Terms and Conditions:
Please read these conditions carefully before using the Walnutspine.com services (online courses on website and Apps on website, play store, and/or Apple store). By using the walnutspine.com website or Apps, you signify your agreement to be bound by these conditions. In addition, when you use any current or future walnutspine.com service (eg.online courses or Apps whether sold through the website or downloaded from Play Store or Apple Store) (“Walnutspine Service”), you will also be subject to the terms, guidelines and conditions applicable to that Walnutspine Service. (“Terms”). If these Conditions of Use are inconsistent with such Terms, the Terms will control. The “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
-
Conditions Relating to Your Use of Walnutspine.com
-
Notice and Procedure for Making Claims of Infringement
-
Notice and Procedure for Notifying Walnutspine.com of Objectionable Content)
-
Conditions Relating to Your Use of Walnutspine.com
-
Your Account on website and/or Apps-If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/phone to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Walnutspine.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
-
Privacy-The personal information / data provided to us by you during the course of usage of Walnutspine.com (online courses, Apps on website, playstore, Apple store) will be treated as strictly confidential and in accordance with the applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
-
E-Platform for Communication-You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website or available on playstore and/or apple store at the price indicated therein at any time from any location.
-
Access to Walnutspine.com-We will do our utmost to ensure that availability of the website and/or Apps will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or Apps may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
-
Licence for website access-Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Walnutspine grants you a limited access to make personal use of this website and/or Apps, but not to modify it, or any portion of it, except with express written consent of Walnutspine Private Limited and / or its affiliates, as may be applicable. This includes any resale or commercial use of this website or its contents, and Apps.; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another user; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website and/or Apps (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Walnutspine Private Limited and / or its affiliates, as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Walnutspine.com, its online courses, and/or its Apps and without express written consent. You may not use any meta tags or any other “hidden text” utilizing Walnutspine Private Limited’s or its affiliates’ names or trademarks without the express written consent of Walnutspine Private Limited and / or its affiliates, as applicable. Any unauthorized use terminates the permission granted by Walnutspine Private Limited and / or its affiliates, as applicable. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Walnutspine.com as long as the link does not portray Walnutspine Private Limited, Walnutspine.com, and/ or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Walnutspine.com logo or other proprietary graphic or trademark as part of the link without express written consent of Walnutspine Private Limited and / or its affiliates, as may be applicable.
-
Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website and/or Apps or access to these to be interrupted, damaged or impaired in any way You understand that you, and not Walnutspine.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website (online courses, Apps from website, playstore and/or Apple store for lawful purposes only. You must not use the website for any of the following: a. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; b. to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam; or is patently false and untrue; c. to cause annoyance, inconvenience or needless anxiety
-
Reviews, comments, communications and other content-Users of this website or Apps may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Walnutspine.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Walnutspine.com violates these Conditions of use and, or terminate your permission to access or use this website. If you do post content or submit material, and unless we indicate otherwise, you (a) grant Walnutspine Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Walnutspine Private Limited and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Walnutspine Private Limited, including the execution of deeds and documents, at its request. You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Walnutspine.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Walnutspine.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Walnutspine Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these clauses.
-
Claims against Objectionable Content
You can refer to the product detail page on Walnutspine.com for checking any product details provided by the seller regarding the following: a. the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as the applicable tax, as applicable. These details are available on the invoice issued to you; b. mandatory notices and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable; .c. guarantees or warranties applicable to such goods or services. . Walnutspine.com operates on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, invasive of another’s privacy or menacing; ethnically objectionable, disparaging; or in breach of a third party’s confidential, proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or in insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or is patently false and untrue (” Objectionable Content “), please notify us immediately. Once this procedure has been followed, Walnutspine.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
-
Copyright, authors’ rights and database rights- All content included on and in the website and Apps, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Walnutspine Private Limited, it is protected by India and international copyright, patents, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Walnutspine Private Limited and is protected by laws of India and international copyright, patents, and database right laws. All software used in the Apps is the property of Walnutspine Private Limited and is protected by India and international copyright, patents, and author’ rights laws. You may not systematically extract/ or re-utilise parts of the contents of the website and/or Apps without Walnutspine Private Limited’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Walnutspine Private Limited’s express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Walnutspine Private Limited’s express written consent.
-
Trademarks-Walnutspine.com, The Walnutspine.com logo, and App solutions are trademarks or registered trademarks/patents of Walnutspine Inc. or its subsidiaries (collectively “Walnutspine”), in the Indian and/or other jurisdictions. Walnutspine.com’s trademarks, patents and trade dress may not be used in connection with any product or service that is not Walnutspine’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Walnutspine.
-
Patents-One or more patents apply to the website and Apps and to the features and services accessible via the website and Apps,
-
Disclaimer-You acknowledge and undertake that you are accessing the services on the website and Apps of walnutspine on Google playstore and/or Apple store and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website or stores. You further acknowledge and undertake that you will use the website and Apps to order products only for your personal use and not for business purposes.
-
Indemnity and Release-You shall indemnify and hold harmless Walnutspine Private Limited, its subsidiaries, and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Walnutspine Private Limited and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
-
Children-Use of Walnutspine.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Walnutspine.com only with the involvement of a parent or guardian.
-
Communications-When you visit Walnutspine.com for online courses or Apps, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us for online courses and within Apps. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
-
Losses-We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website, online courses and Apps from website or through Google Playstore and/or Apple store.
-
Alteration of Service or Amendments to the Conditions-We reserve the right to make changes to our website and Apps, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
-
Events beyond our reasonable control-We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
-
Waiver-If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
-
Governing law and Jurisdiction-These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
-
Our Details-For the Walnutspine.com website, you could contact us by visiting: www.Walnutspine.com/contact
-
Customer Complaint Details-The details pertaining to each customer complaint lodged are provided in the return e-mails which are sent back to the customers.
-
Walnutspine Software Terms-In addition to these Conditions of Use, these clauses as mentioned above and below apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with services.
App/Software Terms
-
Use of the Walnutspine Apps/ Software-You may use Walnutspine Software (software includes all apps) solely for purposes of enabling you to use and enjoy the Walnutspine Services as provided byWalnutspine, and as permitted by the Conditions of Use, these Walnutspine Software Terms and any Terms. You may not incorporate any portion of the Walnutspine Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Walnutspine Software or otherwise assign any rights to the Walnutspine Software in whole or in part. You may not use the Walnutspine Software for any illegal purpose. We may cease providing any Walnutspine Software and we may terminate your right to use any Walnutspine Software at any time. Your rights to use the Walnutspine Software will automatically terminate without notice from us if you fail to comply with any of these Walnutspine Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Walnutspine Software that are specifically identified in related documentation may apply to that Walnutspine Software (or software incorporated with the Walnutspine Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Walnutspine Service is the property of Walnutspine and protected by laws of India including but not limited to any other applicable copyright laws.
-
Use of Third Party Services-When you use the Walnutspine Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider or playstore/other stores for buying or downloading. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
-
No Reverse Engineering-You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Walnutspine Software, whether in whole or in part, or create any derivative works from or of the Walnutspine Software.
Updates-In order to keep the Walnutspine Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
1. Conditions of Sale (between Sellers and the Customer)-Please read these conditions carefully before placing an order on the Walnutspine.com (the website) or downloading Apps from website or third parties/party. These conditions signify your agreement to be bound by these conditions. In addition, when you use any current or future Walnutspine.com service (you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will control; a. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
-
Our Contract-Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
-
Returns-All payments made by you for all services of Walnutspine Pvt ltd including the walnutspine.com website (eg online courses, Apps) or use/downloaded walnutspine Apps from a third party are non-refundable under all cases.
-
Pricing and availability-We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.
-
Taxes-You shall be responsible for payment of all fees/costs/charges associated with the purchase of products/services from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
-
Children-Use of Walnutspine.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
-
Communications-When you visit Walnutspine.com, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
-
Losses-We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods/services by us to you was formed.
-
Alteration or Amendments to the Conditions-We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods/services from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
-
Events beyond our reasonable control-We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control or due to reasons that are full control of any third party. This condition does not affect your statutory rights.
-
Waiver-If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
-
Governing Law and Jurisdiction-These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi, India.