Terms of Use by Habuild
The following terms of Use (“Terms of Use” or “Terms” or “T&Cs”) govern all use of the https://habuild.in website platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by Habuild Healthtech Pvt Ltd with e-mail saurabh@habuild.in , (“habuild.in” or the “Company”). The Services are offered to each User subject to such Users acceptance of all of these Terms & Conditions and all other applicable Terms of Use, operating rules, policies and procedures that are communicated from time to time on or through the Platform by the Company. A User should read the T&Cs carefully before browsing or accessing the Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account. https://habuild.in (the “Site”).
These T&Cs include the following sections:
- Platform general description
- Categories of Users
- User Registration with the Platform
- Content hosted on the Platform
- Intellectual Property
- Termination
- Indemnification
- Applicable Law and Jurisdiction
- Miscellaneous
Platform General Description
(1.1) Welcom habuild Platform, created as an informative, educational ledge-sharing platform. Users of the Platform will receive:
(1.1.1) access an online platform where Users can join daily online meetings with instructors, view health tips and track their progress
(1.1.2) have access to additional paid Services provided by the Platform (collectively, “Additional Services”), which Additional Services may be purchased under separate orders or agreements with the Company(Purchase T&Cs).
(1.2) Content hosted on the Platform: The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as“Content”):
(1.2.1) Content: The Platform hosts its own Content, including Articles, eBooks, Webinars and other items it creates.
(1.2.2) Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a Users use of any such third party website. If a User decides to access any third party website, it is done at the Users own risk.
Categories of Users
(2.1) Users: All Users visiting the Platform.
(2.2) Registered Users: Registered Users are Users who register and create a User Account with the Platform in order to have access to more advanced informative and educational material as well as to be able to contribute Content to the Platform.
(2.3) Clients: (“Client Users” or “Clients”) are Registered Users who purchase any of the Additional Services provided from the Platform from time to time as provisioned in the Purchase T&Cs.
Specific Provisions For Content Hosted On The Platform
(4.1) Articles:
(4.1.1) Access and reading of Articles:
(a) All Users can access and read articles hosted in the Platform subject however to their User category as laid down in articles 2.1.-2.3. above; these articles are created by the Platform or by the Registered Users (as free or sponsored User Generated Content)
(b) Users can generally browse the articles by category and topic; at the end of each article Users may also find tabs with proposed topics related to the topic of the chosen article in order to re-direct to the suggested article category in the Platform or other relevant Content.
(c) Articles remain available to the Platform for as long as the Registered User/author of the article maintains an active User Account.
(4.2) Content hosted on the Platform: The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as“Content”):
(4.2.1) Content: The Platform hosts its own Content, including Articles, eBooks, Webinars and other items it creates.
(4.2.2) Online Meetings/Sessions:
(4.2.1) Webinars or online meetings created by the Platform are the sole property of the Platform owners.: Registered Users can access the online meetings if permitted to.:
Intellectual Property
(5.1) habuild Intellectual Property rights
(5.1.1) The Platform and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of eLearning Industry or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the COMPANY Platform. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any materials on the Site, except as expressly permitted by these T&Cs or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
(5.1.2) The habuild logo and name and all other product or service names or slogans displayed on the Platform are trademarks and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, the look and feel of the Platform may not be copied, imitated or used, in whole or in part, without the prior written permission the Company. All other trademarks, including registered trademarks, product names and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by habuild.
(5.1.3) As soon as anyone becomes a User, the Platform provides him/her with a personal, non-transferable, non-exploitable, non-exclusive, open-ended one user license to access the Content hosted in the Platform only for legitimate private use purposes under the present Terms of Use. It is expressly forbidden to use the Content for illegal purposes and/or for professional exploitation. Users may not sublicense the use of, or the access to the Platform and the services to any third party with or without remuneration. The present license shall be automatically terminated when the relationship with the Platform is terminated for any reason, as provisioned in article 9.
(5.1.4) Providing access and allowing the use of the features, tools and Services provided by the Platform does not give any User or any other third-party ownership of any of the Companys intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to the Platform, its features, tools and Services including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use the Platform are limited to those expressly granted hereby. No other rights with respect to the Platform or any related intellectual property rights are granted or implied.
Termination
(6.1) A Registered User may at any time decide to delete such Users User Account and Profile by e-mailing us at saurabh@habuild.in with a request to delete the User Account and Profile. Register Users who wish to delete their User Account and Profile and terminate their relationship with the Platform, will no longer be able to make use of the services provided in the Platform for Registered Users.
(6.2) The Platform may terminate a Users access to all or any part of the Platform and/or his/her User Account at any time, without cause, with or without a prior notice.
(6.3) The Platform reserves without limitation the right to suspend and/or delete any User Account and terminate the Platforms relationship with any registered User for due cause, including (indicatively but not exclusively) the following:
(6.3.1) any violation of the present Terms of Use or any other illegal act or omission violating any laws or statutory provisions;
(6.3.2) provision of false/inaccurate information in the User Account;
(6.3.3) violation of any right of a third person that has come to our attention;
(6.3.4) following a complaint received by another User or by a third parties for breach of the present terms, violation of any law or statute;
(6.3.5) following the request of any Authority and/or Court decision and/or relevant competent Body;
(6.3.6) any other or omission that could damage or harm in any ways the Platform (i.e. indicatively its operation, its reputation, its tradename and IPRs, its technical specifications, its software etc.);
(6.3.7) repeatedly infringing and unlawful conduct on behalf of any User
Indemnification
In addition to any other warranty, indemnification and declaration of Users, all Users also agree to indemnify and hold harmless habuild, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys fees, arising out of their use of the Platform, including but not limited to the violation of the Terms & Conditions.
Applicable Law and Jurisdiction
These terms are considered governed by and construed according to the laws of the Government of India. At our sole discretion, we may require you to submit any disputes arising from the use of the Platform or any violation of these T&Cs.
Miscellaneous
(9.1) Above Terms of Use and the Privacy Policy shall bind all parties and constitute the entire agreement of the parties and prevail in any and all prior and existing contracts between the User and eLearning Industry.
(9.2) If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
(9.3) The Companys failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
(9.4) Users may not assign any of their rights under the present Terms & Conditions to any third party. habuild reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
(9.5) habuild reserves the right, at its own discretion to modify or replace any part of these Terms. It is the Users responsibility to check the Terms & Conditions periodically for changes. The Users continued use of or access to the Platform following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. HabitsAndFriends may also, in the future offer new services and/or features through the Platform. Such new features and/or services shall be subject to the Terms & Conditions.