These Terms of Use set out the terms and conditions for use of this
PNPTEC PTY LTD (
“Website”) and any content, Public Forums, softwares or services
offered on or through the Website and/or through any mobile application(s) (
“Application”) (collectively referred to as the
“Platform”).
These Terms of Use apply to end users of the Website (referred to
as
“Learners”, “You”, “Your”). These Terms of Use, including the
Privacy Policy and any other terms and
conditions published on the Platform or communicated to you from time to
time (collectively referred to as the “Agreement”), define the
relationship and responsibilities between You and Creator (as defined
herein) in using the Platform. Your access to the Platform is subject to
Your acceptance of this Agreement. Hence, please take Your time to read
this Agreement.
When we speak of
“Creator”, ‘we’, ‘us’, and
‘our’, we collectively mean PNPTEC PTY LTD being the creator of this
Platform and the content/materials/services contained therein.
By accessing this Platform, You are agreeing to be bound by the
terms of this Agreement, all applicable laws and regulations. From
time-to-time, versions of the above-mentioned policies and terms are
made available on the Platform for Your reference and to understand how
we handle Your personal information. By using or visiting the Platform
and services provided to You on, from, or through the Platform, You are
expressly agreeing to the terms of the Agreement and any other terms
that are updated from time to time.
If You disagree with any part of this Agreement or do not wish to
be bound by the same, then please do not use the Platform in any manner.
- Access and Registration: If You’re an individual You must
be at least 18 (eighteen) years of age, or, if You are between
the ages of 13 and 18, You must have Your parent or legal
guardian's permission to use the Platform. By using the
Platform, You are, through Your actions, representing and
warranting to us that You have obtained the appropriate
consents/permissions to use the Platform. If You are under the
age of 13 years or 16 years (depending on your country of
reisdence), You may neither use our Platform in any manner nor
may You register for any content or services offered therein.
To access any Content (as defined below) offered on the
Platform, we require You to register for the same by providing
Your name and email address. Please read our Privacy Policy to
understand how we handle Your information. Further, You may also
be required to make payment of a fee to access the Content, if
applicable. For more information, please read our ‘Payments
& Refunds’ section below. You represent that the information
indicated by You during Your enrolment or registration for any
Content on the Platform, is true and complete, that You meet the
eligibility requirements for use of the Platform and the Content
offered therein, and You agree to update us upon any changes to
the information by writing to us at the contact information
provided in the ‘Contact Us’ section below.
For the
purpose of this Agreement, “Content” shall mean and
include any course or session (whether pre-recorded or live)
published by the Creator on the Platform, including, but not
limited to any reference materials and text files (if any)
offered to You as part of the Content.
When You
register or enrol for any Content on the Platform, You may also
have access to discussion forums that enables You to exchange
Your thoughts, knowledge in relation to the Content or its
subject-matter, with us and other registrants to the Content
(“Public Forum”). Participating in the Public Forum is
completely Your choice and by registering or enrolling to a
Content on the Platform, You are not obligated to participate in
such Public Forum.
We maintain and reserve the right to
refuse access to the Platform or remove content posted by You in
the Public Forums, at any time without notice to You, if, in our
opinion, You have violated any provision of this Agreement.
Further, to access the Platform and/or view the content
on the Platform, You will need to use a “Supported/Compatible
Device” which means a personal computer, mobile phone,
portable media player, or other electronic device that meets the
system and compatibility requirements and on which You are
authorized to operate the Platform. The Supported/Compatible
Devices to access the Platform may change from time to time and,
in some cases, whether a device is (or remains) a
Supported/Compatible Device may depend on software or systems
provided or maintained by the device manufacturer or other third
parties. Accordingly, devices that are Supported/Compatible
Devices at one time may cease to be Supported/Compatible Devices
in the future. Thus, kindly make sure that the device that You
use is compatible with any of the systems/software used on the
Platform to access the content/material offered therein.
- License to Use: You are granted a limited, non-exclusive
license to access and view the Content on the Platform for Your
own personal, non-commercial use only. Further, if so allowed on
the Platform, You may temporarily download one copy of any
downloadable Content [including Creator Content (defined below)]
on the Platform for personal and non-commercial transitory
viewing only.
This license does not grant You the right
to assign or sublicense the license granted under this Agreement
to anyone else. Further, You may not-
- modify, edit or copy the Content, Creator Content or
any material made available on the Platform;
- create derivative works or exploit any material made
available on the Platform (including the Content and
Creator Content) or any portion thereof (including, but
not limited to any copyrighted material, trademarks, or
other proprietary information contained therein) in
manner that is not permitted under this license granted
to You;
- publicly display (commercially or non-commercially) the
Content, Creator Content or any material made available
on the Platform or otherwise use the same for any
commercial purpose;
- attempt to decompile or reverse engineer any software
contained in the Platform;
- remove any copyright or other proprietary notations
from the Content, Creator Content or any material made
available on the Platform; or
- transfer the any material made available on the
Platform to another person or 'mirror' the same on any
other server.
For the purpose of this Agreement, “Creator
Content” shall mean and include any audio files, video
files, audio-visual files, images, text materials (including
.doc, .docx, and .pdfs) (other than the Content) uploaded or
otherwise published on the Platform by the Creator to be
accessed by You, including, but not limited to any such
content/material posted by the Creator in any Public Forum
(defined below).
This license shall automatically
terminate if You violate any of these restrictions and may be
terminated by us at any time. Upon termination of this license
granted to You or Your viewing of any material on the Platform
(including Content and Creator Content), You must destroy any
downloaded materials in Your possession (whether in electronic
or printed format).
- Communications: The Platform includes provision and
facilitation of Public Forums designed to enable You to
communicate with us and other registrants to the Content You
have registered for. As stated above, use of these Public Forums
are completely your choice and by registering for a Content, you
are not obligated to participate in the Public Forum. However,
if You choose to participate, You agree to adhere to the terms
specified in the ‘Code of Conduct’ section hereinbelow
and such other terms as may be published on our Platform. If it
comes to our notice that Your conduct is in violation of the
terms of this Agreement, then we may terminate or suspend Your
access to any Public Forums at any time, without notice, for any
reason. You represent and warrant that You own and control all
rights in and to any content (including without limitation
chats, postings, or materials) uploaded or posted by You on the
Public Forums or anywhere on the Platform (“Learner
Content”), or that You are licensed to use and reproduce
such Learner Content. We are not responsible for the information
that You choose to share on the Public Forums, or for the
actions of other users therein. You further understand and agree
that You, shall be solely responsible for the Learner Content
including its legality, reliability, accuracy, and
appropriateness, and the consequences of its publication.
Further, if you do post content or submit any Learner
Content on the Platform, and unless otherwise indicated by You
in writing (emails included) to us, You hereby grant us a
non-exclusive, royalty-free, irrevocable, perpetual and fully
sublicensable rights to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such Learner Content throughout the world in any media.
- Code of Conduct: You agree to the following:
- Legitimate usage of the Platform: You agree to
use the Platform only for lawful purposes and You are
not allowed to use our Platform to engage in any kind of
activity that violates any applicable central, state,
local, federal or international law or regulation
(including, without limitation, any laws regarding the
export of data or software to and from the USA or other
countries). Also, You agree that You will not use the
Platform in any manner that would disrupt, damage or
impair the Platform or access to it, in any manner,
including promoting or encouraging illegal activity such
as hacking, cracking or distribution of counterfeit
software, compromised accounts, or cheats or hacks for
the Platform and conduct of any form of fraudulent
activity.
- No harmful or dangerous content: Any content
which incites or promotes violence, that may cause
physical or emotional harm or that may endanger the
safety of any individual or is otherwise objectionable
is expressly prohibited on the Platform. The Platform is
to be used only for the permitted uses as detailed under
this Agreement.
- No hateful or defamatory content: We realise
that there may be instances when there are exchange of
ideas and opinions which is essential in the learning
process, while we agree that individuals have the right
to voice their opinion, we do not encourage or tolerate
any form of hate speech or statements that are libelous,
slanderous, threatening, violent, predatory, defamatory,
or any statement that incites hatred against specific
individuals or groups with respect to but not limited to
race or ethnic origin, country caste, religion,
disability, gender, age, sexual orientation/gender
identity etc.
- Violent and graphic content: Any content, the
sole objective of which is to sensationalise, shock or
disturb individuals is not allowed. We do not allow any
content that promotes terrorist acts or incites
violence, to be uploaded on the Platform in any manner.
- Harassment and bullying: We do not tolerate any
form of harassment or bullying on the Platform and
strive to keep the Platform a safe space to foster
learning. Harassment in this case would include, without
limitation, to abusive videos, comments, messages,
revealing someone’s personal information, including
sensitive personally identifiable information of
individuals, content or comments uploaded in order to
humiliate someone, sexual harassment or sexual bullying
in any form.
- Spam: Posting untargeted, unwanted and
repetitive content, comments or messages with an
intention to spam a Public Forum or otherwise the
Platform and to drive traffic from the Platform to other
third-party sites is in direct violation of this
Agreement. Posting links to external websites with
malware and other prohibited sites is not allowed.
- Scams: Any content uploaded or posted in order
to trick others for their own financial gain is not
allowed and we do not tolerate any practices of
extortion or blackmail, either.
- Privacy violation: Kindly refer to our Privacy
Policy to know how to protect Your privacy and respect
the privacy of other Users.
- Impersonation: Impersonating another person,
including but not limited to, another learner, is not
permitted while using our Platform. In this case
impersonation would mean the intention to cause
confusion regarding who the real person is by pretending
to be them (such as using names, image, documents,
certificates etc. not belonging to You or not used to
identify You, or pretending to be a company, institute,
group etc., by using their logo, brand name or any
distinguishing mark).
- Unauthorized Access or Disabling of Platform:
You agree not to (i) use the Platform in any manner that
could disable, overburden, damage, or impair the
Platform or interfere with any other user’s use of the
Platform; (ii) not to use any manual process to monitor
or copy any of the material on the Platform or for any
unauthorized purpose; (iii) use any device, software, or
routine that interferes with the proper working of the
Platform; (iv) attack the Platform via a
denial-of-service attack; (v) attempt to gain
unauthorized access to, interfere with, or disrupt any
parts of the Platform, the server on which the Platform
is stored, or any server, computer, or database
connected to or associated with the Platform; and (vi)
introduce any viruses, trojan horses, worms, keystroke
loggers, malware, or other material which is malicious
or technologically harmful to the Platform.
- If any violation of the above rules of conduct comes to
our notice, then, we reserve the right to refuse Your
access to the Platform, terminate accounts or remove
such violating content at any time without notice to
You.
- Intellectual Property:
We own all information
and materials, including Content and Creator Content (in
whatever form or media) provided or communicated to You by or on
behalf of us including but not limited to, the Platform,
trademarks, trade dress, logos, wordmarks, illustrations,
letters, images, ideas, concepts, the layout, design, flow, look
and feel of the Platform, logos, marks, graphics, audio files,
video files, any software which is owned by or licensed to us,
instructions embedded in any form of digital documents and other
data, information, or material made available to You by us
(“Creator’s Intellectual Property”). Creator’s
Intellectual Property, including the copyrights and trademarks
contained therein, may not be modified by You in any way. You
acknowledge and agree that You do not acquire any ownership
rights to Creator’s Intellectual Property by use of the Platform
or any part thereof. You acknowledge and agree that the
Creator’s Intellectual Property is protected by the applicable
intellectual property laws, including international copyright,
trademark, patent, trade secret and other intellectual property
or proprietary rights laws and any unauthorized use,
reproduction, modification, distribution, transmission,
republication, display or performance of the Creator’s
Intellectual Property or any component thereof is strictly
prohibited.
- Feedback: If You submit suggestions, ideas, comments, or
questions containing product feedback about any Content, the
Platform or any part thereof, either through the Public Forum or
otherwise (“Feedback”), then You grants to us a
worldwide, non-exclusive, royalty-free, perpetual, and
irrevocable right to use (and full right to sublicense),
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, transmit, and display such Feedback in
any form. You shall have no intellectual property right in any
Content, Platform or any part thereof, as a result of our
incorporation of Feedback into any Content or the Platform.
- Payments and Refunds: To register/enrol for any Content,
You may need to pay a fee as may be applicable (“Content
Fee”). Please refer to our Platform to know the pricing.
Payment of such Content Fee shall be processed through
third-party payment processors. Your payments may be subject to
applicable taxes, so we suggest that You read terms and policies
of of such third party payment processors to understand the same
better. Once You purchase access to a Content on the Platform,
the same cannot be cancelled and there shall be no refund of the
Content Fee, unless otherwise stated in our Refund Policy.
As stated
above, we use third-party service providers to enable You to
make payment for the purchases made on the Platform.
Accordingly, it is hereby clarified that we do not capture
and/or store any of your sensitive personal information. While
making payments through such third-party payment
gateways/service providers kindly ensure to read through their
terms and conditions.
- Disclaimer: THE PLATFORM IS PROVIDED TO YOU "AS IS" AND
"AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, THE CREATOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS
AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE
PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES
THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING,
THE CREATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO
REPRESENTATION OF ANY KIND THAT THE PLATFORM OR THE SERVICES OR
PRODUCTS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE
ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER
SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR
BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE CREATOR
MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE
PLATFORM, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS
INCLUDED THEREON; (II) THAT THE PLATFORM WILL BE UNINTERRUPTED
OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR
CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE
PLATFORM; OR (IV) THAT THE PLATFORM, ITS SERVERS, THE CONTENT,
OR E-MAILS SENT FROM OR ON BEHALF OF THE CREATOR ARE FREE OF
VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR
OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT
APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS
SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST
EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
- Limitation of Liability: In no event shall the Creator
be liable for any damages (including, without limitation,
damages for loss of data or profit, or due to business
interruption) arising out of the use or inability to use the
Content or any other materials on the Platform, even if the
Creator or any authorized personnel of the Creator has been
notified orally or in writing of the possibility of such damage.
Some jurisdictions do not allow limitations on implied
warranties, or limitations of liability for consequential or
incidental damages, so, some or all of these limitations may not
apply to You.
- Indemnity and Release: You shall indemnify and hold
harmless the Creator and where applicable, its officers,
directors, agents and employees, from any claim or demand, or
actions including reasonable attorney's fees, made by any third
party or penalty imposed due to or arising out of Your breach of
this Agreement or any document incorporated by reference, or
Your violation of any law, rules, regulations or the rights of a
third party.
- Links to Third Party Website: Creator has not reviewed
all of the sites linked to its Platform and is not responsible
for the contents of any such linked site. The inclusion of any
link does not imply endorsement by the Creator of such site. Use
of any such linked website is at the Your own risk.
- Governing Law and Jurisdiction: Any claim relating to
the Platform shall be governed by the laws of the Creator’s home
jurisdiction (as provided on the Platform) without regard to its
conflict of law provisions. You agree, as we do, to submit to
the exclusive jurisdiction of the courts at Creator’s home
jurisdiction.
- Miscellaneous:
- Alteration of Platform or Amendments to the
Conditions: We reserve the right to make changes
to our Platform, policies, and this Agreement at any
time. We will post the new terms with a revision date
indicated at the top or if deemed practicable. You
should check our Platform frequently to see recent
changes. You will be subject to the Agreement and the
policies in force at the time that You use the Platform
or any part thereof, unless any change to those policies
or these conditions is required to be made by law or
government authority (in which case it will apply to
orders previously placed by You). If any of these
conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable
and will not affect the validity and enforceability of
any remaining condition.
- Waiver: If You breach these conditions and we
take no action, we will still be entitled to use our
rights and remedies in any other situation where You
breach these conditions.
- Assignment: You may not assign or transfer this
Agreement, by operation or law or otherwise. Any attempt
by You to assign or transfer this Agreement will be null
and void.
- Severability: If any provision of this Agreement
will be adjudged by any court of competent jurisdiction
to be unenforceable or invalid, that provision will be
limited to the minimum extent necessary so that this
Agreement will otherwise remain in effect.
- Events beyond our reasonable control: We will
not be held responsible for any delay or failure to
comply with our obligations under these conditions if
the delay or failure arises from any cause which is
beyond our reasonable control. This condition does not
affect Your statutory rights.
- Contact Us: If You’ve have concerns or queries regarding
this Agreement, You may write to us by email at team@pnptec.com.