TERMS AND CONDITIONS
Date of Revision: 1st June, 2022
This document ("terms and conditions") is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These terms and conditions do not require any physical, electronic or digital signature.
These terms and conditions are legally binding documents between you the user and the Company (both terms as defined below). These terms and conditions will be effective upon acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and Company for the use of the Portal (defined below).
The Terms and conditions of this App located at https://blockerry.com under the name and style "blockerry" a Portal own by Techaroha Solutions Private Limited (the Portal) is between blockerry . (hereinafter referred to as "blockerry" or "We" or "Us" or "Our") and the guest users or registered users of the App (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which we offer Your access to the App and such other services as are incidental and ancillary thereto ("Services").
The Terms and conditions of this Portal located at https://blockerry.com/terms-of-service under the name and style "blockerry" (the Portal) is between blockerry a Portal own by Techaroha Solutions Private Limited . (hereinafter referred to as "blockerry" or "We" or "Us" or “Company” or "Our") and the guest users or registered users of the Portal (hereinafter referred to as "You" or "Your" or "Yourself" or "User" or “Instructor”) describe the terms on which we offer Your access to the Portal and such other services as are incidental and ancillary thereto ("Services").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE PORTAL, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE PORTAL. BY USING THE blockerry PORTAL, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1.1. blockerry is a product of Techaroha Solutions Private Limited - a company incorporated under the Companies Act, 2013, with its registered office at 104, Building No. 5, Sector 3, Millenium Business Park, MIDC Industrial Area, Sector 3, Mahape, Navi Mumbai, Maharashtra 400710 India and having CIN No. U74900MH2015PTC269877. Blockerry is an software as a service provider providing software services and server to its users.
1.2. In case of any conflict, in the legal documents provided within the App:
1.2.2. If at any given point of time the Portal adds an additional term and/ or a condition as an addendum to this document then the former document shall take precedence, but only to the extent of the clauses mentioned in such addendum.
1.2.3. Between these Terms and Conditions and any other notices, disclaimers or guidelines appearing on the Portal, these Terms and Conditions shall take precedence but only to the extent of the conflict.
2. Amendment of the Terms and Conditions.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions from time to time and as and when required without any further notice to you. It is your responsibility to regularly check for changes to this Agreement and to review such changes. We shall endeavor to inform you regarding changes if any, however we do not assure you the same. Any new features or updated content that we make available as a part of the Portal will be subject to this or the updated agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of blockerry shall be construed as an inference to the contrary. In some cases, however, you may be asked to agree to the revised terms when accessing the Portal and if you do not agree to the revised terms you will not be allowed to use the Portal.
3. Termination of this agreement
4.1. To use the services provided on the Portal, you need to create a user account, including purchasing of a Software as a Servie. However, you can view the available services on the Portal without an account. You need an account for most activities on our platform.
4.2. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission.
4.3. You may therefore not transfer your account to a third party or use a third party’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the login credential information for that account. In an unfortunate event of the death of a user, the account of that user shall be closed.
4.4. Users must be at least 12 years of age to create an account with us and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you avail the services that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we shall terminate your account.
5. Service Access
When you subscribe to in any of the services/software offered on the Portal, You get a license from Us for personal/commercial use. Service are charged on Monthly/Annual Basis.
6. Risk & Liability
All the Services provided by us depends on the Third Party Software. The Bugs/Issue available with the thrid party software may replicate in the Software as a Service proivded by Blockerry
7. Payments, Credits, and Refunds.
After a payment has been made and You wish to stop the service, You shall be refunded either the full amount or on a pro-rata basis, depending upon the stage of the usages of the services.
7.1. Pricing: The prices of services on blockerry are pre-determined on our internal criteria and the same can be both increased and decreased at any given point without any approval by you.
We regularly run promotions and sales for our services and certain services are only available at discounted prices for a set period of time. The price applicable to a service will be the price at the time you complete your purchase of the service (at checkout). Any price offered for a particular service may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
7.2. Payments: You agree to pay the fees for service that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for such fees. We work with third party payment processing partners to offer the most convenient payment methods in your country and to keep such payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the service, you agree to pay us the corresponding fees within seven (7) days of notification from us. We reserve the right to disable access to any service for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next service purchase on our Portal. Credits cannot be transferred to your original or any other mode of payment and might expire if not used within the specified period.
7.3. Refunds and Credits: You may request for a refund within 7 days from the date of the purchase of the service in case the service seems substandard or if You feel that the purchased service is not what you had expected. In such a case the refund of full amount or on a pro-rata basis, depending upon the stage of the services shall be allowed either as credit in your account or a refund to your initial source of payment or a valid Indian bank account .
We reserve the right to apply a credit or a refund, at our discretion, depending on the capabilities of our payment processing partners. No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.
At our discretion, if we believe that our credit/refund policy is being misused, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a service due to your violation of these Terms, you will not be eligible to receive any credit or refund.
Refunds from an Institute can only be applied for and approved within 7 classes subject to the approval by the Institute. In such situations, the decision of the Institute shall be final and binding and blockerry shall not and cannot be held responsible for any denial to such refunds.
You also agree that no refunds shall be allowed in case an account is blocked by Us for using prohibited content as mentioned in Clause 9 of the Terms and Conditions or incase of any misbehavior at the Institute.
8. Content Rules
You agree to not access or use the Services or create an account for any purpose that may not be considered lawful in India or your country and your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
9. Prohibited Conduct.
YOU AGREE NOT TO:
9.1. use the Services for any commercial use or purpose unless expressly permitted by Us in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
9.2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services / Materials, except as expressly permitted under these Terms;
9.3. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
9.4. post or distribute any content that might be unlawful in any country or any content that a reasonable person would find it to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
9.6. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website;
9.7. defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Portal and Services;
9.9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.10. access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services;
9.11. in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as blockerry); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
10. Our Rights
As mentioned above, blockerry Website and Application and its counterparts are owned by Techaroha Solutions Private Limited . And also own the co-existing Apps and Services including but not limited to the trademarks and copyrights and our logos, API, Code and other content created by our team, from time to time. Any such content may not be tampered with without authorization.
All right, title, and interest in and to the Portal and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit and the courses we provide through our Services are and will remain the exclusive property of blockerry and/or its licensors, if any. Our content, platforms and services are protected by copyright, trademark, and other laws of India and foreign countries. You therefore possess no right to use the blockerry name or any of Our trademarks, logos, domain names, and other distinctive brand features, without prior written consent from blockerry or Techaroha Solutions Private Limited.
11. Miscellaneous Legal Terms
The following terms clarify our legal relationship between You and Us and must be read carefully before proceeding with the use of the App and Services provided herein:
11.1 Binding Agreement:
11.1.1. It is agreed by You that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with blockerry. If you do not agree to these Terms, you are requested to not register, access, or otherwise use any of our Services.
11.1.2. If you are an Orgnaization accepting these Terms and using our Services on behalf of yourself or other legal entity, you represent and warrant that you are authorized to do so.
11.1.3. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
11.1.4. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
11.1.5. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
11.2. Relationship Between Us You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
11.3. Liability and Warranty Disclaimer. YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM THAT YOU EXPERIENCE USING THE blockerry PORTAL IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE blockerry PORTAL AND ANY SERVICES PROVIDED BY THE PORTAL ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE (AND OUR AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SERVICES OR THEIR CONTENT, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE (AND OUR AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS) MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM USE OF THE SERVICES. YOUR USE OF THE SERVICES (INCLUDING ANY CONTENT) IS ENTIRELY AT YOUR OWN RISK.
blockerry DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE blockerry PORTAL, WHICH THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PORTAL OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE blockerry PORTAL, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE PORTAL OR IN ANY OTHER PRODUCT OFFERED BY US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL blockerry BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE blockerry PORTAL, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)/AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL blockerry’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED RUPEES 1,000. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE. YOU AGREE THAT blockerry CANNOT BE HELD RESPONSIBLE FOR ANY ACTIVITY INCLUDING BUT NOT LIMITED TO AN INJURY AT THE INSTITUTE OR COLLEGE THE STUDENT IS ENROLLED IN.
11.4. Indemnification. YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE blockerry PORTAL AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD blockerry AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, CLAIMS, FINES, PENALTIES, FEES, COSTS, AND/OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LITIGATION COSTS) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT OR IN RELATION TO YOUR USE OF THE blockerry PORTAL.
11.5. Disputes, Forum, and Governing Law. The Agreement is governed by and construed in accordance with the laws prevalent in India. You and blockerry agree to settle any claims arisen through arbitration as per provisions of the Arbitration & Conciliation Act, 2015, by an arbitrator appointed either by mutual consent or as per the terms contained within the Arbitrators & Conciliation Act, 2015, within a period of one year from date of the cause of action.
11.6. Intellectual Property Rights. All Services available on the Portal, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Portal is owned and controlled by blockerry or our licensors (if any) and the design, structure, selection, expression, coordination, look and feel and arrangement of such Content is protected by copyright and trademark laws, and various other intellectual property rights. Through Your use of the Portal, by no means are any rights impliedly or expressly granted to You in respect of such Content. blockerry reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Portal ("Marks") are the property of “blockerry .”. The logos and services as provided by the Us as displayed on the Portal have intellectual property rights attached to them and are owned by blockerry. You are not permitted to use the Marks without Our prior consent or the third party that may own the Marks.
Unless as stated on the Portal as otherwise, indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, blockerry owns all intellectual property rights to and into the trademark " blockerry", and the Portal, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from blockerry or thirty party owners of such Content.
11.7. Miscellaneous. This Agreement is the entire agreement between you and blockerry. It supersedes and replaces any and all prior or contemporaneous agreements between you and blockerry relating to your use of the Portal (including, prior versions of this Agreement). The failure of blockerry to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Portal after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Portal.
12. How to Contact Us
The best way to get in touch with us is to contact our support team +918422996372. We’d love to hear your questions, concerns, and feedback about our Services.