TERMS OF USE
Welcome to Basic Academy, where providing opportunities to freelancers and organisations to connect with each other and find the best fit for all their professional needs owned and operated by BHL Marketing Pvt. Ltd. ( "Basic Academy" or “Company” or “We” ). This User Agreement describes the terms and conditions which you accept by using our website or our Services. We have incorporated by reference some linked information.
In this User Agreement:
- “Act”: It means and include any of the following (as applicable)
- The Information and Technology Act, 2000
- The Information and Technology (Amendment) Act, 2008
- The Consumer Protection Act, 2019
- Digital Personal Data Protection Act 2023
- “Rule”: It means and include any of the following (as applicable):
- The Information Technology (Reasonable Security Practices and Procedures And Sensitive Personal Data or Information) Rules, 2011; or
- The Consumer Protection (E-Commerce) Rules, 2020;
- Digital Personal Data Protection Act 2023
- "Account" means the account associated with your email address and mobile both.
- "Buyer" means a User that purchases Services listed on the website.
- "Dispute Resolution Process" means the process to be followed by Buyers and company in accordance with the Dispute Resolution mechanism as suggested in this terms of use.
- "we", “us”, "our", "company" or "the company" or "us" means BHL Marketing Pvt. Ltd. (Basic Academy).
- "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
- "Training" or "Listing" or “Service” means a paid training purchased by a Buyer via the Website. A training service offered by the Basic Academy for freshers and experienced professionals on mortgage and finance industry related industry.
- "User", "you" or "your" means an individual who visits or uses the Website/App
- "Website" means the Websites operated by us available at www.basicacademy.in and any of its regional or other domains or properties, and any related Freelancer service, tool or application, specifically including mobile web, any iOS App and any Android App, or any other access mechanism.
1. OVERVIEW
This user agreement ("Terms of Use") is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This Terms of Use is generated by a computer system and does not require any physical or digital signatures.
By accessing the Website, you agree to the following terms with us. We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
Basic Academy’s online platform serves as a comprehensive learning hub tailored specifically for both students and seasoned professionals eager to expand their knowledge in the realms of mortgage and finance. Recognizing the diverse learning needs of our audience, we offer a robust 360-degree educational approach. Participants can choose from a variety of learning modalities, including:
- Interactive Classroom Sessions: Engage with industry experts in a traditional classroom setting, fostering direct interactions and facilitating hands-on learning.
- Flexible Online Classes: For those with tight schedules or geographical constraints, our online courses offer the same depth of knowledge as our in-person sessions but with the added benefit of learning at one's own pace.
- Practical Training Modules: Beyond theoretical knowledge, we believe in the power of practical application.
Please note that by accessing or using the said Website(s)/Mobile Application(s), the User(s) voluntarily agree to be bound by this Terms of Use and, this Terms of Use is a legally binding agreement between the User(s).
2. SCOPE
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.
3. ELIGIBILITY
You will not use the Website if you:
- Are not able to form legally binding contracts;
- Are a minor;
- A person barred from receiving and rendering services under the laws of India or other applicable jurisdiction;
- Are suspended from using the Website;
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a user subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. USING BASIC ACADEMY ACADEMYACADEMY:
While using the Website, you will not attempt to or otherwise do any of the following:
- Post content or items in inappropriate categories or areas on our Websites and services;
- Infringe any laws, third party rights or our policies.
- Fail to deliver payment for services delivered to you;
- Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
- Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- Transfer your website account (including feedback) and Username to another party without our consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm our website, the Website, or the interests or property of our users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- copy, modify or distribute rights or content from the Website or Freelancer's copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
5. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us on [email protected] and we will investigate.
6. FEES AND SERVICES
We charge fees for various training programs and services including but not limited to Mortgage Course, Field training etc. When you register for a service that has a fee, you have an opportunity to review and accept the fees that you will be charged, which may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence. Unless otherwise stated, all fees are quoted in Indian Rupees.
7. PROMOTION
We may display your Photo or business name, logo, images or other media as part of the our Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing. You acknowledge that we may use the public description of your training program and the success stories associated and other content of your profile information on the Website for marketing and other related purposes.
8. TRAINING TERMS:
- You acknowledge and agree that we act only as a forum for the online/offline upskilling/vocational training and publication of User content. We make no warranty the training content that is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;
- Training and Professional Success
- Training Commitment: The Company is dedicated to offering high-quality upskilling training for both students and professionals. Our curriculum is designed based on best-in-class industry standards and is delivered by experienced trainers who are knowledgeable in their respective fields.
- Limitation of Liability: While the Company endeavours to provide the finest training and information available, it is to be understood that participation in our programs does not guarantee any specific outcomes in a participant's professional career. Success in the professional realm is influenced by a multitude of factors, many of which are beyond the scope of the training provided by the Company
- No Warranty of Professional Success: The Company does not make any representations, guarantees, or warranties regarding a participant’s prospects for professional advancement, job placement, or any other professional achievements as a result of the training received. Users of our platform undertake the training programs at their own discretion and should exercise independent judgment when applying the skills and knowledge acquired.
- Best Efforts: Notwithstanding the foregoing, the Company remains committed to its mission and will continue to strive to provide the best possible training experience for all participants, aiming to equip them with valuable skills and knowledge for their professional journeys. Participants are advised to read and understand this clause thoroughly before enrolling in any training program offered by the Company. Your decision to participate signifies your acceptance of the terms set forth in this clause.
- You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libellous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about User or any other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9. PAYMENT
By enrolling in our training program, you commit to paying the associated fees. You grant us permission to process your payment using the debit or credit card details provided or any other payment methods you select. Basic Academy collaborates with trusted payment service providers to ensure secure and convenient transaction methods. Occasionally, we may update your payment details based on the information from these providers. For more on how we handle your information, please refer to our Privacy Policy. Please ensure that you use valid and authorized payment methods when making a purchase. If there's an issue with your payment, yet you still access the course, you are obligated to settle the fees within 30 days of our notice. Should we not receive the due payment, we hold the right to restrict access to the concerned training program.
10. REFUND POLICY
If the training program you purchased is not what you were expecting, you can request, within 5 days of your purchase of the training program, that Basic Academy will apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers. No refund is due to you if you request it after the 5 days time limit has passed. However, if the training program you previously purchased is not available for legal or policy reasons, you are entitled to a refund beyond this 5 day limit. Basic Academy also reserves the right to refund students beyond the 5 day limit in cases of suspected or confirmed account fraud. If we decide to issue refund to your account, then it will be automatically applied towards your next/other training program on our website. Refund credits may expire if not used within the specified period and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the training content and program that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services.
11. IDENTITY VERIFICATION
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your Aadhar card, passport or driver's licence). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or our Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided.
12. RIGHT TO REFUSE SERVICE
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of this User Agreement;
- if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;
- if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
- you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
- to manage any risk of loss to us, a User, or any other person; or
- for other reasons.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
13. GOVERNING LAW AND DISPUTE RESOLUTION
Arbitration: If any dispute, difference, or claims (the "Dispute") arises between the Parties about the validity, interpretation, implementation or alleged breach of any provision of this Agreement, then the Parties shall negotiate in good faith to endeavour to resolve the matter. However, if the dispute has not been resolved by the Parties within 15 days of notification of such Dispute, then either Party may submit the Dispute to arbitration to be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act 1996 (as amended). Arbitration proceeding shall be held at Gurugram, Haryana India. The dispute shall be referred to a sole arbitrator who shall be a neutral and suitably qualified third party mutually agreed upon by the Parties to the dispute, failing which, each Party shall appoint one arbitrator each and the two arbitrators shall appoint the third and the presiding arbitrator. The arbitration proceedings shall be conducted at Gurugram, Haryana and the award shall be rendered in the English language. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties, unless the award otherwise provides.
14. PRIVACY
We use your information as described in the our Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment
15. INDEMNITY
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and training program.
16. SECURITY
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or our Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.
17. NO WARRANTY AS TO CONTENT
The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or any training program;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website or any training program.
- whether the website or training programs will be up-to-date, uninterrupted or error-free;
- whether defects in the Website will be corrected;
- whether the Website, the training program or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, training programs;
- the Website, training program or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement
18. LIMITATION OF LIABILITY
In no event shall we our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
19. NOTICES
Legal notices will be served to the email address you provide to our website during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by postal mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to us must be given on [email protected]
20. SEVERABILITY
The provisions of these terms of use are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
21. INTERPRETATION
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. NO WAIVER
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
23. COMMUNICATIONS
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account
24. FEEDBACK
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer care at [email protected]