The terms laid here in under is an electronic record in accordance with the provisions laid under the Information Technology Act, 2000 and the Information Technology Rules, 2011 as well as any amendments in rules and regulations pertaining to electronic records in various statutes.
The domain name www.thinqdigit.com is owned by Thinqdigit Infotech LLP (hereinafter referred to as “Thinqdigit/Company/We/Us/Our”) which provides training and reference material though the Website and/or Mobile Application (hereinafter referred to as “Site” or “App”)
These Terms & Conditions (“Terms”) is a legal and enforceable agreement between Thinqdigit and the individuals/students/entities who access this site hereinafter referred to as “User/You/Your/Students/Instructors/Publishers” and or will govern the use of the Site or any of its products or services including text-based content, images, videos, online and downloadable tools (hereinafter referred to as “Online Tools”)
To the current date, an Instructor or a Publisher is an individual or an entity responsible for the creation and constitution of tutorials being published on the site for the reference of Users.
Content in the form of text, infographics, videos, and in certain cases, proprietary software and live and recorded sessions, meant to educate or train users is referred to as Tutorials
Other reference material such as blogs, content on Service, eLearn pages, etc. is referred to as Resources.
A draft containing all the project related guidelines is referred to as Proposal.
Agreement to provide services to any company, organization, brand or individual is referred to as Service-level agreement.
Any company, organization, brand or individual, who enters into a service-level-agreement is referred as Client.
2. General Terms and Conditions
Users learn via tutorials that can be in the form of text, infographics, videos, and in certain cases, proprietary software, which can be read or viewed on the Site or App or in certain cases permitted to be downloaded. Users can learn via easily accessible tutorials, infographics, live and recorded sessions, from our Site or App.
Thinqdigit reserves the right to modify or upgrade its products or services at any time. If at all you find that our tutorials, services, resources and/or online tools are not meeting your expectations of understanding or quality in any form whatsoever, then you can discontinue access to our resources on offer.
Since you are a registered user of the website, you agree to receive communications in the form of mails or SMSs regarding security, privacy, and administrative issues relating to your use of our resources on offer.
Thinqdigit reserves the right to change or revise these terms as and when the company finds its necessary, without any prior notice to you. You can come to know about revised terms and conditions when you access the Terms and conditions section of the Site or App and refer to the date of revision. We recommend that you regularly visit this section to ensure your continued acceptance of these terms. After every revision, if you continue to access our resources on offer, it would invariably mean that you agree with these terms and conditions. Notwithstanding the preceding sentences of this section, no revisions to these terms will apply to any dispute between you and the company that arose prior to the date of such revision.
3. Terms and Conditions (For Users Willing to Study at ThinqDigit)
3.1 Registration Terms
To access several sections of our site you need to register with us. During the registration process you will obtain an account, which you can access with a Username Password combination. Once you have registered with us, you can enroll to get access to our Tutorials and other Resources.
The information you provide at the time of registration help us to understand your preferences, deliver efficient customer service, and network management. You are solely responsible to maintain confidentiality of your account, including the username, and password.
You further understand that you are completely responsible for all activities associated with your account. In case you suspect or have evidence of any unauthorized use of your account or any security breach of any kind, it’s you responsibility to notify us.
You further warrant that the information you provide at the time you register with us or as and when required during the future course of your association with us is accurate, current, and complete at all times. If we come to know that such information is untrue, inaccurate, not current, incomplete, or misleading, then we reserve the right to suspend or terminate your account and/or restrict any and all current or future use of our services, without any liability to us.
You also understand that, prior to your notifying us of unauthorized access to your account; you cannot hold us accountable for any loss or damage arising out of your failure or negligence to comply with the requirements stated in this agreement, either with or without your knowledge.
Finally, at anytime during your association with us, you are not authorized to use anyone else’s account or transfer your account to someone else without the permission of the account holder. In case you authorize someone else’s account without our knowledge, you understand that it may lead to your account being suspended or terminated.
3.2 User Submitted Contents
At times, while using our Site or App, you may read posts or comments which you may consider objectionable. You agree with the fact that the company is not accountable for your access or use of any such content. Thinqdigit is also not liable and under no circumstances be responsible for any disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of instructors, publishers or users, including, but not limited to, any user’s reliance upon any information provided on the Site.
3.3 Enrollment and Access to Tutorials
Excluding Online Tools, Thinqdigit holds exclusive license of any content published on the site, including all free or paid tutorials. You agree that, whenever you enrol with us to access the tutorials and other resources of the Site or App, whether that tutorial is free or paid, your access is limited, non-exclusive, and non-transferable.
You are given access to study and gain knowledge from the tutorials and certain resources like blogs. You agree that the tutorials are not sold to you so under no condition you can resell the tutorials to any other person. This includes and is not limited to sharing of account information with a purchaser or illegally transferring the contents of the course via mail or other free or paid file transfer sites or physical transfer through pen drives, flash drives, etc. We will consider sharing or selling of any such account as a violation of contract and under such circumstances, we will have the right to terminate the access to your account.
Not limited to access related issue stated in the previous point, if legal or policy reasons require us to do so, we may temporarily or permanently disable access to your account, or one, a few or all tutorials or other resources you have access to.
3.4 User Conduct
As an individual, brand, company or entity of any other kind, you agree to access our tutorials, online tools and other resources for purposes deemed legally correct under the court of law. As someone who has access to our course, you are solely responsible to adhere to all laws, rules, and regulations pertaining to your use of our offerings.
You agree not to use our tutorials or other resources to recruit, solicit, or contact in any form potential users for contracting, leasing, renting of selling our products and offerings in any form including but not limited to transferring the contents of the course via mail or other free or paid file transfer sites or physical transfer through pen drives, flash drives, etc. to any entity affiliated or non-affiliated with us.
3.5 User Responsibilities
- You have read, understood, and agree to be bound by the pricing information before using the site or registering for a course.
- You agree to translate, republish, or print any content of this Site or App including videos only for personal purposes and only after prior permission from Thinqdigit. However, under no circumstances, you can make copies, or share the content with individuals or entities of any kind, in lieu of payment or for free.
- You agree to not use the website to upload any copyrighted content belonging to any third party in any form including and not limited to videos, text, tutorial, diagrams, graphics, logos, and trademarks.
- You agree to never use the Site or App for any of its sections, for any unethical, unlawful activities including those intended to promote segregation on the basis of gender, age, race, religion, nationality or disability of a person, for motives including but not limited to defamation a person or to violate a person’s right to privacy.
- You agree never upload, post or otherwise transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation through the site.
- You agree to never post any content that is deemed inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous to a person, a group, or a community as a whole and/or deemed unlawful, racist, defamatory or libellous according to the law of the land.
- You agree that, without our prior permission, you’ll never disclose your personal information linked to your account with Thinqdigit to anyone, even if that person is or claims to be associated with Thinqdigit in any form, whatsoever.
- Wherever applicable, you agree to pay the fees for courses that you purchase, and you authorize us to charge your debit card, credit card, or process other means of payment (such as direct debit, or mobile wallet) for those fees.
- You agree not to use any invalid or unauthorized payment method to pay the fee. In rarest of cases, if your payment method fails but still you gain access to the course you are interested in, it’s your obligation to pay the fee for that course within 1 subsequent day. If you fail to make the payment within the stipulated period, we reserve the right to disable access to any course for which we have not received adequate payments.
- As a policy a student of Thinqdigit has to be above 18 years of age. However, in case you have are under 18 years of age, yet still want to enroll in our course or access any of our tutorial, we require consent from parental or legal guardian before you register on our site.
3.6 Refund & Cancellation Policy
The refund policy stated here governs all the courses (self-paced tutorials or an instructor-led training) on offer for our students. If you have opted for any of the courses on offer, you invariably agree with the policy stated here. To seek refund:
- You have to raise the request within 7 days of enrollment.
- If the refund request is made 7 days after the enrollment date, it will not be accepted and no refund will be granted.
- Under no circumstance will Thinqdigit entertain reimbursement requests for any personal or logistical expenses you have incurred thus far to avail the training including but not limited to travel, purchase of gadgets, etc.
- To seek refund for duplicate payment you need to raise a request within 30 days of the transaction. Refund of any duplicate payment will be processed via the same source (original method of payment) in 10 working days, post intimation.
- You need to write at e-mail to us at firstname.lastname@example.org or visit in person to submit a hard copy of the refund request. Refunds (as per the terms and conditions stated above) will be processed within 10 business days of your intimation.
- Thinqdigit reserves the right to change the refunds policy without any prior notice to our customers.
4.1 Information Collection and Use
Thinqdigit Infotech LLP keeps the privacy of the site’s
visitors on top priority. Keeping this motto in perspective, we have laid down certain practices that will ensure safe and seamless use of any sensitive information you share with us through our website such as first and last name, occupation, address, contact number, etc.
We will use the information you share with us to respond to you in case you have any query related to our service. Unless you instruct us against doing so, we will use the information you have shared with us to update you about promotions that we run on the site from time to time, and to send you our periodic newsletters.
Under no circumstance, we will share your information to any other service provider, advertiser, or any other organization, without your written consent.
No information is collected, if you are general visitor of our site. However, if you wish to enquire about the services on offer or to access our tutorials, you may have to register with us by sharing certain personal information with us as stated in “How This Information is Collected” section.
4.2 How This Information Is Collected
We may also share the data stored in the cookies with service providers who can help us to provide better understanding related to general site visit behaviour.
4.3 Log Files
Thinqdigit uses log files to analyze site visit trends, track movement of users, and gather overall demographic information of visitors in general through their IP addresses.
4.4 Links Provided on Our Site
Many a times we may include links to external resources on our site. Pages that open up, once you click on these sites are governed by the respective Privacy Policies of those sites. Access to those links will be at your discretion and Thinqdigit will not have any control over and will not be responsible for any security issue that may occur once you visit those sites.
4.5 How We Secure Your Information
As required under sections 43, 43A, 45 & Section 85 of the Information Technology Act, 2000, as well as any amendment in the said Act, Thinqdigit follows strictand reasonably acceptedsecurityprocedures. These proceduresgive our visitors and customers a safe and secure operational experience when they visit our site.The data you share with us (which includes your personally identifiable information) lies behind a firewall, which only authorized personnel can access. This ensures that your data is protected from any loss, misuse, alteration and destruction.
As Thinqdigit assures proper care and control over its I.T. and Security operations of I.T.Act, 2000 including related rules, you agree and acknowledge that Thinqdigit, including any of its management members will not be held responsible, directly or indirectly, for any cyber crime activity relating to your data. You further agree that Thinqdigit shall not be held responsible for any financial, opportunity, legal, business or reputation losses that may occur to you as a result of any security attack.
4.6 How You Can Contact Us
5. Accessibility Policy
At Thinqdigit, we make every effort to ensure that our students and delegates can access our products seamlessly. To do so, we have set the mandatory terms & guidelines as stated below:
Systems at Thinqdigit confirm to internationally recognized Web Content Accessibility (WCAG) Guidelines 2.1 Level AA as well as the Section 508 standards.
Improving accessibility across our offerings is a continuous process. We make every effort to adapt to any change that makes it easier for our students and delegates to access our courses.
At Thinqdigit, our designers, content creators and project managers keep accessibility to the forefront when they create courses for our students and delegates.
Bugs in our systems are dealt with code red requirement, with a TAT that usually lasts a few hours or less than a day, maximum.
Our students and delegates may report about such issues at email@example.com
6. Third-Party Advertisements
Thinqdigit has business relationships with its customers, suppliers, and other entities. For convenience and simplicity, terms like a partner, partnership, and joint venture are used to indicate business relationships involving common activities and interests, and those terms may not indicate precise legal relationships.
At times, because of commercial obligations with these entities, we serve ads when you visit our Web site. In order to provide advertisements about goods and services of interest to you these entities may use aggregated information about your visits to this and other Web sites. However, this aggregated information does not include your name, address, email address or telephone number).
However, we declare and warrant that these business partners or their clients are not our agents or associates. And since the advertisements are served by our partners Thinqdigit does not guarantee correctness, viability, validity and availability of information displayed on our Site of App through these ads. We also do not guarantee merchantability or fitness of the advertised information for any particular purpose.
7. Warranty Disclaimer Related to Use of Online Tools
It’s your sole decision to use any Online Tool on our Site or App. Under no circumstance does Thinqdigit can be held liable for any hardware malfunction, data loss, or any problem you face while using these online tools. Thinqdigit also does not warrant that any online tool that you intend to use will meet your desired levels of expectations.
Thinqdigit also does not have any association with any warranties expressed or implied otherwise of any software or material, with respect to its merchantability or fitness for a particular purpose.
If you are not satisfied with the performance of such software or material, you can re-download or reinstall the software.
All materials and software available on the Thinqdigit website are provided on “as is” and “as available” basis. Thinqdigit or any of partners make no representations about the suitability of any such material or software for any purpose whatsoever.
Thinqdigit or its partners also disclaim any warranties of any kinds, whether expressed or implied including all warranties and conditions of merchantability, whether express, implied or statutory, related to fitness of a material or service for a particular purpose, title and non-infringement.
8. Warranty Disclaimer Related to Use of Contents
You understand and agree that while using the resources of our Site or App or while you enrol to avail the tutorials, at times you may come across content from a variety of sources, for which Thinqdigit will not be held responsible for the accuracy, quality, legality, or usefulness.
Although Thinqdigit works tirelessly and continuously to provide precise and timely resources, we do not claim warrant that the said resources are accurate, complete, correct, timely, valid, or fit in every respect regarding its commercial use.
You agree that Thinqdigit will not be held liable or responsible for any information you obtain from an employee or representative of Thinqdigit or through the products or resources you download from our Site or App will create any warranty not expressly stated in these terms and conditions.
Although we strive to provide uninterrupted and free of errors access to the resources on our Site or App, we do not warrant that our resources will be free of errors, viruses or other harmful components. Although, upon intimation about existence of such errors, we will use all means to rectify such errors, we do not warrant that any of the foregoing will be corrected.
You also agree that after you’ve downloaded any content, partially or completely, and alter, remove or delete it, you will be completely and solely responsible for the deleted content or any consequences you have to face because of that alteration or deletion.
9. Termination of Agreement
Thinqdigit reserves the right to terminate the agreement with prior written intimation under the following conditions:
Thinqdigit comes to know about any breach of these terms or any of our applicable policies mentioned here including but not limited to:
a) Thinqdigit comes to know that the resources on offer are being used by someone else other than you.
b) Resources are accessed on a computer other than the one registered with us and without our prior intimation.
c) Resources are being used to commit fraud or other unlawful activities.
Following termination, we will terminate your right to access our resources.
It’s within your rights to terminate your use of our products and services at any time, either by not visiting our site or by contacting us at firstname.lastname@example.org. Any applicable revisions will be as per the terms stated in the refunds policy.
Upon termination, we have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.
10. Terms and Conditions related to Our Services
Thinqdigit offers a host of services in several digital marketing and web/apps/CMS development disciplines. If you agree to enter into a service-level agreement with us, the terms and conditions stated herein will govern that association:
For All Services:
All payments will be made via Wire Transfer/Paypal Payments/Direct Credit/ to Thinqdigit Infotech LLP. We can commence work on your project, as soon as you accept our proposal and make the initial payment we had agreed upon
Under no circumstances will Thinqdigit be held responsible for damages, including but not limited to lost profits, lost business, lost savings, or other incidental, consequential and special damages due to our inability to deliver the project because of reasons beyond our control or due to delay in receipt of payment from the end of the Client.
As an economically and socially responsible business entity, Thinqdigit collects and pays taxes in actual.
If the client deducts TDS (tax deducted at source), it will be the duty of the client to provide a TDS certificate to Thinqdigit at the time of making the due payment to the Income Tax Department of India.
In case the client wishes to terminate the agreement in between, any initial payment the Client has made will not be refunded.
During the entire period of our association as a Client and Contractor, and 12 months thereafter, ThinqDigit will not hire any employee working with the client without the client’s prior approval or make any effort to terminate his employment with the client. The client also agrees to not hire any employee working with Thinqdigit without our prior approval or make any effort to terminate his employment with Thinqdigit.
Both the parties agree that neither this agreement, nor any other statement of work or any licenses granted as part of the service-level agreement can be transferred, assigned, delegated, or subcontracted to any party without the written understanding between the two.
The client certifies that any logos, images, graphics, videos, trademarks, any specific source code or artwork that the client intends to include in the agreed deliverables are owned by the client, or that the Client has all the permissions needed to include them in the deliverables.
The client also agrees to protect or defend Thinqdigit from any claim or suit that may arise following the inclusion of such logos, images, graphics, videos, trademarks, any specific source code or artwork in the deliverables.
Thinqdigit retains the right of source code/design of the files produced as part of the deliverables.
The terms stated here constitute the sole agreement between Thinqdigit and the Client.
For Web/Apps/CMS Services
- At the time of initial project briefing, it’s the requirement of the Client to provide clear guidelines. Failure to do so, will compel us to proceed as per our understanding. At any later stage, if the Client requires us to accommodate for any amendment, we may do so at additional cost to the Client. To avoid such a scenario, it’s essential for the Client to communicate all the requirements, clearly and precisely, before we commence our work.
- Any amendments in the client requirements after the initial proposal has been finalized will affect the proposal and may incur additional cost to the Client as it may require significant additional effort on the part of Thinqdigit.
- Any complexity involving the project must be communicated before the proposal has been finalized so that its cost can be catered in accurately in the project’s overall cost.
- At times due to unforeseen circumstances and situations beyond our control, there may be delay in project delivery. This includes integration of third-party software into the system. Although, Thinqdigit always tries its best to complete the project within agreed timeframe, it’s agreed that the client will not panelize us for any delay in deliverables for reasons beyond our control.
- Thinqdigit takes no responsibility for issues, disruptions, or delays that may occur due to the integration of any third-party software such as inclusion of plugins, themes, certificates, etc. into the deliverables.
- If not included in the proposal, domain registration charges, theme insertion charges, SSL integration charges, etc. will be borne by the client.
- Once the project is delivered, Thinqdigit will provide free maintenance for a month and training to up to 10 resources. Any maintenance effort beyond one month will come at additional cost to the client.
- Thinqdigit does not give access to any test server, test website, test app, etc. to any third party.
11. Modification of Services
Thinqdigit reserves the right to modify the features, pricing, and other aspects of any tutorials, or other resources such as the services we offer on our Site or App. We also hold the sole right to modify the terms and conditions to cater to any such modification. You also agree that Thinqdigit reserves the right to modify or discontinue, temporarily or permanently, any content or reference material and will not be liable or responsible for any loss or damage that may occur because of any deletion or modification of any content or reference materials.
12. Terms and Conditions
Under no circumstances Thinqdigit is or will be liable to any user for:
- Any loss or damage a user suffers following the use of our products (online tools, downloadable content of any kind etc.) or any information available on our Site or App.
- Any kind of special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever, as a result of using or inability for using the information available on our Site or App .
- Direct or indirect access of any third party site or app through links provided on our Site, or App including but not limited to any errors in or omissions.
- Loss or damage due to unavailability of our Site or App, intermittently or continuously, or for any specific period of time.
- All warranties with regards to the software or equipment you’ve purchased and/or installed on your system following the recommendation of our employees, contractual technicians, or associates.
12.2 Connectivity and Equipment Costs
Whenever you avail our products, you are solely responsible for the costs you bear to access our Site or App, including the costs involved in procurement of gadgets (laptop, mobile phone, tablet, etc.) and costs involved to establish connectivity with our Site or App, such as installation and maintenance of high-speed broadband connection as well as regular voice and data charges imposed by a wireless carrier or Internet Service Provider.
12.3 Force Majeure
You agree that you won’t hold Thinqdigit responsible for any delay you encounter while receiving our services because of reasons beyond our control. These include delays due to acts of god including flood, earthquake, storm, or any sudden strike by fire, or war, armed conflict, terror act, boycott, riot, release of toxic substance or explosion.
12.5 Severability; Waiver
If any portion of terms and conditions laid herein has become invalid or unenforceable, Thinqdigit will use commercially reasonable effort to enforce such portion of terms and conditions. However, all other provisions will remain in full force and effect. Failure to enforce such provision does in no circumstance be considered as a waiver of such provision.
12.6 Proprietary rights
Other than online tools, Thinqdigit holds the proprietary rights of all the content as well as all trade names, registered marks, and service marks associated or displayed with the content. You are not permitted to deface or remove, or claim any copyright or trademark notices of other proprietary rights of Thinqdigit under any condition whatsoever.
12.7 Claims of Infringement
During or after your association with Thinqdigit, if you find that any content in the hosted course on the Site or App has been duplicated in any hosted course, text tutorials, shared tutorials, white papers or any other part of the website and you believe it constitutes copyright infringement, or your intellectual property rights are violated, please bring it to our notice us to claim for copyright or other intellectual property infringement. Kindly fill a notifying form at Contact Us Form. You can claim for the infringement by producing valid and correct proofs of your work.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
12.9 Legal Jurisdiction
The laws of the Republic of India shall govern any dispute arising from the use of this website, its products, and services; and the courts in New Delhi, India, alone shall have exclusive jurisdiction to deal with such matters.
12.10 Updating These Terms
Thinqdigit reserves the right to update these terms as and when doing so is essential to clarify or cover the practices or to cater to new or different practices (such as when we add new reference material)
Your continued use of our resources after any changes become effective will invariably mean that you accept those changes.
Any revised Terms will supersede all previous Terms.