Terms of Service
Effective Date: 19th August 2020
Website Covered: TIDE Learning and all affiliates or subsites of TIDE Learning which may be created in the future to cater to the needs of regional users in the regional language as deemed fit and necessary at the appropriate time.
Following are the Terms of service governing your use of tidelearning.com (“Website”), all pages on the Website and any products and services provided by or on this Website (“Products & Services”)
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: “Tide Learning Systems Private Limited” (Hereinafter referred to as “TLSPL”), is the creator, operator and publisher of this Website, the featured products and the services available to users. Tide Learning Systems Private Limited with CIN No : U80902KA2015PTC078147 having its Registered Office at #365, Upper Palace Orchards, 14th Cross, Sadashivanagar, Bengaluru 560080. We, Our, Ours and other first person pronouns will refer to “TLSPL” as well as all its employees and affiliates.
b) You, the User, the client: You as the user of this Website, will be referred to throughout these Terms of Service with second person pronouns such as You, Your, Yours or as User or Client. For the purpose of Terms of Service, the Terms “User” or “You” shall mean any natural or legal person who is accessing the Website. The term “Your or Yours” shall be construed accordingly.
c) Parties: Collectively both parties to these Terms of Service “TLSPL” & “User” will be jointly referred to as “Parties”.
2. Assent & Acceptance
By Using this Website, you warrant that you have read and reviewed the Terms of Service and that you agree to be bound by it. If you do not agree to be bound by these Terms of Service, Please leave the Website immediately. TLSPL only agrees to provide use of this Website and Services to you if you assent and accept these Terms fo Service. Further, based on the Product/Service obtained by a User, additional Terms and Conditions in respect of the specific Product/Service may apply, which shall be deemed as agreement between the User and TLSPL.
3. About the Website – TIDE Learning
TIDE Learning is a wholly-owned subsidiary/venture of Tide Learning Systems Private Limited, which is an online platform/store which engages in the sale of products and services related to E-learning and Education. The products/services offered on this Website are at our sole discretion, TLSPL reserves the right to refuse service or refuse to sell the products to anyone for any reason at any time.
TLSPL does not screen or censor the users who register for access on this Website. You assume all risks associated with dealing with other users with whom you come in contact through the website. You agree to “The fair use policy of our products and services” and you also agree to use the products/services only for lawful purposes without any discrimination whatsoever, and without infringing the rights or restricting the use of this website by any third party.
4. License to use Website
TLSPL may provide you with certain information as a result of your use of the Website or Services, such information may include, but is not limited to documentation, data or information wholly developed or in some cases collected/created and further developed by “TLSPL” and any other materials which may assist you in the use of the Website, Products & Services. TLSPL grants you only a limited, non-exclusive, non-transferable and revocable license to use our material solely in connection with the use of the Website, our products & services. The Materials provided by TLSPL may not in whatsoever form be used for any other purpose and this license terminates upon your cessation of use of the Website or Products/Services at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the Website or download or copy information by any means of unsolicited access so as to communicate directly with them or for any reason for whatsoever.
Any unauthorised use by you shall terminate the permission or license granted to you by the Website and you agree that you shall not bypass any measures used by TLSPL to prevent or restrict access to the Website.
5. Intellectual Property
You agree that the Website and all Products & Services provided on this Website are the property of TLSPL, including all copyrights, trademarks, trade secrets, patents and other intellectual property “TLSPl IP”. You agree that TLSPL owns all right, title, and interest in and to TLSPL IP and that you will not use the TLSPL IP for any unlawful or infringing purposes. You agree not reproduce or distribute the TLSPL IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from TLSPL
6. USER Obligations
To register and become a “member” of the Website, you must be 18 years of age and above to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving TLSPL’s Services under the laws and statutes of the India or other applicable jurisdiction.
At TLSPL our priority is to ensure the safety and privacy of all its visitors, users, and members, especially that of children. Therefore, it is imperative that the parents of any children under the age of 13 that permit their child or children access to the TIDE Learning Website, Products & Services or any related platform must create an account on behalf of their children, which will certify that the individual creating the account is of 18 years of age or above and as such, the parent or legal guardian of any child or children registered under the account should access and monitor the said account. As the creator of the account, the parent is taking responsibility and thereby granting permission for his/her child or children to access the various Products & Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
TLSPL does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
As a user of this Website, Products & Services, you may be asked to register with us, when you do so, you will choose a user identifier, which may be your email address or mobile number etc, as well as a password. You may also provide personal information, including, but not limited to Your Name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website, Products & Services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing, email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. The billing information you provide us including credit card, billing address and other payment information is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information or using the Website, Products & Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service and will invite further legal action from us. TLSPL reserves the right to refuse service, terminate accounts, or remove or edit content at its sole discretion.
7. Payment & Fees
Should you register for any of the Paid Services on this Website or purchase any product or service on this website, you agree to pay us the specific monetary amounts required for that products or services . These monetary amounts (“Fees”) will be described to you during process of purchase/registration/confirmation whichever is suitable for the product or service. The final amount required for payment will be shown to you immediately prior to purchase. Payment for any on going service is billed automatically on the specified date and time, you will receive a notification for the same after the transaction is processed, in the event that you wish to terminate the service you will have to notify us well in advance to cancel the service and cancel the automatic debit from your payment system.
The products/services offered on this Website are at our sole discretion, TLSPL reserves the right to refuse service or refuse to sell the products to anyone for any reason at any time.
8. Acceptable Use
You agree not to use the Website, Products & Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website, Products & Services in any way that could damage the Website, Products & Services or TLSPL.
You further agree not to use the Website, Products & Services
- To harass, abuse or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of TLSPL, TLSPL IP or many third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of TLSPL or any others;
- To perpetrate fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any content that is obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, discrimination towards any group;
- To unlawfully gather information about others.
You are further prohibited from using the Website, Products & Services or any of its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
- To violate any local, state, central, national or international law, statute, ordinance or regulation;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, age, race, religion, sexual orientation, ethnicity, national origin, or disability;
- To submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploit minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service of any related website, other websites or the internet;
- To collect or track the personal information of others;
- To damage, disable, overburden, or impair the Website, Products & Services or any other party’s use of the Website, Products & Services;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose;
- To interfere with or circumvent the security features of the service or any related website, other websites, or internet;
- To personally threaten or has the effect of personally threatening other users;
TLSPL reserves the right to terminate your use of Website, Products & Services or any related website for violating any of the prohibited uses. TLSPL has the full authority to review all content posted by users on the Website. You acknowledge that the Website, Products & Services is not responsible or liable and does not control the content of any information that may be posted to the website by you or any other user of the website and you are responsible for the same. You agree that you shall not upload, post, or transmit any content that you do not have right to make available (such as intellectual property of any other party).
You further agree to comply with all applicable laws, statutes and regulations concerning your use of the Website, Products & Services and further agree that you will not transmit any information, data, text, files links, software, chats, communication or other materials that is abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful, or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, central, national or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Website, Products & Services violate any laws in your jurisdiction (Including but not limited to copyright laws).
You understand that each time you use the Website, Products & Services in any manner, you agree to these Terms. By agreeing to these Terms you acknowledge that you are interested in availing and purchasing our Products & Services out of your own need and volition without any coercion whatsoever. You further agree that you have selected and consented to receive electronic communication via mobile messages, phone or electronic records which would include, but not limited to, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent to you through internet and computer network, including email messages telling you about our products & services offered through our website (or through affiliates & partners) and understanding your requirements.
Communication can also be by posting any notices on the Website or any Public media including social media. You agree that the communications sent to you by us shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
Therefore, through your use, and thus your agreement with this Terms of Service, you are acknowledging that the use of this Service shall result in interstate transmissions.
10. Affiliate Marketing & Advertising
TLSPL through the Website, Products & Services may engage in affiliate marketing whereby TLSPL receives a commission on or a percentage of the sale of goods or services on or through the Website, Products & Services. TLSPL may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
Sale of Products & Services
TLSPL may sell its own Products & Services or allow third parties to sell Products & Services on the Website. TLSPL undertakes to be as accurate as possible with all information regarding the goods, products and services, including product description, images and expected outcomes. All TLSPL products and services are designed, created, conceptualised and crafted with utmost care and with the expectation of improving results and outcomes, however the results may vary user to user based on product/service understanding and consistent usage. However, TLSPL does not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products and services at your own risk.
11. Shipping & Delivery Policy
You agree to ensure payment for any Products & Services you may purchase from us and you acknowledge and affirm that prices are subject to change. For sale of physical goods and products, we may preauthorise your credit card or debit card at the time you place the order or we may simply charge your card on shipment. You agree to monitor your method of payment.
When purchasing a physical goods or Product, you agree to provide us with a valid email and shipping address as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to use. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products & services.
Shipment costs and dates are subject to change from the costs and dates you are quoted at the time of purchase due to unforeseen circumstances. For any questions, concerns, disputes or queries, you agree to contact us at the contact details provided on the Website.
12. Reverse Engineer & Security
You agree not to undertake any of the following actions:
- Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- Violate the security of the Website, Product & Services through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
TLSPL shall endeavour and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure or modification of the user’s personal information under our control. The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
13. Data Loss
TLSPL does not accept any responsibility whatsoever for the security of your account or content. You agree that your use of the Website, Product & Services is at your own risk.
You agree to defend and indemnify TLSPL and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fee, which may arise from or relate to your use or misuse of the Website, Products & Services, your breach of these Terms of Services or your conduct or actions. You agree that TLSPL shall be able to select its own legal counsel and may participate in its own defence, if it wishes so.
15. Spam Policy
You are strictly prohibited from using the Website, Products or Services for any illegal spam activities either on the website or on social media, including gathering email addresses and personal information from others or sending any commercial emails.
16. Third Party Links & Content
You agree that TLSPL is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
17. Modification & Variation
TLSPL may from time to time and at any time without notice to you modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications and variations will replace any prior version of these Terms of Service, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
- To the extent any part or sub part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor these Terms of Service and refer to the effective date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that your continued use of the Website, Products & Services after any modifications to these Terms of Service is an acknowledgement of your continued assent and acceptance of these Terms of Service.
In the event that you fail to monitor any modifications to or variations of these Terms of Service, you agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement
18. Entire Agreement
This agreement constitutes the entire undertsanding between the Parties with respect to any and all use of this Website, Products & Services. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website, Products & Services.
19. Service Interruptions
TLSPL may need to interrupt your access to the Website, Products & Services to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website, Products & Services may be affected by unanticipated or unscheduled downtime, for any reason, but TLSPL shall have no liability for any damage or loss caused as a result of such downtime.
20. Term, Termination & Suspension
TLSPL may terminate these Terms of Service with you at any time for any reason, with or without cause. TLSPL specifically reserves the right to terminate these Terms of Service if you violate any of the terms outlined herein, including but not limited to, violating the Intellectual Property rights of TLSPL or a third party, failing to comply with the applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of your account. At the termination of these Terms of Service, any provisions that would expect to survive the termination by their nature shall remain in full force and effect.
21. No Warranties
You agree that your use of the Website, Products & Services is at your sole and exclusive risk and that any of the Products or Services provided by us are on an “AS IS” basis. TLSPL hereby expressly disclaims any and all express or implied warranties of any kind. Including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. TLSPL makes no warranties that the Website, Products & Services will meet your needs or the Website, Products & Services will be uninterrupted, error free, or secure. TLSPL also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through many Products & Services. You agree that any damage that may occur to you through your computer system, or as a result of los of your date from your use of the Website, Products & Services is your sole responsibility and that TLSPL is not liable for any such damage or loss.
All information, software, products, services and related graphics are provided in this site is “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either expressed or implied. The Website, Products & Services disclaims all warranties, expressed or implied including without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non infringement or arising from a course of dealing, usage, or trade practice. TLSPL makes no representation whatsoever about the suitability of the information, software, products, and service contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services.
TLSPL makes no warranty that the use of the Website, Products & Services will be uninterrupted, timely, secure, without any defect or error free. You expressly agree that the use of these are at your own risk and evolution without any coercion whatsoever. TLSPL shall not be responsible for any content found on the Website.
Your use of any informations materials on this website or otherwise obtained through use of 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, service or information available through this Website meet your specific requirements.
TLSPL assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Website, Products & Services. Any information of third parties or advertisers is made available without doing any changes and so the Website cannot guarantee accuracy and is not liable for any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, texts, files, video or other materials posted on, transmitted through or linked from the Website, are solely the responsibility of the person from whom such content originated and TLSPL does not control and is not responsible for content available on the Website.
There may be instances when incorrect information is published inadvertently on our Website, Products & Services such as typographical errors, inaccuracies or omissions that may relate to the products & services description, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, maybe corrected at our discretion at anytime without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applies in the service or any related website should be taken to indicate that all information in the service or any related website has been modified or updated.
TLSPL shall not be responsible for any interaction between you and the other users of the Website, Products & Services. Under no circumstances will the Website be liable for any goods, services, resources or content available through such third party dealings or communications or for any harm related thereto. TLSPL is under no obligation to become involved in any disputes between you and other users of the Website, Products & Services or between you and other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connections with such dispute.
You agree and understand that while TLSPL has made reasonable efforts to age guard the Website, Products & Services, it cannot and does not ensure or make any representations that the Website or any of the information provided by You cannot be hacked by any unauthorised third parties. You specifically agree that TLSPL shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.
You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that TLSPL is not responsible for many content sent using and/or included in the Website by any third party.
TLSPL has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and we have no responsibility for any additional expenses, omissions, delays or acts of any government or authority.
You will be solely responsible for any damages to your computer system, mobile or loss of data that results from the download of any information and/or material.
In no event shall TLSPL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with use or performance of our Website, Products & Services, with the delay or inability to use the site or related services, the provision of or failure to provide services or to deliver products or for any information, software, products, services and related graphics obtained through the Website, Products & Services or any interaction between you and other users of the Website, Products & Services or otherwise arising out of the use of the Website, Products & Services, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the TLSPL or any of its affiliates/suppliers has been advised of the possibility of damages. If despite the limitation above, TLSPL is found liable for any loss or damage which arises out of or in any way connected with the use of the Website, Products & Services and or provision of services, then the liability of the company will in no event exceed 50% (Fifty Percent) of the amount you paid the company in connection with such transactions on this website.
You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against, any actions taken by or any person authorised to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, Products & Services, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the Website, Products & Services or participation in any of the suggested activities both offline and online. If you are dissatisfied with the Website, Products & Services, or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the Website, Products & Services.
22. Cautions For Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of India and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations. Furthermore, you state and pledge that you are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of India or other applicable export and/or import laws. Content placed or Made Available For Company Services, TLSPL shall not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for TLSPL the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of TLSPL’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of TLSPL’s sites, and shall terminate at such time when you elect to discontinue your membership. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Website, Products & Services, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of our Website, Products & Services, sites and shall terminate at such time when you elect to discontinue your membership. For any other content submitted or made available for inclusion on the publicly accessible areas of our Website, Products & Services, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of our Website, Products & Services, are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members . However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
23. Contributions To Company Website
TLSPL provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that your Contributions do not contain any type of confidential or proprietary information TLSPL shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions. TLSPL shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit the contributor’s Contributions shall automatically become the sole property of TLSPL and TLSPL is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
24. Use and Storage General Practices
You herein acknowledge that TLSPL may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by TLSPL, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on TLSPL’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that TLSPL has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, TLSPL shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on our servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on our Website. It is your agreement to this Terms of Service which establishes your consent to allow TLSPL to store any and all communications on its servers.
25. Limitation of Liability
TLSPL is not liable for any damages that may occur to you as a result of your use of our Website, Products & Services, to the fullest extent permitted by law. You explicitly acknowledge, understand and agree that TLSPL and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from the use or inability to use our service. The cost of procuring substitute goods and services unauthorised access to or the alteration of your transmissions and/or data statements or conduct of any such third party on our service and any other matter which may be related to our service.
26. Exclusion and Limitations
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.
27. Third Party Beneficiaries
You herein acknowledge, understand and agree, unless otherwise expressly provided in this Terms of Service, that there shall be third-party beneficiaries to this agreement.
28. General Provisions:
a) Language: All communication made or notices given pursuant to these Terms of Service shall be in the English language
b) Notice: TLSPL may furnish you with notices, including those with regards to any changes to the Terms of Service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website or Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms of Service by accessing our Services in an unauthorised manner. Your acceptance of this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
c) Trademark Information: You herein acknowledge, understand and agree that all of the TLSPL trademarks, copyright, trade name, service marks, and other TIDE Learning logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tide Learning Systems Private Limited. You herein agree not to display and/or use in any manner the logos or marks.
d) Heading for Convenience only: Headings of parts and subparts under these Terms of Service are for convenience and organisation only. Headings shall not affect the meaning of any of the provisions of these Terms of Service.
e) No Agency, partnership or Joint Venture: No Agency, partnership or Joint Venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
30. Jurisdiction, Venue & Governing Law:
Through your use of the Website, Products & Services , you agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and TLSPL, with the exception of its conflict of law provisions. In case of any litigation specifically permitted under these Terms of Service is initiated both parties mutually agree to submit to the exclusive jurisdiction of the courts at Bengaluru, India. The Parties agree to submit that this choice of law, venue and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby agree to waive any and all objections to the exercise of jurisdiction, venue and governing law, including assertion of the doctrine of forum non convenient or similar doctrine.
31. Waiver and Severability of Terms
At any time, should TLSPL fail to exercise or enforce any right or provision of the Terms of Service, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. If any provision of this Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
32. No Right of Survivorship Non-Transferability
You acknowledge, understand and agree that your account is non-transferable and any rights to your user details and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
33. Status of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms of Service must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this Terms of Service to Tide Learning Systems Private Limited as follows: firstname.lastname@example.org