Terms

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.bookmyactivity.co.in

Terms of use

Welcome to Book My Activity (hereinafter referred to as " Book My Activity" ,"www.bookmyactivity.co.in", "we" ,"us", or "our"). Book My Activity is owned and operated by and/or on behalf of SCIM Technology & Buildcon Pvt Ltd. We provide an on-line platform to bridge the gap and disconnect between the seeking students/participants and facilitators offering academic as well as non-academic courses and coaching. Book My Activity brings it's unique and compelling way to share your expertise and explain what values your team can add to the skills and capabilities of the participating candidates. We provide informative options to every user about the coaching, training, courses available within the nearby vicinity as well as in the area/location of the user's choice and also facilitate providers/practitioners of such value-adds to reach the masses at insignificant cost. Users get access to a variety of services, including but not limited to our website, mobile application, and other products and services available through our website and mobile application (collectively the "Services").

By using our Services you acknowledge that you have read, understood and agree to our Privacy Policy and Terms of Use, which apply to all visitors, users, and others who access our Services ("Users"). If you do not want to be bound by the same, please do not use our Services. The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. Our Services may also include paid products and services. By purchasing or using our paid products and services, you agree to these Terms of Use.

Restrictions on Use

  • You agree not to transmit any material designed to interrupt, damage, destroy or limit the functionality of our website or the Services.

  • You agree not to use any automated software to view the Services without consent and to only access our Services manually.

  • You agree not to use the Services other than for your own personal use i.e. as a participant seeking a facility or providing one.

  • You agree not to attempt to copy our data or reverse engineer our processes without our consent.

  • You agree not to use our Services in any manner that is illegal, immoral or harmful to us.

  • You agree not to use our Services in breach of any policy or other notice on our website.

  • You agree not to remove or alter any copyright notices that appear on our website.

  • You agree not to publish any material that may encourage a breach of any relevant laws or regulations.

  • You agree not to interfere with any other user's enjoyment of our website or the Services.

  • You agree not to transmit materials protected by copyright without the permission of the owner.

  • You agree not to conduct yourself in an offensive or abusive manner whilst using our website or the Services.

You must be over eighteen years of age to register for our Services and must ensure that the details provided by you on registration are true, accurate, current and complete. It is your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our Services may be used by anyone who visits without requiring registration, some of the Services require you to register in order to enable us to verify your identity.

When registering, you will be asked to create a password and will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorisation, please contact us immediately. We may permit you to register for our Services using your Facebook, Twitter or Google account. If you complete your Registration via Facebook, Twitter or Google account, all applicable Facebook, Twitter or Google terms of use and any changes to the same shall apply to you in addition to these Terms of Use.

You will be solely responsible for your acts on the Services including those conducted under the username assigned to you. You understand and agree that we may, in our sole discretion, terminate your access to the Services without notice and you waive any right to claim access to the Services or any other claim that you may have. Any data of your usage may be retained or deleted at our sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access the Website.

By using our Services and providing us with your contact information, you agree that we can send you communications about our Services, your account, other services and occasional third party offers. By using our Services or by filling out any forms/agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers and/or Facilitators , whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. You consent for us to record your call when you call us.

You hereby expressly agree that such authorisation shall override the national Do-Not-Disturb Registry (DND), even if the phone numbers in question are registered under DND list of national Consumer preference registry (NCPR/NDNC).

You further undertake not to make any complaints to NDNC for any calls received from BookMyActivity for its services/ products, and shall indemnify BookMyActivity and any of its business associates for having engaged in any such practice. Such indemnification shall extend to, without limitation, court cases, suits, advocate fees, and other analogous expenses, whether or not the dispute subjected to judicial scrutiny.

All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

You agree that you will use the Services only for the purposes of viewing: academic or non academic activities, curriculum as well as extra curriculum activities or to such other services provided by us through our Website and mobile applications in accordance with these Terms of Use and all other applicable agreements that you may have entered into with us.

You will use the Services and any information available in accordance with all applicable laws and regulations. These Terms of Use are in addition to and not in derogation of any other agreements or terms and conditions agreed upon or entered into by you.

By creating an account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as activity information tools and for no other reason.

While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.

By using certain of our Services, you agree that we may create a user account for you. You can learn about our policies for data collected via user accounts in our Privacy Policy. Like all our accounts, you may delete it at any time.

Materials you provide

By submitting content on our website or otherwise providing content to us in connection with the Services ('Materials'), you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to (a) use, reproduce, distribute, display, modify and edit these Materials in connection with the Services and (b) sublicense these rights. We will not pay you any fees for these Materials and reserve the right in our sole discretion to remove or edit them at any time. You also warrant and represent that you have all rights necessary to grant us these rights. We permit you to post Materials on our website in accordance with our procedures provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.

Availability of website

We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.

Third parties

Our website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties, and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

Intellectual property

The Services and all content on our website, including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of SCIM Technology & Buildcon Pvt Ltd and its licensors. Our logos together with our trademarks and/or service marks shall not be copied or reproduced without our prior written consent. All rights are reserved, except for the limited licensed rights expressly granted below.

You shall not reproduce, republish, transmit or distribute any material or information on our website without our prior consent. However, you are granted a limited right to access the Services and retrieve, display and print content pages for your own personal, non-commercial use only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use our Services and to prevent future access by you to our website.

News articles displayed on our website are the copyright of SCIM Technology & Buildcon Pvt Ltd.

Disclaimer

The Services are provided on an 'as is' and 'as available' basis and we make no representations or warranties of any kind, either express or implied. You expressly agree that your use of our website and the Services is at your sole risk and we expressly disclaim any and all warranties, either express or implied, including without limitation warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. We accept no responsibility and make no guarantee that the Services will be free from faults, errors and/or omissions. It is your sole responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of the Services or any information provided.

Activity descriptions and other information provided on our website are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. The Activity and other advert pages on our website do not constitute activity particulars and these should be available directly from the activity facilitator/ provider. It is the responsibility of prospective participant/subscriber to satisfy themselves as to the accuracy of any descriptions displayed and the responsibility of activity facilitator / provider to ensure the accuracy and integrity of descriptions provided on our website and in any particulars.

Limitation of liability

In no event shall we nor any of our officers, shareholders, directors, employees, agents or suppliers be liable for any loss or direct, indirect, consequential, incidental, special or any other damages arising from your use of the Services. Should you not agree with any part of these Terms of Use or have any dispute or claim against us or our suppliers with respect to these Terms of Use or the Services, your sole and exclusive remedy will be to discontinue using the Services.

Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of the Services, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity. Such indemnification shall extend to, without limitation, court cases, suits, advocate fees, and other analogous expenses, whether or not the dispute subjected to judicial scrutiny.

Force Majeure

In no event shall we be liable for any acts beyond our control or for any acts of god.

Changes to Terms of Use

We reserve the right in our sole discretion to change these Terms of Use at any time without prior notice to you. Any changes will be posted on our website and become effective at the time of posting.

Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. We reserve the right to modify, suspend or discontinue all or part of the Services at any time to you and/or others, with or without notice. We shall not be liable to you or any other party should we exercise our right to modify, suspend or discontinue all or part of the Services.

Applicable law

These Terms of Use shall be governed by and construed in accordance with Indian law and the parties agree that any disputes will be settled in Nashik courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights. Should any provision of these Terms of Use be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms of Use shall remain in full force and effect.

Cancellation/Refund Policy

While availing any of the payment method(s) available on the Services, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you. All payments made on the Services, including payments made towards apartment bookings, convenience fee etc are non-refundable. In the event payment is deducted from the User's account with non-completion of the booking, the exact amount shall be refunded to the User via the same mode of payment within 7-14 working days. All commercial terms are on a principal-to-principal basis between the Buyer and the Seller and our payment facility is merely used by the Buyer and the Seller to facilitate the completion of the transaction. Use of the payment facility shall not render us liable or responsible for the non-completion, non-payment, damage, breach of representations and warranties or fraud as regards the projects listed on our Website, mobile application etc.

General

The headings in these Terms of Use are solely used for convenience and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time without notice to you and upon such assignment will be relieved of any further obligation under these Terms of Use. You may not assign, transfer or sublicense your rights, if any, under these Terms of Use. Our delay or failure to exercise or enforce any right or provision of these Terms of Use with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control.

These Terms of Use together with the Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede any and all prior agreements and understandings between you and us.

If you have any questions or comments about our Terms of Use, please Contact Us.

These Terms of Use were last updated on 20th Jan, 2016.