Privacy Policy

YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY

This Terms of Use (“TOU”) and Privacy Policy is an agreement between “Live Data Visualisation Private Limited” (“LDV/Us/Our/We/Vendor/Company”), a company incorporated under the Companies Act, 2013, having its registered office C-A 39, Mihar Cooperative Housing Society, Charkop Village, MG Road, Kandivali (west), end of Charkop Hindustan Naka, Mumbai, Maharashtra-400067, India, the owner and operator of https://isdj.in/ (“Website”) and you (“you/your/user/viewer/participant/learner/ student/pupil/ beneficiary/ faculty member”), a user of the Website. 

The TOU and the Privacy Policy constitute electronic record in accordance with the provisions of the Information Technology Act, 2000, as amended from time to time.

LDV and ISDJ reserve the rights, at its sole discretion, to change, amend, modify, and/or add to these TOU and the Privacy Policy, in whole or in part, at any time and without any prior notice to any person including you. Changes to the TOU and Privacy Policy will be effective prospectively from when they are posted. You agree to review the TOU and Privacy Policy periodically to become aware of any changes. Your use of the Website or any part thereof after any changes to these TOU and/or Privacy Policy are posted will be deemed acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Website.

These TOU and Privacy Policy were last updated in January 2021. From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

IndiaSpend School of Data Journalism “ISDJ” is a learning and upskilling platform for those looking to develop expertise in building data-backed and evidence-based narratives, storytelling prowess, simplifying complex datasets using visualizations, verification tools, and fact-checking techniques through on-demand video lectures delivered by subject matter experts. ISDJ is an upskilling and educational hub for predominantly journalists but not limited to this group of professionals.

LDV is a for-profit entity headquartered in Mumbai, India. LDV’s primary activity is to provide access to credible and quality data, conduct research and surveys, media and information literacy programs, game-based learning tools, fact checking and disinformation, misinformation and verification workshops for journalistic and academic purposes.

BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THESE TOU AND PRIVACY POLICY, AS UPDATED FROM TIME TO TIME AND WHICH ARE INCORPORATED HEREIN. IF YOU CHOOSE TO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

WEBSITE

  1. The term “Website” includes the contents on the Website and all services and courses provided on the Website (the “Website Services”). Your use of the Website (or any part thereof) signifies your agreement to be bound by these TOU and Privacy Policy. These TOU are a binding legal agreement between you and LDV.
  2. Your use of certain Website Services, features, functionalities or programs offered on or through the Website may be subject to additional terms and conditions, and before you use any such services, features, functionalities y or other programs you may be required to indicate your acceptance of such additional terms and conditions.
  3. The information which is displayed on the Website shall not be treated or construed to be an offer to the user. The same shall be treated as general information which can be accessed as per the terms of this TOU. The Company endeavors to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let us know by sending an email to connect@livedataviz.in and we will correct it, where we agree, as soon as practicable. The Company gives no warranty or assurance about the contents of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While the Company makes every effort to ensure that the contents of the Website are accurate, Company cannot accept liability for the accuracy of all content at any given point in time. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content(s) of the linked website(s).
  4. Except any third-party content, links or material (which shall be duly indicated therein), all information, contents, materials, trademarks, service marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Website shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and you are not permitted to use the same without the consent of the respective third party.
  5. Materials, contents or information contained on or made available through the Website is not intended to and does not constitute any legal, financial or tax related advice nor does it, in any manner establish a Professional – Client relationship.

CONSENT

 By accessing and using this Website, you provide your specific consent to the Website to use and collect the information provided by you, in accordance with the TOU and the Privacy Policy. Please note that for any information provided by you on the Website, it will be deemed that:

  1. You are above 18 years of age and if below 18 years of age, you have sought and obtained parental consent and guidance before accessing the Website;
  2. You understand that you have provided specific consent to LDV and ISDJ to collect and process your information, including without limitations the User Submissions (defined below);
  3. The consent provided by you is the basis for lawful processing of your submissions by LDV and ISDJ;
  4. You have read and understood the terms and conditions of the TOU and Privacy Policy and are aware that the collection and processing of your data/ information will be subject to the same;
  5. You have been, by way of these TOU and Privacy Policy and/or by any other communications sent by ISDJ, made aware of the categories of the submissions/personal data collected by LDV and ISDJ, the purpose and nature for which your submissions/personal data has been collected, the sources used for collection of such submissions/personal data, your rights with respect to your submissions/personal data, etc.

PRIVACY POLICY

This Privacy Policy applies to www.isdj.in.

ISDJ recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on [website name]. This Privacy Policy applies to current and former visitors to our website and to our registered participants and their legal guardians in case of participants below the age of 18 years.

This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide via this Website. Please be sure to read this entire Privacy Policy before using, or submitting information, to this Website. Use of this Website constitutes your consent to our Privacy Policy. By using this Website, you agree with the terms of this Privacy Policy. Whenever you submit information via this Platform, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

1. Information we collect:

  • Personal Information: We might collect personal information such as your name, age and other similar particulars for maintenance of internal records and creation of your profile on our website.
  • Registration: Any information required for registration on the Website and in enrolment in the courses offered by ISDJ.
  • Transaction-related information, such as when you make purchases or enroll for any course/s, respond to any offers, which may include sensitive personal information like bank account or credit card or debit card or other payment instrument details.
  • Contact information: We might collect the details submitted by you for further communication regarding your participation in ISDJ.
  • Information you post: We collect information you post in a public space on our Website or on a third-party social media site.
  • Other information: If you use our website, we may collect information about your IP address and the browser you’re using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected.
  • User Submissions: The Website may enable you to send, post, upload, transmit or otherwise submit to the Website or otherwise display or exchange (including, without limitation, with other Website users) on or via the Website (collectively, “Submit”), any information, images, or other content including but not limited to your personal and sensitive information (collectively, your “User Submissions”) and we collect such information.Please keep in mind that whenever you voluntarily disclose User Submissions through the Website publicly, that information can be collected and used by any other third party as well. Ultimately, you are solely responsible for maintaining the secrecy of your personal information and you sharing your personal information itself shall be considered and consenting to the collection and use of the same by others through the Website.
  • Log Information and User Communications: The server logs may include information such as your web request, internet protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. We may also retain any communication from your side to us in order to process your enquiries, respond to your requests and improve our services.
  • We collect information that helps us enhance your experience and our courses, products and services.
  • ISDJ will collect information through your IP address, the browser and device you’re using, or your device ID. We will be able to tell what webpage directed you to ISDJ by looking at information from your browser.

2. Collection of Information:

  • We collect information directly from you when you register for ISDJ or when you provide such information through Website.
  • We also collect information if you post a comment on our website or ask us a question through phone or email or submit any User Submission on the Website.

3. Cookies:

The cookies that we use at ISDJ allow our website to work and help us to understand what information is most useful to participants.

We use tracking tools like browser cookies and web beacons for collecting information about your usage of our website. We use cookies to make the ISDJ website easier to use, to deliver a personalised experience on our website, and to better tailor our website to your interests and needs. Cookies are used to help speed up your future activities and your experience on the ISDJ website.

The cookies used on the ISDJ website may be generally categorised as follow:

  • Necessary Cookies – These cookies do not identify you as an individual.
  • Performance Cookies – These cookies do not identify you as an individual.
  • Functionality Cookies – The information these cookies collect may include personal data that you have disclosed.
  • Targeting Cookies – Most types of these cookies track users via their Device ID or IP address therefore they may collect personal data.
  • Third – Party Cookies – Based on the type of cookies used by the relevant third-party, the information these cookies collect may include personal data.

The cookies you consent to are also used to collect your personal data for the use of the quiz and we will not share your details with any advertiser or advertising concern. We use cookies to compile anonymous, aggregated statistics that allow us to understand how the ISDJ participants use our website and to help us improve their structure and content.

There are many ways to manage your cookies:

  • You can refuse your consent; or
  • You can disable ISDJ or third-party cookies by use of your browser settings; or
  • You can use our cookie management tool to disable ISDJ or third-party cookies.

Most internet browsers are initially set up to automatically accept cookies. If you do not want our websites to store cookies on your device, you can change your browser settings so that you receive a warning before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies or only certain cookies from third parties. You can also withdraw your consent to cookies by deleting the cookies that have already been stored.

If you disable the cookies that we use, this may impact your experience while on the ISDJ website, for example you may not be able to visit certain areas of a website or you may not receive personalized information when you visit the website.

If you use different devices to view and access the ISDJ website (e.g., your computer, smartphone, tablet) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences

The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.

  • Internet Explorer
  • Mozilla Firefox
  • Google Chrome
  • Safari
  • Opera

There are also software products available that can manage cookies for you. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Use of Information:

  • We use information to contact you: We might use the information you provide to contact you for the purposes of ISDJ, in relation to your participation and other related purposes including but not limited to the development of the website for best user experience.
  • We use your information for the performance of our obligations under any contract/ arrangement with you.
  • We collect some information to understand how you’re using the ISDJ online to give you a better ISDJ.
  • We use information to respond to your requests or questions: We might use your information to confirm your registration for participating in the ISDJ online knowledge series.
  • We use information to look at site trends and user interests: We may use your information to make our website and services better. We may combine information we get from you with information about you we get from third parties.
  • We use information to send you transactional communications: We might send you emails or SMS regarding your participation in the ISDJ. We use information as otherwise permitted by law.

Disclosure of Information:

  • Any personal data provided to or collected by LDV and ISDJ is controlled by Company and may be shared with third parties and business partners as engaged by Company in furtherance of and/or for the provisions of Website and Website services. We will not share your data for any other purpose unless it is related to or in furtherance provision of courses on ISDJ or provision of Website Services or Website. We make sure that your personal information is looked after as if we were handling it directly, and only share the information with entities who have adequate security procedures, practices or policies for the protection of data and maintenance of privacy. We carefully select these companies, only share with them what they need to do the work and we make sure they keep your information secure.
  • In order for us to give you quality experiences and to understand how you’re using our services we often use other companies to process your personal information on our behalf. For example, sending you emails about things we think might interest you, or to ask you what you think about our services.
  • We may share information if we think we have to in order to comply with the law or to protect ourselves: We will share information to respond to a court order. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
  • We may share your information for reasons not described in this policy: We will inform you before we do this.
  • We do not disclose your information to any third parties for marketing purposes without your consent.

Security Practices:

  • LDV and ISDJ are strongly committed to keeping you and your family’s information safe. And to do this we design our services with your safety in mind. We also have a dedicated team to look after your information security and privacy.
  • We ensure that we abide and implement the reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business, as required by the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
  • At the same time, no service can be completely secure – if you have any concerns that your ISDJ account or personal information has been put at risk, for example if someone could have found out your password, please get in touch with us straight away on connect@livedataviz.in.
  • Grievance Officer: connect@livedataviz.in
  • Users or any victim who suffers as a result of access or usage of Website by any person can notify their complaints against such access or usage of the Website to the Grievance Officer or to the Supervisory Authority as the case may be. The Grievance Officer shall redress the complaints within one month from the date of receipt of complaint. However, The Company shall have no responsibility for any loss or damage caused to any hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our Website.

Period of storing information collected:

  • Currently, we are in the practice of retaining user data while an account is active and for at least three years afterwards or when we have any other valid reason to keep it. We design our services in a manner in which we will not hold your information any longer than we have to. We may close your ISDJ account if you haven’t used it in the last year. We’ll send you an email to tell you that we plan to delete the account on the grounds of non – use.

INTELLECTUAL PROPERTY RIGHTS

  1. The ownership of the content and Proprietary Information of the Websites along with all text, graphics, audio, designs, screen shots, logos, images, copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights are vested in the Company unless otherwise indicated. All rights in relation to such works shall be reserved with Company and shall be its sole property.
  2. Content and/or Proprietary Information on the Website is for personal use only and may be downloaded subject to Terms and Conditions provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the Website for any other purpose shall constitute a violation of the intellectual property rights of the Company and / or its affiliates or associates or of its third-party information providers.
  3. Unless you have otherwise obtained Company’s permission, you agree not to copy, reproduce, duplicate, stream, capture, record, access through technology in the form of capturing photographs/ screenshots through the mobile/ laptop/ desktop or any other technology used to access this Website, transfer, sell, resell, upload, archive, license to others, edit, modify, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website, its content, Website Services or any component or part thereof, You agree that any activities of or similar to the nature described hereinabove shall not be undertaken by You for any purpose whatsoever or used to register on the Website more than once or as duplicate entry(ies). Any of the unauthorized uses referred to above would constitute an infringement of the intellectual property rights and other proprietary rights of LDV and ISDJ and/or its licensors and a violation of these TOU and may subject you to civil and/or criminal liability under applicable laws.
  4. Subject to these TOU (including, without limitation to the intellectual Property Rights set forth), LDV and ISDJ hereby grants you, if and only to the extent the necessary functionality is provided to you, on or through the Website, the following limited, revocable, non-exclusive, non-transferable, non- assignable, royalty-free rights and licenses (each a “License” and collectively “Licenses”):
  • The License to access, view and otherwise use the Website for your personal, non-commercial, lawful use only, as intended through the normal functionality of the Website;
  • If the Website includes a “Download” link next to a piece of Website content, the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only;
  • License to use any other functionality expressly provided by LDV and ISDJ on or through the Website for use by users, subject to these TOU.

Neither of the Licenses granted under this TOU and Privacy Policy shall entitle the user to cause a duplicate entry and utilise the already accessible content on the Website for any subsequent or duplicate entry.

PROHIBITIONS AND YOUR RESPONSIBILITIES

  1. Your use of our Website and Website Services is solely for your personal and non-commercial use. Any use of the Website and Website Services their contents other than for personal purposes is prohibited. Your personal and non-commercial use of Website and Website Services shall be subjected to the following restrictions contained herein.
  2. You may not decompile, reverse engineer, or disassemble the contents of the Website and Website Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and Website Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website and/or Website Services.
  3. You will not (a) use this Website and Website Services for commercial purposes of any kind, or (b) advertise or sell the any products, services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum present on the Website for commercial purposes of any kind, or (c) use the Website and Website Services in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.
  4. No User shall be permitted to perform any of the following prohibited activities while using Website and/or Website Services:
  • You shall not host, display, upload, modify, edit, delete, publish, transmit, update or share any information that:
  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any intellectual property rights which include but not limit to patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • cause more than one or duplicate entries by varying the credentials or any /few of the credentials required to create an account of the user to access the content on the Website and participate in ISDJ. Such credentials include, but shall not be limited to, the user ID, name, date of birth, IP Address, contact number and other relevant particulars as required to access the Website (the “Particulars”);
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
  • Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • Interfering with any other person’s use or enjoyment of the Website and/or Website Services;
  • Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
  • Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website and/or Website Services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
  • Access or use the Website and/or Website Services in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or Website Services, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites;
  • Interfere with, or inhibit any user from using and enjoying access to the Website and/or Website Services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website and/or Website Services;
  • Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website and/or Website Services, or to access, acquire, copy or monitor any portion of Website and/or Website Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website and/or Website Services;
  • Alter or modify any part of the Website Services;
  • Use the Website Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
  • Violate any of the terms specified under the Terms for the use of the Website/Services/products.

5. You will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website, including, but not limited to the restricted activities mentioned under the ‘Intellectual Property Rights’ Clause under this TOU and Privacy Policy.

6. You will not use any of the rights granted to you or any of the content on the Website in a manner that suggests an association with any of ISDJ’s services or brand unless otherwise specifically permitted by ISDJ.

7. You will not transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

8. You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of LDV and ISDJ or any of its affiliates, or the Website, or any of the content running or being promoted on the Website.

9. You will not do anything on the Website that would prevent other user’ access to or use of the Website or any part thereof.

DISCLAIMER OF WARRANTIES

 By using the Website, you agree and understand that such use is at your own risk and that there is no warranty that this Website will be free of any computer viruses. The Website (and any portion of the Website) is provided “as is” “with all faults” and “as available” to the fullest extent permitted by law. LDV and ISDJ and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither LDV nor ISDJ or any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the Website or other internet resources linked to the Website and assumes no liability or responsibility for any:

  1. errors, mistakes, or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
  3. any unauthorized access to any and all personal information stored in the Website;
  4. any interruption or cessation of transmission to or from the Website;
  5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or
  6. for any loss or damage of any kind incurred as a result of the use of any user information and/or other Website content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Website.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL LDV OR ISDJ OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF.

INDEMNIFICATION

  1. You agree to indemnify and hold harmless LDV and ISDJ and its affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from:
  • any of your wrong/false user information, including, but not limited to the act of creating more than one entry by a use or duplicate entries by the use of variation in one or more of the Particulars;
  • your unauthorized exercise of any of your rights granted under the these TOU and Privacy Policy;
  • the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOU and Privacy Policy;
  • your violation of any person’s intellectual property, privacy, publicity or other right;
  • the violation and/or contravention of any applicable laws and/or these TOU and Privacy Policy by you or
  • your misconduct or negligence by your or anyone accessing the Website in connection with your (and/or such other person’s) use of the Website (in whole or in part).

2. LDV and ISDJ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LDV and ISDJ in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

3. Further, in no event shall the Company or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Website.

4. If anyone brings a claim against us related to your actions, content or information on the Website, you will indemnify and hold LDV and ISDJ and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

TERMINATION AND DISQUALIFICATION

  1. If you violate the letter or spirit of the TOU and Privacy Policy or are in contravention of any clause or term of the TOU and/or the Privacy Policy, or otherwise create risk or possible legal exposure for LDV and ISDJ or any of its directors/employees/affiliates or create nuisance and/or disturbance for the Company and its affairs, we can stop providing access to all or part of the Website to you and disqualify your present and subsequent participation in the courses offered by ISDJ and use of the Website.
  2. All provisions of this TOU shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Website. In the event of termination and disqualification, in pursuance of the provisions of this Clause, ISDJ and/or LDV shall have the discretion to give effect to such termination and disqualification, with or without notice to the user.

SEVERABILITY AND WAIVER

If any provision of the TOU shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of ISDJ and/or LDV to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

FORCE MAJEURE

ISDJ/ LDV’s performance under this TOU and Privacy Policy is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks, equipment failure, industrial or labor dispute, inability to obtain essential supplies and the like and/or any act beyond the control of ISDJ and/or ISDJ and/or LDV. (“Force Majeure events”)

LDV and/or ISDJ shall not be held liable if services with respect to the courses or Website are interrupted or improper at any point of time due to Force Majeure events specified above.

ARBITRATION AND GOVERNING LAW

  1. You will resolve any claim, cause of action or dispute (claim) you have with LDV and ISDJ, arising out of or relating to this TOU and Privacy Policy document exclusively in India, regardless of where you reside. The laws of the Republic of India will govern this TOU and Privacy Policy document, as well as any claim that might arise between you and LDV and ISDJ, without regard to conflict of law provisions.
  2. All disputes or differences of any nature whatsoever, arising between you and LDV and ISDJ shall be settled by mutual discussion. LDV and ISDJ or you may, at their own discretion, appoint an authorized representative for the sake of mutual discussion. If the dispute remains unresolved for a period exceeding thirty (30) days from the date of reference of the dispute, then all actions or proceedings arising in connection with, touching upon or relating to these TOU, or the Website or the breach of these TOU and/or the scope of the provisions of this arbitration clause, shall be submitted for final and binding arbitration under Arbitration and Conciliation Act, 1996 (as amended) to a sole arbitrator. The venue of the arbitration shall be at Mumbai, India and the language of the arbitration shall be English. The decision of the Arbitrator shall be final and binding on both the parties. The Arbitration proceedings shall be subject to the jurisdiction of the Courts in Mumbai.

OTHER

  1. You agree and confirm that we do not control any direct users’ actions on the Website and are not responsible for the content or information users transmit or share on the Website. LDV and ISDJ are not responsible for any offensive, obscene, unlawful or otherwise objectionable content or information you may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website.
  2. You will not transfer any of your rights or obligations under this Terms of Use and Privacy Policy to anyone else without our consent.
  3. All our rights and obligations under this TOU and Privacy Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  4. Nothing in this TOU and Privacy Policy shall prevent us from complying with the law.
  5. This TOU and Privacy Policy do not confer any third-party beneficiary rights.
  6. We reserve all rights not expressly granted to you.
  7. You will comply with all applicable and governing laws when using or accessing the Website.