Document Version:
Date of Revision: 1st June, 2019
This document ("terms and conditions") is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms and conditions do not require any physical, electronic or digital signature.
These terms and conditions are legally binding documents between you the user and the Company (both terms as defined below). These terms and conditions will be effective upon acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and Company for the use of the Portal (defined below).
The Terms and conditions of this App located at https://newtum.com under the name and style "Newtum" (the Portal) is between NEWTUM SOLUTIONS PVT. LTD. (hereinafter referred to as "Newtum" or "We" or "Us" or "Our") and the guest users or registered users of the App (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which we offer Your access to the App and such other services as are incidental and ancillary thereto ("Services").
The Terms and conditions of this Portal located at https://newtum.com/termsandconditions under the name and style "Newtum" (the Portal) is between NEWTUM SOLUTIONS PVT. LTD. (hereinafter referred to as "Newtum" or "We" or "Us" or “Company” or "Our") and the guest users or registered users of the Portal (hereinafter referred to as "You" or "Your" or "Yourself" or "User" or “Instructor”) describe the terms on which we offer Your access to the Portal and such other services as are incidental and ancillary thereto ("Services").
These Terms and conditions together with the Privacy Policy available at https://newtum.com/privacy-policy the other policies of the Portal available at https://newtum.com/legal together with all other notices, disclaimers, guidelines appearing on the Portal from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Portal and avail the Services provided that are on an as – is basis only.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE PORTAL, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE PORTAL. BY USING THE NEWTUM PORTAL, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1.1. Newtum Solutions Private Limited is a company incorporated under the Companies Act, 2013, with its registered office at 503, D, wing, Vitthal Plaza Near Balaji Mandir Dombivali East Thane Maharashtra 421201 India and having CIN No. U80900MH2019PTC321540. Newtum is an online training academy providing technical education to its users. The courses are designed and delivered by Industry Experience Trainers, fulling a major gap in vocational courses found in the current educational environment. By using real-life examples, engaging videos and webinars, Newtum helps its users to learn more about technology. We may also engage or allow third party instructors to produce Content which may form a part of the Services.
1.2.1. If there is any conflict between the privacy policy and any other legal agreement provided herein, the Terms and Conditions shall take precedence to the extent of the conflict..
1.2.2. If at any given point of time the Portal adds an additional term and/ or a condition as an addendum to this document then the former document shall take precedence, but only to the extent of the clauses mentioned in such addendum.
1.2.3. Between these Terms and Conditions and any other notices, disclaimers or guidelines appearing on the Portal, these Terms and Conditions shall take precedence but only to the extent of the conflict.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions from time to time and as and when required without any further notice to you. It is your responsibility to regularly check for changes to this Agreement and to review such changes. We shall endeavour to inform you regarding changes if any, however we do not assure you the same. Any new features or updated content that we make available as a part of the Portal will be subject to this or the updated agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of Newtum shall be construed as an inference to the contrary. In some cases, however, you may be asked to agree to the revised terms when accessing the Portal and if you do not agree to the revised terms you will not be allowed to use the Portal.
This Agreement is effective until terminated by us. To terminate this Agreement for any reason whatsoever you may delete your account with us. Your rights under this Agreement will terminate automatically without notice of any kind from us, if you fail to comply with any of the terms, or guidelines within this Agreement or any other legally binding agreement available at our Portal. Upon the termination of this Agreement, you shall cease to use the Portal. In the event that your rights to use the Portal are terminated, you may immediately lose access to any information that may be on our systems and/or servers. We can terminate your access to the Portal at any given point of time. We may also remove any User Content available at our servers, without cause and without notice to you. Your deletion of the Portal does not make it mandatory for us to not save your information in accordance to our privacy policy for a period that we think is necessary to either provide better services to other users or for any other legal obligation that exists or may arise from time to time.
4.1. To use the services provided on the Portal, you need to create a user account, including purchasing of a course. However, you can view the available services on the Portal without an account. You need an account for most activities on our platform.
4.2. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission.
4.3. You may therefore not transfer your account to a third party or use a third party’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In an unfortunate event of the death of a user, the account of that user shall be closed.
4.4. Students must be at least 3 years of age to create an account with us and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we shall terminate your account.
4.5. Instructor:
We may at any point in time allow instructors to produce Content for the Portal that may form a part of the Services. For such accounts, the terms under the name of Instructor Agreement at https://newtum.com/legal shall be binding along with these Terms.
4.6. Institute:
We may make available certain features and tools that permit certain Users (such as, for example, representatives of registered institute, colleges, etc.) to work with students and other Users through the Website in order to provide such students and other Users with tutorial, educational and other education-related services, and to review and evaluate educational achievement and progress of such students and other Users (each a “Institute”). If you are an institute, you must use the institute registration process when registering accounts on the Website. You hereby agree to indemnify, defend and hold harmless Newtum against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of any provision, representation or warranty; (b) the use of the Website by the Child User; (c) your failure to obtain sufficient parental or legal guardian consent; (d) your registration of the Child User.
When you enrol in any of the courses offered on the Portal, You get a license from Us for personal non-commercial use only, unless you maintain an Institute account in which case you can use the content for commercial use also. You get lifetime access license, except when the course is disabled for legal or policy reasons.
In legal, more complete terms, Newtum grants you a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Newtum authorized representative.
We generally give a lifetime access license to our Users when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. The lifetime access is not applicable to add-on features and services associated with a course. The lifetime access is to the course content but not to the instructor.
We enable content for our users to learn and engage. Despite exercising editorial control over the courses available on the Portal and, we do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable and are not liable for your access or enrolment in any course, to the extent permissible under applicable law. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrolment in a course.
After a payment has been made and You wish to leave the course, You shall be refunded either the full amount or on pro-rata basis, depending upon the stage of the course / services, only within 30 days from the date of payment.
7.1. Pricing: The prices of courses on Newtum are pre-determined on our internal criteria and the same can be both increased and decreased at any given point without any approval by you.
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
7.2. Payments:
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for such fees. We work with third party payment processing partners to offer the most convenient payment methods in your country and to keep such payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within seven (7) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our Portal. Credits cannot be transferred to your original or any other mode of payment and might expire if not used within the specified period.
7.3. Refunds and Credits
You may request for a refund within 7 days from the date of the purchase of the course in case the course seems substandard or if You feel that the purchased course is not what you had expected. In such a case the refund of full amount or on pro-rata basis, depending upon the stage of the course / services shall be allowed either as credit in your account or a refund to your initial source of payment or a valid Indian bank account .
We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners. No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.
At our discretion, if we believe that our credit/refund policy is being misused, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any credit or refund.
Refund from an Institute can only be applied for and approved within 7 classes subject to the approval by the Institute. In such situations, the decision of the Institute shall be final and binding and Newtum shall not and cannot be held responsible for any denial to such refunds.
You also agree that no refunds shall be allowed incase an account is blocked by Us for using of prohibited content as mentioned in Clause 9 of the Terms and Conditions or incase of any misbehaviour at the Institute.
You agree to not access or use the Services or create an account for any purpose that may not be considered lawful in India or your country and your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
YOU AGREE NOT TO:
9.1. use the Services for any commercial use or purpose unless expressly permitted by Us in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
9.2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services / Materials, except as expressly permitted under these Terms;
9.3. post, upload, or distribute any defamatory, libellous, or inaccurate User Content or other content;
9.4. post or distribute any content that might be unlawful in any country or any content that a reasonable person would find it to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
9.6. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website;
9.7. defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Portal and Services;
9.9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.10. access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services;
9.11. in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Newtum); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
As mentioned above, Newtum Website and Application and its counterparts are owned by Newtum Solutions Pvt. Ltd. And also own the co-existing Apps and Services including but not limited to the trademarks and copyrights and our logos, API, Code and other content created by our team, from time to time. Any such content may not be tampered with without authorization.
All right, title, and interest in and to the Portal and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit and the courses we provide through our Services are and will remain the exclusive property of Newtum and/or its licensors, if any.
Our content, platforms and services are protected by copyright, trademark, and other laws of India and foreign countries. You therefore possess no right to use the Newtum name or any of Our trademarks, logos, domain names, and other distinctive brand features, without prior written consent from Newtum.
The following terms clarify our legal relationship between You and Us and must be read carefully before proceeding with the use of the App and Services provided herein:
11.1 Binding Agreement: 11.1.1. It is agreed by You that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Newtum. If you do not agree to these Terms, you are requested to not register, access, or otherwise use any of our Services.
11.1.2. If you are an Institute accepting these Terms and using our Services on behalf of a yourself or other legal entity, you represent and warrant that you are authorized to do so.
11.1.3. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
11.1.4. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
11.1.5. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
11.2. Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
11.3. Liability and Warranty Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM THAT YOU EXPERIENCE USING THE NEWTUM PORTAL IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEWTUM PORTAL AND ANY SERVICES PROVIDED BY THE PORTAL ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE (AND OUR AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SERVICES OR THEIR CONTENT, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE (AND OUR AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS) MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM USE OF THE SERVICES. YOUR USE OF THE SERVICES (INCLUDING ANY CONTENT) IS ENTIRELY AT YOUR OWN RISK.
NEWTUM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE NEWTUM PORTAL, WHICH THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PORTAL OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE NEWTUM PORTAL, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE PORTAL OR IN ANY OTHER PRODUCT OFFERED BY US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NEWTUM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NEWTUM PORTAL, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)/AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEWTUM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED RUPEES 1,000. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE. YOU AGREE THAT NEWTUM CANNOT BE HELD RESPONSIBLE FOR ANY ACTIVTY INCLUDING BUT NOT LIMITED TO AN INJURY AT THE INSTITUTE OR COLLEGE THE STUDENT IS ENROLLED IN.
11.4. Indemnification. YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE NEWTUM PORTAL AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD NEWTUM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, CLAIMS, FINES, PENALTIES, FEES, COSTS, AND/OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LITIGATION COSTS) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT OR IN RELATION TO YOUR USE OF THE NEWTUM PORTAL.
11.5. Disputes, Forum, and Governing Law. The Agreement is governed by and construed in accordance with the laws prevalent in India. You and Newtum agree to settle any claims arisen through arbitration as per provisions of the Arbitration & Conciliation Act, 2015, by an arbitrator appointed either by mutual consent or as per the terms contained within the Arbitrators & Conciliation Act, 2015, within a period of one year from date of the cause of action.
11.6. Intellectual Property Rights. All Services & Courses available on the Portal, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Portal is owned and controlled by Newtum or our licensors (if any) and the design, structure, selection, expression, coordination, look and feel and arrangement of such Content is protected by copyright and trademark laws, and various other intellectual property rights. Through Your use of the Portal, by no means are any rights impliedly or expressly granted to You in respect of such Content. Newtum reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Portal ("Marks") are the property of “NEWTUM SOLUTIONS PVT. LTD.”. The logos and services as provided by the Us as displayed on the Portal have intellectual property rights attached to them and are owned by NEWTUM SOLUTIONS PVT. LTD. You are not permitted to use the Marks without Our prior consent or the third party that may own the Marks.
Unless as stated on the Portal as otherwise, indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Newtum owns all intellectual property rights to and into the trademark " Newtum", and the Portal, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Newtum or thirty party owner of such Content.
11.7. Miscellaneous. This Agreement is the entire agreement between you and Newtum. It supersedes and replaces any and all prior or contemporaneous agreements between you and Newtum relating to your use of the Portal (including, prior versions of this Agreement). The failure of Newtum to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Portal after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Portal.
The best way to get in touch with us is to contact our support team +918422996372. We’d love to hear your questions, concerns, and feedback about our Services.
