service  must be 13 years of age or older (customers between 13 and 18 years of age are told in the trainwith Additional Terms for Customers  that they must have permission from a parent or legal guardian to use the Service). You must not access the Service or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Service under the laws of the country in which you are resident or from which you access or use the Service.

 

G.     Pricing and Payments. You may choose to provide a Service for free or for a fee. To charge a fee for your Service you must agree to the payment processing terms as specified in the trainwith Payment Processing Terms of Service. You may not collect fees for a Service outside of trainwith Payment Processing method which is made available for this purpose by trainwith. You may set the price for your Service in the currencies permitted by trainwith Payment Processing Service. The price of your Service may be displayed in your customer’s local currency; however, trainwith is not responsible for the accuracy of currency rates or conversion. 

 

H.      You may be charged a fee to use the Service, as specified in the Service Provider Service Fees Section (which may be revised by trainwith from time to time).

 

I.        Taxes: You are responsible for determining if a Service Offered by you is taxable and the applicable tax rate for trainwith Payment Processing system to collect for each taxing jurisdiction where the Services are sold. You are responsible for remitting taxes to the appropriate tax authority. You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

 

J.        Other Payment Processing Methods.  trainwith may make available to you various payment processing methods to facilitate the collection of fees for Services. You must abide by any relevant terms and conditions or other legal agreement, whether with trainwith or a third party, that governs your use of a given payment processing method. trainwith may add or remove payment processing methods at its sole discretion and without notice to you.

 

K.      Cancellation policy.  You may be required to choose a Cancellation Policy for your Service Listing from the options provided, as described in the Cancellation Policy.

 

L.       Special Refund Requirements.  The trainwith Payment Processing System used (or payment processor’s) terms and conditions regarding refunds will apply except that you authorize trainwith to give your customer a full refund of the Service fee on your behalf in the event that you cancel the Service Booked, or under the terms of the trainwith  Money Back Guarantee.

 

M.    Recorded Service Sessions.  You may record a Service Session if both you and your customer consent to the recording. Both you and your customer will receive a copy of the recording after the Service has finished. Separately trainwith may record a Service Session: (i) for quality assurance purposes; or (ii) in response to a report of abuse as detailed below under “Misuse of the Service”.  More details about recordings are provided in the Recording of Session policy.

 

N.     Misuse of the Service.  There is an option available in the Service to report abuse. A report of abuse may trigger a recording of the Service Session in progress.

 

O.     Non payment: trainwith reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to trainwith. trainwith also reserves the right to take legal action in case of non-payment of fees by you to trainwith.

 

P.      Access to Data in the Service.  trainwith or its agents may access and review Service Session recordings, messages or other private information in the Service for any reason, including to provide customer service and to review claims of abuse. All such information will be handled in accordance with the trainwith Privacy Policy, unless stated otherwise.

 

Q.     Indemnification.  You are solely responsible for, and trainwith has no responsibility to you or to any third party for any Service Sessions you offer or provide. You agree to hold harmless and indemnify trainwith and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to your use of the Service or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

8.      APPOINTMENTS AND FINANCIAL TERMS : SERVICE PROVIDERS

Before signing up as a Member, becoming a Client, booking a Session or becoming an Expert, you need to familiarize yourself with the terms and conditions of our Payment Processing Providers for the use of respective payment provider’s e-Money. These Terms are available on our website and attached to this page as the “Terms and Conditions of Payment Providers”.

Service Booking, Appointments and Financial Terms for Service Providers: If you (as a Service Provider) have received Service Booking or an Appointment request from a Member, you will be required to either re confirm or reject the request within the specified time limit as listed in your Service Listing & associated Availability Calendar. In the event of a Service Listing with a particular Time Slot marked as requiring re confirmation from you, if the re confirmation from your side is not received within the defined Time Limit set in the Availability Calendar, then the request will be automatically cancelled.

If the Service Listing and the Particular Time Slot Booked is listed as not requiring a Re Confirmation in your associated Availability Calendar, then the Booking will be automatically confirmed to the Seeker Member.

The creation of an Service Provider account includes the creation of an “Account” as defined under the Terms and Conditions of our Payment Providers. Acceptance of a trainwith booking by a member constitutes a “Transaction” as defined under the Terms and Conditions of our Payment Providers.

When an Appointment is booked with you via the Site, Application and Services, we will share with you (i) the first and last name of the Seeker who has requested the Appointment, and (ii) a link to the Seeker’s trainwith Account profile page.

When you confirm an Appointment request or in the case of automatically confirmed Appointments, trainwith will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

The amount due and payable by a Seeker relating to Appointment time with you is referred to as a “Appointment/Session Fee”. Appointment/Session Fees are quoted in each Listing, in INR if the Service Seeker is from India or in U.S. dollars for any non-Indian Service Seekers (as defined by their Profile Listing and or the originating IP of the device used for booking the Service) and in a price per minute format (the “Appointment/Session Fee Rate per Minute”) or a “Flat Appointment/Session Rate”, as applicable based on the Listing provided by you for that particular slot. Please note that it is Service Providers, and not trainwith, which set all Service Fee Rates.

In consideration of the Services, trainwith charges you a fee (the “Service Provider Service Fee”) based on a percentage of “Appointment/Session Fee” Fees collected on your behalf. The current applicable percentage is twenty per cent (20%). The Service Provider Service Fee is deducted from the “Appointment/Session Fee” Fee payable to you in respect of an Appointment and associated service.

On Confirmed Bookings, trainwith, takes a Pre Authorisation from the Service Seeker for the estimated value of the Service based on your Listing and the Slots/Time Limits required by the Service Seeker and at the conclusion of each Appointment, trainwith calculates the appropriate Service Fee payable by the Seeker along with the applicable “Appointment/Session Fee” Rate.

After deducting the applicable Service Provider Service Fee, trainwith remits the balance of the Appointment Fee to you via its third party provider (Example : www.stripe.com or such other payment methods) as may be listed on the Site or via the Application. Except as otherwise provided herein, Service Provider Service Fees are non-refundable.

If you are located in India and own a Bank Account in India, you can withdraw your current balance at any time at no additional cost. If you are located outside India or don’t own a Bank Account in India you can withdraw your earnings as soon they reach an amount above INR 10,000/- .

All transaction costs associated with withdrawals to Bank Accounts outside India are paid by trainwith. We created the threshold INR 10,000/- due to these transaction costs.

Please note that trainwith Service Providers are required to enrol into a Subscription Listing Rate Plan to register and enrol as a Service Provider. The Service Provider Listing Rate will be based on the Plan Subscribed and will be applicable for the duration of the Subscription opted for. You acknowledge and agree that trainwith reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that trainwith will provide notice of any Listing fee Rate Plan Changes via the Site, Application and Services, in accordance with these Terms, prior to implementing any Rate Plan changes and these changes will be applicable only post the end of your currently enrolled Plan duration if you are already enrolled into a Particular Rate Plan.

9.      SERVICE PROVIDERS LISTING RATE PLANS

trainwith accepts all major credit and debit cards as well as PayPal. All plans require a subscription and are billed in advance of the billing cycle on a monthly or annual basis. The recurring charge will be automatically debited from your card or PayPal account, depending on the payment method and billing cycle you selected. When you upgrade or add licenses, the change will take effect immediately. Your original billing date will not change and your first payment will be prorated accordingly. When you downgrade or remove licenses, or make a billing cycle change, the change will only take effect at the end of the current billing cycle.

trainwith may change the fees and charges in effect, or add new fees and charges from time to time. If we increase prices for a service to which you are already subscribed, we will give you advance notice of these changes by email, and allow you to opt out. Otherwise, you authorize us to charge your card or PayPal account for such varying amounts. trainwith may also periodically authorize your credit card in anticipation of account or related charges. trainwith allows you to add one or more backup cards. When you add a backup card, you authorize us to automatically charge your backup card if the main card fails.

If any fee is not paid in a timely manner, or if trainwith is unable to process your transaction using the card or PayPal information provided, trainwith reserves the right to revoke access to your account. If you do not bring your balance current within 30 days, trainwith reserves the right to permanently delete your account. It is your responsibility to keep your contact information and payment information current and updated.

Your trainwith plan will continue in effect unless and until you cancel it, or we terminate it. You must cancel your plan no later than three days before it renews each period in order to avoid billing of the next period's fees to your card or PayPal account. All trainwith plans are prepaid and are non-refundable. trainwith does not provide refunds or credits for any partial billing periods. There will be no refunds also in the following explicit cases: unavailability of the service, non-use of the service, Termination by trainwith of your Account for Breach of trainwith ToS or when the functionality of the service has changed.

trainwith reserves the right to impose a reconnection fee in the event your account is suspended and you decide to reopen your account again at a later date. You agree and acknowledge that trainwith has no obligation to retain customer data and that such customer data may be irretrievably deleted if your account is delinquent.

FREE TRIALS

trainwith may offers free trials on all plans. Free trials are fully functional and do not require any payment information. If you do not upgrade the free trial to a paid plan, your access to the free trial account will be suspended after the notified Trail Period. You will then have 30 days in which you can upgrade your suspended free trial to a paid account. After that, trainwith reserves the right to permanently delete your free trial account.

10.  NO ENDORSEMENT

As stated above, trainwith does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services.

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 and you agree not to attempt to impose liability on, or seek any legal remedy from trainwith with respect to such actions or omissions.

 

11.  APPOINTMENTS AND FINANCIAL TERMS : SEEKERS

Before signing up as a Member, becoming a Client, booking a Session, you need to familiarize yourself with the terms and conditions of our Payment Processing Providers for the use of respective payment provider’s services. These Terms are available on our website and attached to this page as the “Terms and Conditions of Payment Providers”.

Purchasing Services

In order to pay for Services purchased via the Site and Services, except in connection with a Trial or Discovery Period (described below), Users age 18 years of age or older must provide valid payment information before connecting with a Service Provider. Services may be purchased in four (5) forms: (i) on a per minute basis; (i) on a Flat Per Session Rate basis (iii) as a pre-paid weekly or monthly subscription package;  (iv) as a standard pre-paid package; or (iv) bid for against a base per minute basis rate initially put up by the service provider and the winning top bidding user will be able to avail the service in this case. Services purchased on a per minute basis are charged based upon the time of use of the Services, with a minimum of five (5) minutes per Services session. Services purchased on a Flat Fee basis are charged based upon the Flat Fee Listed by the Service Provider.

On Confirmed Bookings, trainwith, takes a Pre Authorisation from the Payment Instrument or Mechanism provided by the Service Seeker for the estimated value of the Service based on the Service Provider Listing and the Slots/Time Limits required by the Service Seeker and at the conclusion of each Appointment, trainwith calculates the appropriate Service Fee payable by the Seeker and the same will be charged to Service Seeker.

All Services purchased as a pre-paid package will be billed at the time of package selection. Services purchased as a pre-paid subscription package are charged on a weekly or monthly basis depending upon the selections made via the Services at the time of choosing a subscription (the “Pre-Paid Minimum”). Any time for Services used beyond the Pre-Paid Minimum will be billed to your Account on a per-minute basis. All Services fees are charged in INR if you are a Service Seeker from India or in USD currency for non India based Seeker Users. Detailed information about pricing for Services is available on the FAQ page.

You (as a Seeker), not trainwith, are solely responsible for honouring any confirmed Appointments. If you choose to enter into a transaction with a Service Provider by scheduling an Appointment via the Site or Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not trainwith, will be responsible for performing the obligations of any such agreements, and trainwith is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

You agree to pay trainwith all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that trainwith reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card for the estimated Services fees for the required Booking. In addition at the time of Registering your Account, you understand and agree that trainwith reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one U.S. dollar ($1), in order to verify your credit card.

At the end of each Appointment, trainwith will process and collect the Appointment Fees payable in accordance with these Terms and the terms of the Listing. Please note that trainwith cannot control any fees that may be charged to a Member by his or her bank related to trainwith’s Pre Authorization request made on your card for the required Booking or for the trainwith’s collection of the Appointment Fees, and trainwith disclaims all liability in this regard.

In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to trainwith or its third party payment processor. You agree to pay trainwith for any consummated Appointments in accordance with these Terms, by one of the methods described on the Site or Application – e.g. by www.stripe.com. You hereby authorize the collection of such amounts by Pre Authorizing and later charging the credit card provided as part of requesting the Appointment, either directly by trainwith or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to trainwith’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.

All commercial / contractual terms are offered by and agreed to between Seeker Users and Service Providers alone. The commercial / contractual terms include without limitation price, other costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. trainwith does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers/ Seeker Users and sellers/ Service Providers.

trainwith is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User).  trainwith cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. trainwith shall not and is not required to mediate or resolve any dispute or disagreement between Users.

Trials and Discovery Services

trainwith may offer free or discounted trials or Discovery sessions with Service Providers during which Users may use the Services to receive Services from Service Providers for the time period specified in the promotional offer (“Trial Period”). In order to use the Services during a Trial Period, you will be required to provide payment information as described in the section titled “Purchasing Services” above. Trials may not be combined with any other offer and are only available to Users who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. trainwith reserves the right, in its sole discretion, to revoke any Services time made available to you or purchased by you in connection with a Trial Period if it believes that you have created multiple Accounts via the Services. At the conclusion of the Trial Period, you will be billed for any time used beyond the specified Trial Period as described herein and via the Services.

Questions

As noted above, Users may post Questions via the Services to be answered by Service Providers via the Services. In connection with posting a Question, you may be able to specify the amount of time you would like a Service Provider to spend answering such Question. If no time is specified by you via the Services, we will estimate a default time of 15 minutes. The time that you specify via the Services or the default time will be considered as Services time and such Services time will be deducted from your Account or we will charge your payment method for such time, depending on your Account purchase and subscription settings, within a reasonable time after your Question is answered by a Service Provider via the Services. trainwith cannot guarantee the actual amount of time that a Service Provider spends answering any Question and disclaims any and all liability in this.

Coupons & Credits

You may receive Coupons & credits for Services time (“Service Credits”). Service Credits accrued in multiple Accounts may not be combined into one Account. Except as explicitly provided herein, Service Credits are non-transferable and, except where required by law, cannot be redeemed for cash, check or credit, applied to any other Account and have no value outside of the Site and Services. Any attempt to do any of the foregoing is in violation of these User Terms of Service and will result in an automatic termination of your rights to use the Service Credits.

Service Credits may be provided to you in the following instances: (i) if you choose to participate in the trainwith Referral Program (defined below) or (ii) if your Service Provider in their discretion extends to your Service Credits from their account based on the transaction between you and the service provider.  Decisions related to Service Credits will be made in trainwith's sole discretion. Notwithstanding any other terms of these User Terms of Service, trainwith may terminate, suspend or discontinue the offer of Service at any time for any reason, in its sole discretion, with or without notice to you.

Bidding and Booking

 

All bids (under the Auction format) and all Booking / purchases (under the ‘Book Now’ format) on the Website are a firm commitment to purchase. If you are the purchaser/highest bidder for any Service Provider time/Listing or and your purchase/ bid is accepted by the Service Provider ("Winning buyer"), you are obligated to complete the transaction with the Service Provider/seller.

 

An action to Book/purchase or bid may be increased in price or volume/ time later but may not be withdrawn. Purchases/Bids cannot be cancelled. By purchasing/bidding for a Service Provider time/Listing you agree to be bound by the conditions of sale included in the Service Provider time/Listing idescription (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful.

 

trainwith strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card / paymate, oxicash/ zipcash and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to bid. Willfully entering erroneous or fictitious bids may result in prosecution by trainwith.

 

 

Please be aware that even if you do not give trainwith your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the Service Provider after the auction is closed.

 

Priority in Bidding

 

In order to qualify and be identified as a successful bid, the following priority parameters will be followed:

 

a)      Price: The higher price bids always supersedes the lower price bids;

b)      Quantity: Between bids of the same price, the bid for the higher quantity shall supersede;

c)       Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. trainwith's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.

 

Auction Close

An auction will be considered as successfully closed if it receives the minimum required as specified in the listing prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted.

After the auction close, the winning bid/bidders will be selected and given booking for the Event or the Service they have won the bid for. The payments collected from other bidders will be returned after deduction of the payment transaction fees applicable.

12.  SPECIFIC OBLIGATIONS OF ALL USERS USING THE SITE

As a User in search of or engaging Service Providers or as a Registered Service Provider, you agree that:

·         You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or Booking  a Service Provider or registering for a Service offered;

·         If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting a Service Provider, or registering for a Service offered.

·         "Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration (as Registered User or as Guest User), bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

a)      belongs to another person and to which You does not have any right to

b)      is unsolicited or is unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);

c)       is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

d)      violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

e)      is fraudulent, false, misleading or deceptive;

f)       promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

g)      is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances;

h)      harm minors in any way;

i)        infringes any patent, trademark, copyright or other proprietary rights or  third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

j)        reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Submitted Content or other content obtained from any Company Products without our express written permission or the permission of the Service Provider who authored such Submitted Content, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to an Service Provider as part of a Course or Service Offering;

k)      violates any law for the time being in force;

l)        deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

m)    impersonate another person;

n)      contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

o)      threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

p)      shall not be false, inaccurate or misleading;

q)      shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

r)       shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

s)       shall not link directly or indirectly to or include descriptions of items, goods or services that:

·         are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;

t)       In the event that any transaction or attempted transaction relating to any service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform trainwith of the same

 

13.  GENERAL FINANCIAL TERMS

Refunds

You (as a Seeker) may cancel an Appointment as per the cancellation policy defined against the specific Listing of the Service Provider. You will not be able to cancel a call without penalty if you have already initiated the call with the Service Provider via the Services. If you have been improperly charged for an Appointment that was cancelled and require a refund, please contact trainwith.net at support@trainwith.net

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. trainwith cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.

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 Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder  as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your service items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside India.
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
• use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
• 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, 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 or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to service offered;
• "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a trainwith Member;
• register for more than one trainwith Account or register for a trainwith Account on behalf of an individual other than yourself;
• recruit or otherwise solicit any other Member to join third party services or websites that are competitive to trainwith, without trainwith’s 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 or otherwise interact with the Site, Application or Services;
• use the Site, Application and Services to find a Service Provider and then complete a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any fees related to trainwith’s provision of the Services;
• as a Service Provider, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor;
• 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 or Application, or any individual element within the Site, Services, or Application, trainwith’s name, any trainwith trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without trainwith’s express written consent;
• access, tamper with, or use non-public areas of the Site or Application, trainwith’s computer systems, or the technical delivery systems of trainwith’s providers;
• attempt to probe, scan, or test the vulnerability of any trainwith system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by trainwith or any of trainwith’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; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

 

trainwith will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. trainwith may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that trainwith 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 the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. trainwith reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that trainwith, 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.

Implementation of the technical environment of the platform

trainwith.net is committed to implementing and maintaining the technical environment necessary for the proper functioning of the platform- trainwith.

As such, trainwith.net maintains the hardware, software and services necessary to transmit, receive, translate, record and store trainwith.net messages with its agreements in place with various Service Providers.

trainwith.net  is committed to implement any means appropriate for the proper functioning of the PLATFORM as required in order to meet the objectives described below:

•Availability of the PLATFORM for more than 98% per month.

•Security of files by the use and implementation of safeguards

•Optimize the ergonomics of the platform.

•Provide an administrative Service.

 

trainwith.net will make efforts  to implement and maintain sufficient procedures and security measures in order to ensure the protection of data as submitted by Seeker Users and Service Providers against the risks of unauthorized access, modification, destruction or loss of data.

The USER is informed that one or more cookies containing no personal information may be placed on their hard drive to ensure its identification and the history of any changes. Procedures and security measures include origin verification, integrity verification, non-repudiation of the origin of receipt and the confidentiality of data provided with regard to third parties who are not authorized to access it.

If the procedures and security measures implemented by trainwith.net  lead to the rejection of one or more documents or the detection of an error in these documents, trainwith.net  will inform the affected User & Service Provider within a reasonable period of time.

The functionality of the trainwith platform and its development are defined by trainwith.net.

The evolution of the platform is also envisaged in terms of its technical and functional dimensions. To this end, trainwith.net will, at its discretion, take any decisions on ergonomic, technical, aesthetic, functional matters etc. that it deems to be appropriate for the correct development of the trainwith platform .

The USER hereby consents, in line with these terms and conditions, to any technical, graphic or functional development which would allow the functioning of the trainwith.net platform to be optimized.

Privacy

See trainwith’s Privacy Policy at www.trainwith.net/privacy for information and notices concerning trainwith’s collection and use of your personal information.

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of India, the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of trainwith 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.

When you choose to purchase Services via the Site and Services, you will be required to provide customary billing information such as your name and payment method. You agree to pay trainwith for any for an Services used or ordered by you or any other User of your Account and you hereby authorize the collection of such amounts by charging your chosen payment method, either directly by trainwith or indirectly, via a third party online payment processor. If you are directed to trainwith's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to use of the Site and Services via your Account, if any. All fees for Services are non-refundable, except as expressly provided in these User Terms of Service and you agree all sales are final. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for the amount of the purchase. The selection of and pricing related to Services offered via the Site and Services may change at any time, in trainwith's sole discretion.

Users will receive an email summary within a commercially reasonable time after the Services session is completed. If for some reason there is a discrepancy concerning Services charges, please contact us at support@trainwith.net. trainwith may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at trainwith's sole discretion. Notwithstanding the foregoing, trainwith is not responsible if your Account is accessed or used by a third party without your permission.

trainwith Referral Program

As a Member, by referring your friends to register and join trainwith, you may participate in our “Referral Program”. If you choose to participate in the Referral Program, for friends you refer to trainwith for which a Qualifying Referral (defined below) is completed, you may receive Service Credits via the Services. The amount of Service Credits you may receive in connection with a Qualifying Referral will be determined by trainwith in its sole discretion. trainwith may also provide Service Credits to the friend who is the subject of a Qualifying Referral, in its sole discretion.

In order to receive a Service Credit in connection with the Referral Program, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Account and choose to share a unique referral link made available via your Account; (ii) you must share the link provided with friends via SNS, by copying and pasting the unique referral link generated via the Services, or by sending the unique referral link generated via the Services in an email to your friends; and (iii) a friend who clicks the link via an SNS or otherwise or clicks the link contained in the email must create a trainwith Account, become a User and receive Services. Service Credits, if any, will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. Notwithstanding any other terms of these User Terms of Service, trainwith may terminate, suspend or discontinue the Referral Program at any time for any reason, in its sole discretion, with or without notice to you.

Interaction with Service Providers and Use of Service Provider Services

trainwith acts as a technology service that facilitates provision of Services between Users and Service Providers and does not make decisions related to the provision of Services or contents thereof. trainwith does not endorse any Service Provider and you are responsible for determining and confirming the identity and suitability of the Service Providers interacted with as a result of your use, or use by any third party, of the Site and Services. In addition, although the trainwith Service Provider Terms of Service require Service Providers to provide accurate information, we do not attempt to confirm, and do not confirm, any Service Provider's purported identity. We are not your agent or the agent of any Service Provider. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Service Providers or Users. trainwith does offer verification services to Service Providers registered on the Service and qualifies them as per the Verification Terms of Service and issues them a rating valid for the trainwith site. These verification services and their subject to trainwith Verification Terms of Service and you may refer these terms at the following Link: www.trainwith/VerficationServices . Notwithstanding any other terms of these User Terms of Service, trainwith may terminate, suspend or discontinue the Verification Services at any time for any reason, in its sole discretion, with or without notice to you.

By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree (i) any legal remedy or liability that you or such third party seek to obtain for actions or omissions of Service Providers, Users or other third parties will be limited to a claim against the particular Service Provider, User or the third parties who caused you, or such third party harm; and (ii) not to attempt to impose liability on, or seek any legal remedy from trainwith with respect to such actions or omissions. In addition, trainwith is not responsible for the use or exchange of any information or files between Service Providers and Users. Further, trainwith does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, legality or applicability of anything said or written by Service Providers or Users. Accordingly, we encourage you to communicate directly with others you may come into contact with as a result of your use of the Site and Services.

If you ever believe that another User or Service Provider has violated law or is defrauding, threatening or endangering anyone, trainwith urges you to immediately contact the police directly for help.

trainwith Licenses

Subject to your compliance with the terms and conditions of these User Terms of Service, trainwith grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any trainwith Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any User 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, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these User Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by trainwith or its licensors, except for the licenses and rights expressly granted in these User Terms of Service.

License granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site or Services, you hereby grant the following license to trainwith, which trainwith may exercise solely in connection with trainwith's provision of the Services: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to other users of the Services (including Service Providers, as applicable), to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. trainwith does not claim any ownership rights in any User Content and nothing in these User Terms of Service will be deemed to restrict any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to trainwith and to the rights in such User Content, as contemplated under these User Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or trainwith's use of the User Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Third Party Services

You understand and agree that provision of Services may require use of a third party website or service (each a "Third Party Service"). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. trainwith shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.

Copyright Policy

trainwith respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users, Service Providers or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at www.trainwith.net/copyrightfor further information.

Comments on Service Providers and Feedback

Service Provider Reviews. In connection with your receipt of Services, you may have the opportunity to leave feedback and make comments about your experience with the Service Provider with whom you have interacted (“Service Provider Reviews”) by filling out the review form made available via the Site. trainwith advises you to exercise caution and good judgment when leaving such comments. Once you submit your comments to via the Site you will not be able to go back and edit your comments, although you will have the option at the time of submitting the comments whether to make such comments publicly viewable via the Site. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. trainwith has no obligation to monitor or censor comments that are provided by Users, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. trainwith disclaims any and all liability relating to Service Provider Reviews. Notwithstanding the foregoing, trainwith does reserve the right, in its sole discretion, to remove any Service Provider Reviews that it deems to be inconsistent with the online activities that are permitted under these User Terms of Service.

Feedback. We invite you to provide trainwith with feedback, comments and suggestions for improvements to the Site and Services (collectively, “Feedback”). You may submit Feedback by emailing us at admin@gtipl.net You acknowledge and agree that all Service Provider Reviews and all Feedback will be the sole and exclusive property of trainwith. You hereby assign to trainwith and agree to assign to trainwith all of your right, title and interest in and to all Service Provider Reviews and Feedback, including all intellectual property rights therein. At trainwith's request and expense, you will execute documents and take such further acts as trainwith may reasonably request to assist trainwith to acquire, perfect and maintain its intellectual property rights and other legal protections for the Service Provider Reviews and Feedback.

You will not take any actions which may undermine the review system used to solicit feedback and comments from Users, including, without limitation, leaving negative comments if a Service Provider fails to perform some action that is outside the scope of the Lesson Services, or for another untruthful or malicious reason.

 

General Prohibitions

You agree not to do any of the following:

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 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 person or entity; or (vii) promotes illegal or harmful activities or substances.

You also agree not to:

·         Use, display, mirror or frame the Site, or any individual element within the Site or Services, trainwith's name, any trainwith trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without trainwith's express written consent;

·         Access, tamper with, or use non-public areas of the Site, trainwith's computer systems, or the technical delivery systems of trainwith's providers;

·         Attempt to probe, scan, or test the vulnerability of any trainwith system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by trainwith or any of trainwith's providers or any other third party (including another user) to protect the Site, Services or Collective Content;

·         Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by trainwith or other generally available third party web browsers;

·         Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

·         Use any meta tags or other hidden text or metadata utilizing a trainwith trademark, logo URL or product name without trainwith's express written consent;

·         Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these User Terms of Service;

·         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 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 or Collective Content;

·         Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;

·         Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

·         Impersonate or misrepresent your affiliation with any person or entity;

·         Violate any applicable law or regulation; or

·         Encourage or enable any other individual to do any of the foregoing.

trainwith will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. trainwith may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms of Service. You acknowledge that trainwith has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these User Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. trainwith reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that trainwith, at its sole discretion, considers to be in violation of these User Terms of Service or otherwise harmful to the Site or Services.

Links

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that trainwiths 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 trainwith 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.

Modification

trainwith reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these User Terms of Service, at any time and without prior notice. If we modify these User Terms of Service we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these User Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified User Terms of Service. If the modified User Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.

Termination and Account Cancellation

If you breach any of these User Terms of Service, trainwith will have the right to suspend or disable your Account or terminate these User Terms of Service, at its sole discretion and without prior notice to you. trainwith reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event trainwith terminates these User Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to support@trainwith.net.

 

 

 

 

Disclaimers

THE SITE, SERVICES AND INVITE PROGRAM ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. trainwith AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND INVITE PROGRAM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. trainwith DOES NOT WARRANT THAT THE SITE, SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE.

YOU ACKNOWLEDGE AND AGREE THAT trainwith DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. trainwith SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM trainwith OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT trainwith DOES NOT HAVE AN OBLIGATION TO CONDUCT REFERENCE CHECKS ON OR TO INTERVIEW OR SCREEN ANY USER OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SERVICE PROVIDERS, BUT MAY CONDUCT SUCH REFERENCE CHECKS OR INTERVIEWS IN ITS SOLE DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH SERVICE PROVIDERS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH SERVICE PROVIDERS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT trainwith DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF SERVICE PROVIDERS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES trainwith MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF SERVICE PROVIDERS, USERS AND OTHER USERS OF THE SITE OR SERVICES. trainwith MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SERVICE PROVIDERS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

Indemnity

You agree to defend, indemnify, and hold trainwith, its 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 your access to or use of the Site, Services or Collective Content, or your violation of these User Terms of Service.

 

 

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, SERVICES AND COLLECTIVE CONTENT, AND YOUR PARTICIPATION IN THE REFERRAL PROGRAM, REMAINS WITH YOU. NEITHER trainwith NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT OR REFERRAL PROGRAM 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, DAMAGES RESULTING FROM USE OF THE LESSON SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH A SERVICE PROVIDER IN PERSON, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH SERVICE PROVIDERS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT trainwith 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 trainwith'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, LESSON SERVICES, INVITE PROGRAM OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO trainwith FOR USE OF THE SITE, SERVICES, LESSON SERVICES OR COLLECTIVE CONTENT, IF YOU ARE HAVE MADE ANY PAYMENTS TO trainwith OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO trainwith, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN trainwith AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of trainwith used herein are trademarks or registered trademarks of trainwith. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These User Terms of Service and any action related thereto will be governed by the laws of India. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in India and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

This document is an electronic record in terms of Information Technology Act, 2000 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.

Your use of this website and any dispute arising out of such use of the website or its contents is subject to the laws of India and to be dealt first by compulsorily arbitration and if needed, in the courts of Bangalore, Karnataka.

Entire Agreement

These User Terms of Service constitute the entire and exclusive understanding and agreement between trainwith and you regarding the Site, Services, Invite Program and Collective Content, and these User Terms of Service supersede and replace any and all prior oral or written understandings or agreements between trainwith and you regarding the Site, Services, Invite Program and Collective Content.

Assignment

You may not assign or transfer these User Terms of Service, by operation of law or otherwise, without trainwith's prior written consent. Any attempt by you to assign or transfer these User Terms of Service, without such consent, will be null and of no effect. trainwith may assign or transfer these User Terms of Service (also known as “assign”), at its sole discretion, without restriction. Subject to the foregoing, these User Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these User Terms of Service, will be in writing and given: (i) by trainwith via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

You and trainwith agree that any dispute, claim or controversy arising out of or relating to these User Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Invite Program (collectively, "Disputes") shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.

Arbitration

If any dispute arises between you and trainwith during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, Payment Provider Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by trainwith. The place of arbitration shall be  Bangalore/Karntaka/India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

General

The failure of trainwith to enforce any right or provision of these User Terms of Service 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 trainwith. Except as expressly set forth in these User Terms of Service, the exercise by either party of any of its remedies under these User Terms of Service will be without prejudice to its other remedies under these User Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these User Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these User Terms of Service will remain in full force and effect.

Limited time to bring your claim

You and trainwith agree that any cause of action arising out of or related to the trainwith web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Contacting trainwith

Web Support :  https://www.trainwith.net/info/Contactus
Email: admin@gtipl.net