TERMS OF USE AND SERVICE

 

PLEASE READ THIS ‘TERMS OF USE AND SERVICE’ PROVIDED BY THE ‘M/S. OUTSCAL TECHNOLOGIES PRIVATE LIMITED’ (HEREINAFTER REFERRED  AS ‘THE COMPANY’), AS APPLICABLE DEFINED BELOW AS THE "TERMS OF USE AND SERVICE" CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING USER’S LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BELOW GIVEN TERMS OF USE AND SERVICE MUST BE AGREED TO BEFORE USING THE PRODUCT OUTSCAL (“OUTSCAL”, “OUTSCAL APP”, “WE”, “US”, “OUR”), OPERATED AND PROVIDED BY THE COMPANY. 

 

PRESENT TERMS OF USE AND SERVICE SHALL BE CONSTRUED TO BE A BINDING CONTRACT BETWEEN THE COMPANY AND THE USER OF THE SERVICES.

 

  1. INTERPRETATION 

 

  1. Effective Date: The Effective date shall be the date at which a User has created its account/profile on the website; or is visiting the website for the purpose of availing the services of the Company or providing any personal data on the website for the Company to contact the user, as applicable.

  2. Services: It shall include both the services listed on the Site and related app and or any other services offered on this Website by the Company. 

  3. Product: It includes the website and the app-based platform that will be offered to the Users along with the services.

  4. User: it shall include both registered and unregistered members. 

  5. Member: It shall include every individual or entity signing up on the website or are registered users of the services offered on the website.

  6. Parties: The term shall be understood in context of any agreement between the Company (as one party) and User (as second Party).

  7. Visitors: shall be referred to unregistered users on the website. 

 

  1. NATURE OF SERVICE: Outscal is an Ed-Tech Institution providing training across various technical domains like Data Structures, Algorithms, Game Development etc. The Company Also provides placement assistance to the candidates enrolled in its various programs.


 

  1. APPLICATION

 

The ‘Terms of Use and Service’, as amended from time to time, shall be applicable to the mobile applications, websites and related subdomains, and/or all other formats/platforms on which it is available. Owned, managed and operated by the Company. 

 

  1. CONTRACT

You agree that by clicking “Join”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Outscal (even if you are using our Services on behalf of a company). If you do not agree with these present Terms mentioned hereunder, do not click “JOIN” (or similar) and do not access or otherwise use any of our Services. Your use of our Services is also subject to our Terms and policies as may be updated from time to time on the website. 

The present contract applies to both members and visitors.

 

  1. ASSENT AND DEEMED CONSENT

    1. By using the website, the user warrants that it has read and understood the Terms of Use and Service and that it agrees to be bound by it. If the User does not agree to the Terms of Use and Service, they may leave the Website immediately. The Company only agrees to provide the use of the services if the User has provided its assent to these Terms of Use and Service. 

    2. On registration for an account to use this Site or the Services of the Company, by using the Services after the Effective Date if user had an Account on the Effective Date, or by clicking to accept the Terms of Use and Service when prompted on the Site, user agree to abide by this Agreement and the other Terms of Service.

    3. In order to access all the sections of the site and avail services of the Company, the user must register for an Account or provide its personal data in the form provided for the Company to contact the User. . 

    4. The user understands and agrees that the information provided by them on the platform shall be used by the Company to provide them with enriched experience.

 

  1. JURISDICTION OF CONTRACTING PARTIES

You are entering into this Contract with the Company (also referred to as “we” and “us”). and your personal data provided to, or collected by or for, our Services is controlled by the Company Private Limited or its affiliates/associates/employees or appointed Third Party.

 

  1. MEMBERS AND VISITORS

When you register and join the Outscal Service, you become a Member. You need to be registered to access the app/website. 

 

  1. CHANGE

We may modify this Contract, and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

 

  1. USER CONDUCT AND BEHAVIOUR

 

  1. You agree to participate in any Services with sincerity, diligence, and not indulge in any unethical, corrupt or illegal practice. This includes behavior that amounts to cheating, collusion or any coordination action conducted with the intention to subvert these Terms or any conditions that may be applicable.

  2. You agree not to post, transmit or cause to be posted or transmitted any content, message or post that amounts to solicitation of a service or a business, or provided with the intent or activities commonly referred to as "phishing", "pharming" or "whaling", or any message or post intended to obtain personal information, including passwords, financial information, card details or confidential information of a person.

  3. You shall also not indulge in activities that amount to:

• Harassment of other users, instructors, Outscal personnel, or other third parties;

• Disparage, defame or bring disrepute to any person; or

• Show hostility, bully or create disharmony among other users or third parties.

  1. We have the right to report any such suspicious activity to legal or law enforcement authorities without notice from time to time. You agree to provide true and correct information to us at the time of enrolment, and not use any tool, service, platform, or technique to change your location or provide incorrect details to impact any restrictions, limitations, or technical features to the Services.

 

  1. You may not do any of the following while accessing or using the Platform and Services:

  1. access, tamper with, or use non-public areas of the Platform, Company’s computer systems, or the technical delivery systems of the company's service providers.

  2. disable, interfere with, or try to circumvent any of the features of the Platforms related to security or probe, scan, or test the vulnerability of any of our systems.

  3. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Platform or Services.

  4. 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 platform. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.

  5. in any way use the Services to send altered, deceptive, or false source-identifying information; 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.

  6. downloading or any other means of illegally acquiring the content.

  7. Use the content, pictures, information, third party information posted on the website in any manner apart from your information. 

 

  1. COURSE AND CONTENT

    1. By signing up with us, you shall receive access to videos, text, or other material (Content), training programs (Courses), advice and support (Instructors), and services such as training platforms and technologies, on our Platform. These Services may be made available for free or on the payment of charges that may be displayed on the Platform.

    2. You will have the license to view our course via our Platform for the duration of the course and subsequently, as may be notified to you.

    3. The Services, especially any Courses or Content are for your personal use and benefit alone, and not meant for commercial use. You are granted a limited, non-exclusive, non-transferable license to access and view the Courses and associated Content solely for your personal, non-commercial, educational purposes through the Services. All other uses are expressly prohibited.

    4. This does not give you any right to resell the course in any manner, or display, distribute, or make available any Course or Content on the Platform to any third party in any manner, for a fee or otherwise.

    5. This includes but is not limited to, sharing account information with third parties, downloading the course, sharing or uploading the course on any platform.

    6. We reserve the right to revoke any license to access and use any Services at any point in time if we decide or are obligated to disable access to a course due to legal or policy reasons.

    7. Some of the additional features/ Services on the Platform or a Course may be disabled by us from time to time. For example, we may disable, suspend or terminate access to translations, Q&A services, teaching assistance, if such services are no longer available, on the lack of availability of instructors, or other considerations (that may be notified on the Platform or to you specifically).

    8. We also retain the right to cancel, reschedule, modify, alter or rearrange any Course, or any Content, including any lectures by instructors, representation of topics in Courses, scoring of tests, quizzes, manner of evaluation.

 

  1. ACCOUNT REGISTRATION AND SECURITY

    1. You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

    2.  Registered users: Outscal Website makes certain sections of the Services available to You through the Website only if You have provided Outscal Website certain required User information and created an account and an Outscal Website ID through certain login ID and password ("Account"). In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Outscal Website of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Outscal Website cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Outscal Website or any other user of or visitor to the Website due to the authorized or unauthorized use of Your Account because of Your failure in keeping Your Account Information secure and confidential.

    3. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate, and up-to-date. Use of another user's Account information for availing the Services is expressly prohibited.

    4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Outscal Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Outscal Website has the right to suspend or terminate Your Account and refuse all current or future use of the Website / Services (or any portion thereof).

    5. Guest users: The Website also allows limited access to the Services for unregistered Users (also called 'guest users'). Such users will be able to browse the Website.

 

  1. THIRD-PARTY CONTENTS

  1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

  2. You acknowledge that when You access a link that leaves the Services, the site You will enter into is not controlled by Us and different terms of use and privacy policy may apply. By assessing links to other sites, You acknowledge that We are not responsible for those sites. We reserve the right to disable links to and/or from third-party sites to the Services, although we are under no obligation to do so.

 

  1. NO WARRANTIES DISCLAIMER

To the extent allowed under law, the Company and its affiliates (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and no infringement); (b) do not guarantee that the completeness, security, reliability, quality, accuracy, or availability of the services, and (c) provide the service (including content and information) on an “as is” and “as available” basis.  The Company will not be liable for any losses, damages or claims by you or any third-party in this regard.

 

  1. COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

 

  1. RIGHT TO USE LOGOS

Nothing contained in these Terms of Use constitutes a license in favor of the User to use trademarks, service marks or logos and/or any other marks, owned by Outscal Website that may be reflected on the Website ("IPR"). Any use by the User of IPR will be only with prior written permission from Us. You acknowledge that We are the sole and exclusive owner of Our respective IPR’s and agree that You will not contest the ownership of the said IPR’s for any reason whatsoever.

 

  1. INDEMNITY

    1. Subject to Applicable Laws, each Party (the “Indemnifying Party”) agrees to indemnify the other Party (the “Indemnified Party”) and its directors, officers, employees, agents and representatives against any losses, damages, liabilities, cost or expenses, claims, suits, actions, proceedings, demands, penalties, fines, judgments, awards, or damages (hereinafter referred to as “Demand”) arising out of 

  1. The proven gross negligence or wilful misconduct of the indemnifying Party or its representatives or affiliates vis-à-vis its obligations under this Agreement. 

  2. Misrepresentation by the Indemnifying Party to the other Party or third Parties;  

  3. Non-compliance by the Indemnifying Party with relevant obligations under all applicable laws in relation to the subject matter of this Agreement; or

  4. Any material breach of this Contract by the Indemnifying Party or any of its affiliates of any representation, warranty, covenant, Agreement, or other obligation contained in this Agreement.

 

  1. INTELLECTUAL PROPERTY RIGHTS

The Company reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Outscal logos and other Outscal trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Company or its affiliates.

 

  1. OBLIGATIONS

    1. Service Eligibility

The Services are safe and meant for the use of anyone above the age of 18 (“Eighteen”) ) which is also “Minimum Age”. To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Outscal account, which must be in your real name; and (3) you are not already restricted by Outscal from using the Services. “Minimum Age” means 18 years old. However, if law requires that you must be older in order for Outscal to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

  1. Your Account

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

  1. Notices and Service Messages

You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date. Please review your settings to control and limit the messages you receive from us.

 

  1. CONSIDERATION

    1. Pricing

The prices of the Courses and other Services are informed to you on the Platform and may vary from time to time. Pricing may also be determined based on other considerations such as (but not limited to):You agree that you are authorized to use the payment instrument or payment method by which you make any payment to us and that such payment method has been duly and validly issued.

  • We may continue to provide you access to a Course or any other Services, even if your payment to us fails, subject to you making the payment within the period prescribed by us. We reserve the right to disable access to any Service for which we have not 

  • applicable promotions or discount vouchers;

  • a user’s credits on the platform;

  • their location at the time of the use of the Platform or the declared country of residence at the time of creating an Account;

  • the currency of payment; or

  • applicable taxes and fees or fees which may be incurred by us for bank transfers, or currency conversion.

  • We may also agree to provide bulk rates for institutional purchases, which may be accessible based on your email id, specific links, or other forms of access as developed by us.

  • The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout)

  1. Payments

  • You agree to pay the fees for the Services that you purchase. To achieve this, you agree to share with us/our authorized payments partners with your personal and financial information that may be necessary and authorize us to charge your debit or credit card or process other means of payment (such as direct debit, or mobile wallet) for such fees.

  • We may also issue you credits for high performance, your participation in contests, referral programs, events, or other activities on the Platforms. You may use such ‘credits’ towards paying for a Service on the Platform. We would request you to refer to the Credits Policy to know more about the term, duration, and nature of such Credits.

  • Please note that any credits issued by us are not redeemable for cash and cannot be transferred to any third party as payment for any good or service.

 

  1. OUTSCAL’S RIGHTS TO CONTENT YOU POST

    1. You retain ownership of the content you post to our Platform, including your feedback, messages, notes, text, documents, presentations, and other content that you upload, publish or display. We’re allowed to share your content with anyone through any media, including promoting it via advertising on other websites. You agree that you own the rights to any content shared on the Platform.

    2. We may, at our discretion, delete or remove (without notice) any user content in its sole discretion, for any reason or no reason, including without limitation user content that in the sole judgment of the Company violates these Terms.

 

  1. EXCLUSION OF LIABILITY

    1. To the extent permitted under law, the Company and its affiliates shall not be liable to you or others for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content).

    2. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

 

  1. TERMINATION

Both you and the Company may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. User’s obligation to pay the pending fees and the Company’s right to use and disclose the feedback received by the User shall survive the termination.

 

  1. DISPUTE RESOLUTION

    1. The Parties agree that any dispute between the Parties, which cannot be settled mutually by negotiation, may be resolved exclusively by Arbitration and such a dispute may be submitted by either party to arbitration within 30 days of the failure of negotiations. Arbitration shall be held in Delhi, India and conducted in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof.  Each party to the dispute shall appoint 1 arbitrator each and the two arbitrators shall jointly appoint the third or the presiding arbitrator. The arbitration proceedings shall be conducted in the English language. 

    2. Subject to the above, the courts of law at Delhi alone shall have the jurisdiction in respect of all matters connected with the Contract. The arbitration award shall be final and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction. 

    3. 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.

 

  1. FORCE MAJEURE

    1. If either Party is temporarily rendered unable, wholly or in part, by Force Majeure to perform its duties or accept performance by the other Party under this Agreement, it is agreed that the affected Party shall give notice to the other Party with immediate effect giving full particulars of such Force majeure. The duties of such Parties as are affected by such Force Majeure shall, with the approval of the other Party, be suspended during the period of disability so caused, but for no longer period, such cause shall be removed with all reasonable dispatch.

    2. The “Force majeure” as employed herein shall mean acts of God, strikes, lockouts, industrial disturbances, war, blockades, insurrections, riots, epidemics, civil disturbances, explosions, fire, floods earthquakes storms, lightning and any other causes similar to the kind herein enumerate which are beyond the reasonable control of any Party and which by the exercise of due care and diligence any party is unable to overcome.

    3. If the situation of Force Majeure lasts for a continuous period of more than one (1) months, this Agreement can be terminated by mutual consent and in such event the Party frustrated from performing its obligations shall be absolved from performing the balance portion of its obligations under this Agreement.

 

 

CHANGES TO THE SERVICE PROVIDED

The Company reserves the right to withdraw or amend the Services, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or the Services, or the entire Platform, to users, including registered users.

 

AMENDMENTS 

The Company reserves the right to amend these Terms of Services at any time by posting the amended terms on the Platform. It is your responsibility to review these Terms of Services periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our Platform and the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform and the Service.

 

 

HOW TO CONTACT US

If you want to send us a note, please contact us at hello@outscal.com

 

  1. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011, and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

Name: Mayank Grover

Address: E-204 FF Double Story, Block-C, Ramesh Nagar, West Delhi, Delhi, 110015

Email: privacy@outscal.com

 

For any grievance related to the service of the Company, the member shall drop an email on the provided id with a description of the problem faced along with screenshots or such annexures which shall aid the Grievance officer in understanding the error. The Grievance officer or his team shall revert to the query/error request/technical default alarm etc. raised by the member by member within 10 days from the date of receipt of such email.