Legal

TERMS AND CONDITIONS

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. General

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. In case of any conflict, in the legal documents provided within the App:

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.

2. Amendment of the Terms and Conditions.

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.

3. Termination of this agreement

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. Accounts

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.

5. Course Enrollment and Lifetime Access

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.

6. Risk & Liability

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.

7. Payments, Credits, and Refunds.

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.

8. Content Rules

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.

9. Prohibited Conduct.

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.

10. Our Rights

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.

11. Miscellaneous Legal Terms

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.

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.

12. How to Contact Us

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.

Privacy Policy

We at Newtum, (“Newtum”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data.
Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use the Newtum website and / or mobile applications (the “App”, “Site”) or related services (the “Services” ).

1. General

1.1. This privacy policy is an electronic record in the form of an electronic contract formed under the Rule 3 of The Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This privacy policy does not require any physical, electronic or digital signature.
This privacy policy is a legally binding document between you and Newtum (both terms defined below). This privacy policy will be effective once you accept the same (directly or indirectly in electronic form, by clicking on the "I Accept" tab or by use or the site or app by other means) and shall govern the relationship so created between you and Newtum for your use of the app/site. this document is published and shall be construed in accordance with the provisions of The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 under Information Technology Act, 2000; that require publishing of the privacy policy for collection, use, storage and transfer of sensitive personal data or information.
Please read this document carefully. By using the site, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not use this site. You hereby provide your unconditional consent or agreements to Newtum as provided under Section 43A and Section 72A of Information Technology Act, 2000.

1.2. Newtum and its affiliated companies appreciate your interest in the services offered by Newtum. Your privacy is important to us and we want you to know what information, including your personal and other information, we collect about you and from you and how we use that information. Personal information may be specified as the information that includes names, addresses, e-mail IDs, telephone number, vehicle numbers, mode of payment, etc.
When someone visits our App our web-servers automatically gather information that allows the site to communicate with the visitor’s computer or device during the visit. We also collect information such as the number of visits to the site, which parts of the site visitors select, IP address (the internet address assigned to your computer from your Internet Service Provider), domain type, date and time of day. We use such information only for statistical purposes that help us design and administer the site.

1.3. This is the privacy policy for the Newtum application and site. This privacy policy provides information on the processing of your personal data as a result of being:-
1. One of our Student,
2. One of the institute / instructor
3. A visitor to the site and/or
4.A user of the App.

1.4. This Privacy Policy may be changed from time to time. It is your duty as a user of the site to be informed regarding the regular updates in this policy. This Privacy Policy was last changed on 28.05.2019

2. Data You Provide to Us

We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect. When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:

2.1. Account Data: To be able to use the Services (like enrolling in a course), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth. (“Account Data”) .

2.2. Profile Data: Our Site allows you to provide certain profile information like a photo, headline, website link, social media profiles, or other data. Your Profile Data will be publicly viewable by others.

2.3. Course Data: When you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you’ve started and completed; your exchanges with instructors, teaching assistants, staff at the Institutes and other students;, answers to questions, and other items submitted to satisfy course requirements.
If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.
The data listed above is stored by us and associated with your account.

3. How and what we collect using Automated Means

The Portal uses cookies or similar technology as required to collect certain other data that we require to provide You with improved Services. A cookie is a small text file that is sent to your internet browser/app so that we are able to recognise you when you return. We may use small graphic images known as ‘clear GIFs’ that work in conjunction with cookies to identify you and your use of the Portal. We may also use other technologies to store similar information within your web browser or app utilizing local shared objects or local storage, such as HTML 5 cookies, flash cookies and other web application software methods.
Using these technologies we can collect data on the use of the Portal such as which pages are visited, your interaction with information on the Site and the duration of your visit. The following types of cookies are installed in place to secure the required information,

Functional cookies – We store cookies that are essential in providing the functionalities of the Portal. For instance, the cookies remember your preferences, such as language and region, your preferred genre, which remain as your default settings when you revisit the Portal. However, should you wish to do so, you can choose to reject or block the cookies set by us by changing your settings, or even delete the saved cookies using various methods pertaining your device model.

Web analytics cookies – We may use third party cookies for web analysis. Such cookies allow us to analyse the usage of the Portal. This relies on aggregated statistical data that our authorised service providers provide Us and allows Us to understand the way you use the Portal. We may only provide such data to third parties if this is required by law.

Advertising cookies – We may use third party cookies for advertising purposes. We may use authorised service providers to serve advertising on the Portal and other sites on the internet. Such service providers may place cookies on your browser, and may collect information that helps them identify your device, such as IP-address, or other unique or device identifiers.
We do not retain a cookie longer than necessary. We use session cookies and permanent cookies: A session cookie can track usage such as the webpages you visit and what options you use. When you close the internet browser, the session is ended and the cookie is deleted.
A permanent cookie enables the Portal to recognize you at a subsequent visit. It remains on your system until you delete it.
Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.
Note, however, that if you reject the use of cookies you will still be able to visit our Portal but some of the functions may not work correctly and you may no longer be able to use all the functionalities of the Portal.
Using the abovementioned types of cookies, we collect the following data:
System Data: Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (“System Data”).
Usage Data: We also gather basic usage statistics about the interactions you have with the Services, including but not limited to courses accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”).
Geographic Data: In order to enable us to provide location/country specific courses, we also gather approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address or GPS from your device (if enabled).
The data enlisted above is collected through the use of server log files and tracking technologies, as detailed below. It is stored by us and associated with your account.

4. Analytics
We use third-party browser and mobile analytics services like Google Analytics and similar services on the Services. These services use Data Collection Tools to help us analyse your use of the Services, starting from the information like the third-party website you arrive from, how often you visit, events within the Services, usage and performance data, and where the application was downloaded from. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.

5. Online Advertising
We use third-party advertising services like Facebook, Google’s ad services, and other ad networks and ad servers to deliver advertising about our Services on other websites and applications you may use. The ads may be based on things we know about you, like your Usage Data and System Data, and things that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services, and may be tailored to your interests.
Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, phone, or other device to collect data about your use of our Services, and may access those tracking technologies in order to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.

6. What We Use Your Data For
We need your personal information to process your order, if you are a customer and to process the orders of the customers, if you are an Institute or an Instructor. However, a few uses of the information we seek and store has been mentioned hereinafter:-
Customer service and relationship management
When you contact our Customer Service Centre with a question or a complaint, we may ask you for certain information to identify yourself and to help us respond to your enquiry. We use any personal data supplied to improve our customer support services. We may also use personal data supplied as part of a transaction to improve customer service or respond to an enquiry related to a transaction.
To be able to respond appropriately to your question or complaint, we note details of your question or complaint in our customer database. We may also ask you for contact details in order to keep you informed about your question or complaint. We may also review your transaction history including time of the transaction, monetary amount spent, fuel quantity purchased and location of retail site to improve customer service.
Participation in promotions
We shall from time to time run schemes or promotions for our customers and other users. In all those events, we shall ask you to provide us with your personal data through a registration form, an advertisement, Portal in order to participate in the promotion. If you wish to participate, we may process the personal data provided by you in order to register or confirm your participation or even to determine whether you qualify for the promotion or not and to send you any benefits or prices.
Development and improvement of services
We regularly conduct market research with our customers. We use your personal information for quality assessments and to improve your customer experience.
Offers and other information
As our customer, user of the Portal, you may receive general offers and information from us. That other information for which we shall contact you:-
• Electronic newsletters with offers and general information;
• Discount coupons from us.
To be able to send you the offers and the information we would use your personal information as provided by you. You may receive your General Offers by regular mail, email, SMS, Portal (through push notifications), social media, coupons or any other digital channels used by you.
You can at any time stop receiving offers and information by opting out via the Portal settings. We will delete or render anonymous any of your personal data that has ever been stored by us. However, we shall continue to maintain a database of the users who have chosen to opt out along with their reasons for the same.
In order to be able to provide you our services in an impeccable manner, we shall need to understand and analyze your information and preferences. For the same we shall analyze the following:-
• Your purchase history;
This includes data regarding (i) specific Services you buy, (ii) the total amount of your purchases per transaction, (iii) the time and place of the purchases you make and (iv) the payment method you use, including payment methods embedded in the Portal.
• Your use of the Portal and e-mails you receive from us
This includes data regarding (i) the links you click on the Site, (ii) your location based on your IP-address, (iii) how you respond to or engage with e-mails sent by us, and (iv) how you use the Portal (including your location as obtained through our Portal if this is something that you have previously consented to and compare this against other users (if you have consented to collection of your location) or your payments made by using the Portal.
• Your participation in promotions
• Your responses to surveys
• Sites, App, coupons, social media, survey’s, promotions and other digital channels;

Technical and functional management of the Portal
When you visit or use the Portal, we process some technical information about you (such as your IP address, your location as obtained through our Portal. If this is something that you have previously consented to, to be able to provide you the functionalities of our entire services and to manage them. With this technical information we are able to manage the Portal, for example to resolve technical failures or to improve their reliability.
For the purposes defined above we process technical data such as the IP address, your location, details of the pages you have visited on the Portal, the web browser you use to surf, previous/subsequent sites that you have visited and the length of your visit/session.

Marketing and research
We perform research into market trends through statistical or other analysis. We use the results of such research to evaluate our current services and to adapt our marketing and services to new developments. The research results are only reported on an aggregate basis.

Security of your transactions
When you use the Portal, we ask you for certain information to identify yourself and we may collect certain transaction information, which shall not include your bank account details, your debit/credit card passwords or numbers, your ATM pins, or other bank related information. We may use the personal data you provide to prevent, detect and investigate fraud and to enforce our Terms and Conditions.
When you use the Portal to purchase the Services, you may be asked to provide personal details to complete the transaction, if so required. Additionally, for the purposes of completing the transaction the following data may be shared with authorized third party companies involved in completing the transaction/s: your IP address, device ID or unique identifier, for the purpose of device type, geo-location information, connection information and mobile network information.
We retain this information, as provided by you and related to the completed transactions and may add this information to your applicable account profile to be used for future transactions that you may make with Newtum.
Your personal bank account details and credit / debit card information, that is saved in your account is only accessible by you. We cannot and shall not have access to the same and cannot be held liable for any theft, misuse, cloning of such saved information regarding your bank account or credit/debit card, e-wallets, etc.

7. Who we share of Your Data with

Certain Data provided by you, is shared with the Instructors, Institute, other Students and other companies performing services for us, our present or future business partners, analytics providers, social media service providers and other advertising companies in order to promote our Services.
We may otherwise share your data incase the same is required for any legal compliance, or as part of a corporate restructuring.
We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:
• Instructors & Institutes: Data provided to us may be with instructors or institutes, for courses you enroll in or request information about, with them, so they can provide you the same and eventually improve their courses for you and other students. This data may include information that you provide to us including but not limited to your city, country, browser language, operating system, device settings, the site that brought you to Us, and your activities on the Portal. Also, if so allowed, your shared content and profile data may be publicly viewable, including to other students and instructors.
• Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeting advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
• Improve Social Media Features: The social media features in the Services may allow the third-party social media provider to collect things like your IP address and which page of the Services you’re visiting, and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party company’s privacy policy.
• Administer Promotions and Surveys: To administer, market, or sponsor promotions and surveys you choose to participate in, we may share your data as necessary in accordance with the rules of the promotion or survey or the applicable law.
• Advertising: Incase we choose to advertise on the Portal, your basic information may be shared with the advertisers.
• Security and Legal Compliance: For any legal compliance, we may disclose your data to third parties incase we believe that the disclosure is:
o Permitted or required by law;
o Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
o Reasonably necessary as part of a valid warrant, or other legally valid request;
o Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
o Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
o Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of our users, employees, members of the public, or our Services and Us.
o We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.
• Restructuring and / or sale: In order of a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition.

8. Security

We use industry standard security measures to protect all the information entered into the Portal whether manually or automatically. Also, we take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secure, and we cannot guarantee that communications between you and us, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Being an important part of the security system, it is your responsibility to protect your password. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately using your dashboard.

9. Information received from minors

We recommend that parents and guardians to take an active role in their children’s online activities and interests. Our courses can be accessed from ages 3 and above, however the account for minors i.e. children below the age of 18, should be used under adult supervision. If we learn that we’ve collected personal data from a child under those ages, we will take reasonable steps to delete it.

10. Questions

Incase of any questions, concerns, or disputes regarding our Privacy Policy, please feel free to contact our privacy team (including our designated personal information protection manager) at +918422996372. You can also send postal mail to us at address.