TERMS OF USE

TERMS OF USE

These terms and conditions (“Terms and Conditions”) govern your use of this website coursebirdie.com (“Website”). In these Terms and Conditions, Coursebirdie Education Private Limited and Coursebirdie, Inc. (A Delaware Corporation and subsidiary of Coursebirdie Education Private Limited) is referred to as the “Company”, “us,” or “we.”

By using this Website and its services, you will be bound by these Terms and Conditions and the Company’s privacy policy which can be found at https://coursebirdie.com/privacy (“Privacy Policy”). If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this Website or any service provided via it. Use of the Company’s Website and Services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

1. INTRODUCTION

These terms and conditions apply to the services available from and related to the domain and subdomains of the Website (together with the Website, the “Services”).

For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.

Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

2. YOUR USE OF THIS WEBSITE

  1. You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.
  2. The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
  3. When using this Website, you must not do any of the following:
    1. defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
    2. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
    3. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
    4. upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
    5. impersonate any person or entity, including without limitation any employee or representative of Company;
    6. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
    7. run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;
    8. decompile, reverse engineer, or otherwise, attempt to obtain the source code of the Services;
    9. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
    10. falsify the origin or source of software or other material contained in a file that is uploaded;
    11. advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or
    12. download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
  4. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
  5. You represent and warrant to Company that you are of legal age to form a binding contract. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
  6. If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
  7. If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
  8. You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorney’s fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

3. REGISTRATION

  1. You will need to register to become a student of this Website (“Student”) if you wish to access the Services via this Website.
  2. To register to become a Student, you must provide the Company with information about you via the Company’s registration form https://sso.usefedora.com/secure/9637/users/sign_in?reset_purchase_session=1 or https://sso.usefedora.com/secure/9637/users/sign_up
  3. The Company’s use of this information is set out in the Company’s Privacy Policy which can be found at https://coursebirdie.com/privacy.
  4. You must provide true, accurate, current and complete information about yourself when completing the registration form.
  5. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel or refuse any and all current or future use of this Website.
  6. Registration requires a valid email address (which will serve as your username) and unique password. Please create a secure password: choose a password that uses a combination of letters, uppercase and lowercase, numbers, and symbols. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your username and password confidential and log-off from the Website when your session is complete to prevent unauthorised access to your information. If your username or password is subject to unauthorised access, you should immediately inform the Company.
  7. You must not tell anyone else your username or password. Any unauthorised use of either of them must be reported to hello@coursebirdie.com as soon as you are aware of such use and the Company will as soon as reasonably possible, cancel your username and/or password and issues new ones to you.
  8. The Company may, for security or other reasons, require you to change your username and/ or password or other information which facilitates access to this Website or its Services.
  9. The Company reserves the right to cancel your username and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.

4. PAYMENT TERMS

To purchase any services offered by the Company, you must have Internet access and a current valid accepted payment method (“Payment Method”). You agree to the Company, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Company as they become due, whether on a one-time or subscription basis.

Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. The Company does not support all payment methods, currencies or locations for payment.

All payment information that you provide must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing the Company with your credit card number and associated payment information, you agree that the Company is authorised to immediately invoice your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. The Company reserves the right at any time to change its billing methods at any time.

TAXES

You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless the Company and its third party payment service provider from any and all taxes, including sales tax, based on any payments made or received by you. Any taxes imposed on payments will be your sole responsibility. Upon our request, you will provide the Company with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.

REFUNDS

The company offers Students a seven (7)-day, no-questions-asked money back guarantee on Classes and Membership Plan (both monthly and annual). If you, as a Student, are unhappy with a class or membership plan and request a refund within seven (7) days of the date that you paid for access, we will provide you with a full refund of the amount you paid. To request a refund, please contact us at hello@coursebirdie.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of services, without any liability to you.

5. THIRD PARTIES

The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.

In certain situations, third party businesses may provide services that are available to you through the Company’s Services. We do not control any such third party service providers. You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.

You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.

6. CHILDREN’S PRIVACY

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13, except separate Coding for Kids initiative. The Terms of Use and Privacy Policy for Coding for Kids can be found on its website.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at hello@coursebirdie.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

7. INTELLECTUAL PROPERTY

You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.

We do not claim ownership of any Content that you post on the Website or through the Services. Instead, you hereby grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Services, subject to the Company’s Privacy Policy which can be found at https://coursebirdie.com/privacy.

8. TERMINATION

Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website if:

  1. It does not receive timely payment;
  2. It reasonably believes that you have breached any of these Terms and Conditions;
  3. It is unable to verify the accuracy or validity of any information provided by you;
  4. Or it suspects fraudulent, abusive or illegal activity by you.

Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.

You may cancel your account at any time by emailing us at hello@coursebirdie.com. Cancellation will take effect within 24 hours and you will not be entitled to a refund for any fee already paid.

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

The company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Amendment to these Terms and Conditions

The Company reserves the right to amend and alter these Terms and Conditions and any Content or information contained on the Website at any time. In the event, these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.

If after the Terms and Conditions and/or the Privacy Policy (https://coursebirdie.com/privacy) have been amended or altered you do not agree to their terms, you must stop using this Website.

10. GENERAL

Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.

We work with Instructor to design and develop the content of the classes and projects. We do not employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Instructors or Students, including, but not limited to, any Student’s reliance upon any information provided by an Instructor.

The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.

If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.

Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.

Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).

You must report any violations of these Terms and Conditions to hello@coursebirdie.com.

Our Terms of Use were last updated on Jul 17, 2016.